Особа злочинця як елемент криміналістичної характеристики доведення до самогубства
Person as criminal element criminological characteristics of incitement to suicide
Author(s): L. KerikSubject(s): Criminal Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: criminalistics description; driving to suicide; personality of criminal; aggression; affect; криміналістична характеристика; доведення до самогубства; особистість злочинця; агресія; афект.
Summary/Abstract: Problem setting. The structural element of criminalistics description of driving to suicide is a person of a criminal. Characterizing the person of a criminal, that accomplishes, in form intention or carelessness, such crime as driving to suicide, it is necessary to take into account that the subject of crime is a man from that a victim was in material or other dependence. Recent research and publications analysis. The questions of the study of a criminal scientists engaged in as a criminal law, criminology, criminal process, legal psychology and criminalistics, in particular, R.L. Ahmedshin, V.A. Jbankov, V. O. Konovalova, G.I. Povreznyuk, E.E. Centrov, V. Yu. Shepitko. Paper objective. The purpose of this paper is to develop a person of a criminal, that is characterized a row criminalistics meaningful signs specific for driving to suicide, that represent the method of leading to of victim to suicide, features of character of criminal, his temperament, skills in life and work. Paper main body. Being base on researches of criminal lawyers, in connection "criminal-victim" in the process of driving to suicide, depending on character of social contacts, it is possible to distinguish such types of victims from this crime: a victim was in domestic or domestic relationships with a criminal; victim, it is an acquaintance of criminal – domiciliary or by the place of birth; on work, studies, service in an army, rest; to the casual meeting on streets; to participating in criminal activity; other acquaintances; a victim is unknown to the criminal, they met immediately in front of commission of crime. The origin of copulas can be divided at times – on that arose up to the commission of crime and on that arose up in the process of criminal trespass. By the nature of cooperation of victim and criminal (by a presence or absence) of copulas it can be to direct and mediated. On the circumstances of creation of copulas it is possible to divide into: that develops as a result of certain mutual relations; what existed between a criminal and victim to the commission of crime; on that appeared in the total sharply conflict situation directly to or in the moment of commission of crime. Conclusions of the research. The person of a criminal in the process of driving to suicide is a person, from that a victim was in material or other dependence and that applied to her) physical influence (physical violence) and / or psychological influence (psychical violence), certain complex of physical and psychical violence, that resulted in suicide or to encroaching upon suicide
Journal: Проблеми законності
- Issue Year: 2015
- Issue No: 130
- Page Range: 162-168
- Page Count: 7
- Language: Ukrainian