TIME OF COMMITTING A CRIME IS NECESSARY SIGN OF INTENTIONAL KILLING OF NEWLY-BORN CHILD COMMITTED BY MOTHER: NATIONAL AND FOREIGN EXPERIENCES

Abstract

The article analyzes the problems of qualification crime, connected with infanticide. the terms, used in formulation of crime under considering, which demands of unambiguous and luminous exposition are defined. this article illustrates the objective side of the crime structure and its necessary and facultative signs and their criminal legal significances belong to offence of infanticide , including the theoretical and practical problems of facultative signs of the objective side of the crime structure, which are specified in the criminal code of the republic of uzbekistan. in addition, proposals and recommendations for further improvement of the criminal legislation. The issues of whether the objective aspect of the composition of the crime, such as “during childbirth or immediately thereafter”, which is the time of the crime, are directly referred to in the criminal law by the legislator as a necessary sign are analyzed. Also, in this article, the author analyzes offence of infanticide in national and foreign experiences as United States, England, Canada, Germany, France, Russia, Kazakhstan, Kyrgyzstan, Tajikistan. This article illustrates that the facultative signs of the objective side of the crime of offence of infanticide are specified in the Criminal Code as extenuating (qualifying) signs at the qualification of criminal offense and Objective signs of this crime consist in the unlawful deprivation life of a newborn child.On the objective side, the crime under article 99 of the criminal code of the Republic of Uzbekistan has a material structure. It can be committed either through action or inaction. A socially dangerous consequence must be in the necessary cause-and-effect relationship with the mother's act.