Functions Of Criminal-Law Principles: Ideological, Political, And Regulatory Roles In Doctrine And Legal Practice
DOI:
https://doi.org/10.55640/eijmrms-05-08-03Keywords:
Functions of law, criminal-law principles, principle of legality, principle of humanismAbstract
The article offers a systematic exposition of the functions of criminal-law principles at the intersection of general theory of law and sector-specific criminal-law doctrine. Drawing on existing classifications of the functions of law (Sh. Saydullayev) and of criminal-law principles (T. R. Sabitov, V. M. Stepashin, A. G. Berestinnikov), it develops an analytical framework focused on three basic functions of principles: ideological, political, and regulatory.
It is shown that the principles (legality, humanism, justice, etc.) not only articulate the value foundations of criminal law but also serve as instruments for calibrating sentencing policy and interpreting norms. The empirical illustration is an overview of judicial practice in the Republic of Uzbekistan: in an analysis of more than 1,000 judicial decisions from 2020–2024, courts cited criminal-law principles in the reasoning of judgments in an average of 27% of cases (with an increase from 19% to 38% by year), predominantly invoking the principles of humanism and justice. A case is presented of imposing a sentence below the statutory minimum relying on Article 7 of the Criminal Code of the Republic of Uzbekistan (principle of humanism) together with Article 57. The conclusion highlights the dual role of principles: as stabilizers of legislation and as “operational” guides that enable the individualization of liability while preserving legal certainty.
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