Improving the Provisions of The Criminal Code on Optional Characteristics of The Offender

This article is devoted to a theoretical and comparative legal analysis of the optional characteristics of the offender in criminal law. The study examines in detail the legal nature of the offender’s optional characteristics, their role in the qualification of crimes, and their significance in the process of sentencing. The author substantiates the distinctions between the optional characteristics of the offender and the characteristics of a special offender, revealing their informative function as well as their role in the individualization of criminal liability. Based on an analysis of the norms of national criminal legislation and the criminal laws of certain foreign states, as well as the views of leading foreign scholars, the article elucidates the theoretical foundations for taking into account the offender’s personal traits, behavior before and after the commission of a crime, and the factors that led to the commission of the offense when imposing punishment. As a result of the research, a number of theoretical and practical proposals aimed at improving the provisions of the Criminal Code of the Republic of Uzbekistan relating to sentencing are put forward.

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