/ / The criminal - who is he? Criminal In Criminal Procedure

The criminal - who is he? Criminal In Criminal Procedure

Anyone will say that the perpetrator is the person who committed the crime. And what signs are characteristic of a criminal person? This will be discussed in this article.

Concept of the identity of the offender

Both in criminology and in criminal lawthe identity of the perpetrator has always remained a key issue. How can you characterize the person in question? The offender is a person who has certain properties and features that are considered to be a criminal offense. At the same time, various disciplines and scientific fields interpret the criminal personality in different ways. Thus, in criminal law it is the “subject of a crime”, in a criminal process - “accused”, in the criminal-correctional environment - “convicted”.

Необходимо отметить, что каждый преступник possesses a certain legal status and responsibilities that it gives the court. As a rule, it is the duty to serve the sentence in correctional colonies.

To distinguish the criminal from the whole mass of people, it is necessary to define clear legal criteria. Moreover, these criteria should coincide with the fact of the crime.

Statistics

A criminal in criminal law is always a personsubject to a number of specific criteria. These criteria are developed in accordance with the special statistics developed by the Academy of the Prosecutor General of the Russian Federation. What is indicated in the statistics?

the criminal is

It has been proven that the total number of crimesgrowing every year, and already the second decade. However, these data are trying to refute the law enforcement agencies, confident in the opposite. The Academy, however, claims that in 2012 there were 25 million crimes; law enforcement agencies call the figure of 2.3 million. Despite various data, both instances are sure of one thing: the statistics helped to reveal a number of certain signs characteristic of criminal individuals. All these signs constitute a single classification that is necessary for lawyers, investigators, psychologists and other persons to study. It is about this classification and should be discussed further.

Social and demographic signs

What is meant by social signsa criminal face? This includes the most ordinary criteria applicable to all ordinary people: gender, marital status, age, working qualification level, place of residence, etc. All these seemingly simple signs characterize absolutely any person in the best way. However, in the case of criminal persons, everything is somewhat the opposite.

the criminal is the person who committed the crime

Как известно, преступник - это лицо, обладающее some deviations and "shifts" in physical or mental development. The social signs revealed at the criminal person, allow to define qualitatively a level of a deviation from the norm. Some scientists talk about the identification of individual personality traits of the offender, on which in the future you can build a more complete and complex statistics. In this case we are talking about the system of social relations, the level of socialization of a criminal person. So, thanks to the socio-demographic characteristics, it is possible to build typical portraits of potential offenders in a quality manner.

Criminal and legal signs

Unlike social, criminal-legal signs are inherent only to persons accused of a particular crime. What exactly does this include? It is worth highlighting the following main elements:

  • motives that a person had at the time of the crime;
  • form of guilt;
  • the nature of the crime - group or sole;
  • the criminal past of a person, his biography, etc.

There are a number of special, non-traditionalsigns. They do not indicate a specific crime, but an affiliation of a criminal to certain social groups. Thus, the violator may be a “thief in law”, a leader of a community or an important representative person.

criminal offender

Во всех перечисленных выше признаках наилучшим way reflects the nature, composition and form of the crime. A criminal is a person who contains many different contradictions and characteristic features. That is why it is possible to conduct a competent analysis of his personality only with the use of criminal-legal signs.

Psychological and moral signs

Преступник в уголовно-процессуальном праве, в criminal law or criminology - it is always an absolutely ordinary person with a specific motivational and need sphere, certain interests, attitudes, beliefs and character traits. Representatives of the relevant authorities are obliged to competently analyze the intellectual, volitional and emotional spheres of the criminal. What is it for? First of all, in order to identify the main elements of human degradation. Due to the identified moral and mental characteristics, it is possible to determine the probability of degradation of a person. What signs come to light first?

criminal offender
This includes:

  • intelligence;
  • interests, habits and abilities;
  • value orientations, worldview, views;
  • volitional properties and some other elements.

Thus, the perpetrator is exactly the same as any other person. However, certain deviations have a strong influence on the personality, as a result of which criminal motives are formed.

Physiological signs

A criminal is a person who usually hascertain deviations in physical or mental development. Naturally, such a statement is not always true. However, in most cases, the motives of criminal acts form precisely certain deviations and deviations from the norm. Mental signs have already been mentioned above, but now it is worth pointing to physiological ones. What can be identified here:

  • illness, abnormal physical constitution;
  • congenital or acquired defects;
  • chronic diseases, etc.
    the criminal is the face

All these moments have a strong influence onhuman psyche. The consequence of a painful condition may be insufficient socialization, problems in work or school, all sorts of social barriers. Naturally, all these factors can not affect the personality of the person. As a rule, a person develops for himself certain motives pushing him to criminal actions.

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