Criminological analysis of determinants of criminal behavior

2021 ◽  
Vol 5 (S4) ◽  
pp. 1483-1499
Author(s):  
Maksym Zabarniy ◽  
Vasyl Topchii ◽  
Tatiana Korniakova ◽  
Oksana Topchii ◽  
Vitalii Topchii
Keyword(s):  
Criminal Behavior ◽  
Criminal Cases ◽  
Criminal Offenses ◽  
Illegal Acts ◽  
Almost All ◽  
Criminal Conduct ◽  
Criminological Theories ◽  
Criminological Analysis ◽  
Case Basis

This article analyzes the process of determination of criminal conduct. The authors argue that the reasons for criminal conduct are individual and can vary significantly on a case-by-case basis. Its dependence on both biological and social factors is stated. The combination of pathological heredity, social environment, political and economic factors can cause criminal behavior. At the same time, the psychological aspects of illegal acts are taken into account within almost all criminological theories to a greater or lesser extent. Criminal behavior is always demonstrated only by an individual and, above all, it is a manifestation of psychological deformities, expressed in the phenomenon of criminogenic contamination. Therefore, understanding its essence will better determine the nature of the warning influence. As a result, it is possible to answer several questions about the determination and nature of criminal behavior, the reasons for the commission of criminal offenses, the peculiarities of the functioning of the mental sphere, psychological problems, complexes, etc. This information helps to optimize methods of crime prevention, provide for further actions of serial criminals, help in the identification of offenders and the investigation of criminal cases.

scholarly journals THE CAUSES AND CONDITIONS OF CRIME IN THE FIELD OF ECONOMY

2021 ◽  
pp. 348-363
Author(s):  
S. Denysov ◽  
Yu. Filei
Keyword(s):  
Criminal Behavior ◽  
Criminal Activity ◽  
Economic Crime ◽  
Social Characteristics ◽  
Economic Relations ◽  
The People ◽  
Criminal Offenses ◽  
Leading Position ◽  
The Media ◽  
Almost All

The article examines the issue of combating criminal offenses in the field of economics. It is emphasized that economic crime is caused by destructive tendencies in the development of market relations in the economy and social sphere. Lack of real protection of legitimate economic relations, lag of law-making activity from the needs of economic practice, unsystematic adoption of legal acts concerning certain elements of the economic system. Recently, there has been a process of merging economic and criminal offenses, as well as merging with organized crime. Penetrating into various spheres of the economy, criminal associations seek not only to establish control over the activities of specific enterprises but also to create their own structures capable of occupying a leading position in the infrastructure of individual industries. The intellectual level of criminal activity increases, the scope, and methods of encroachment expand. The reasons for committing mercenary crimes in the economic sphere are both objective and subjective. Thus, in the determination of crime involved both biological and social characteristics of man. An economic criminal does not perceive himself as a criminal, although he admits that he is breaking the law. The problem here is that the media is very one-sided coverage of the image of the traditional criminal, as well as the fact that economically criminal behavior is difficult at first glance to distinguish from socially obedient. Economic criminals justify their crimes by committing them with the tacit consent or approval of public opinion. They deny causing harm to citizens, and also claim that almost all businessmen do the same. If the profit significantly exceeds the possible punishment, then such a crime becomes profitable. Criminal behavior should not be economically or socially profitable. At the same time, it is important to improve the economic and social living conditions of the people.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals Perpetrator's identity – central issue of modern criminology (Some Aspects in the Context of Opposing Criminality)

2021 ◽  
pp. 411-416
Author(s):  
Liudmyla Kozliuk
Keyword(s):  
Criminal Behavior ◽  
Personal Characteristics ◽  
Central Issue ◽  
Close Connection ◽  
Positive Aspect ◽  
The Core ◽  
Criminal Offenses ◽  
Illegal Acts ◽  
The Subject ◽  
Main Components

Due to the fact that our society lives in a state of criminality, this study theoretically attempts to show the value of research on the perpetrator's identity and the need to oppose criminality thereof. The purpose of the study is to understand one of the main components of the subject of criminology, which is the perpetrator's identity, to clarify his role and place in the opposing against criminality. The study applied the principle of social naturalism. It is proved that the study of the identity of the perpetrator on the basis of the principle of social naturalism opens up new opportunities in finding, more successful influence on the behavior of persons committing criminal offenses. Because it determines that the core of the perpetrator's identity is an arbitrariness and illusions complex. Liquidation of which will help increase efficiency in the development and implementation of measures to opposing criminality. Under implementing countermeasures, it is important to know on what aspects to focus on to prevent the mechanism of criminal behavior. It is the study of the perpetrator’s identity from the standpoint of socio-naturalistic criminology opens the way for a successful response to the causes and conditions that shape the perpetrator’s identity and contribute thereof to manifestation in the commission of a crime. The socio-naturalistic approach to the study of perpetrator’s identity allows the subjects of counteraction accordingly: develop countermeasures and respond to criminality in general. It is argued that the positive aspect in opposing criminality directly depends on the perpetrator’s identity because through the knowledge of the personal characteristics of those who commit illegal acts, criminogenic factors of crime are explained. These are two interdependent processes. Scientifically substantiated researches of the perpetrator’s identity give the chance to carry out, to correct opposition to criminality. Thus, there is a natural formula: an effective study of the perpetrator’s identity is equal to the effective opposition against criminality. It has been proven that effective research into the perpetrator’s identity is tied to a logical chain of solving extremely complex criminological problems, including the opposing against criminality. And the successful opposition to this socially negative phenomenon shows that there is an adequate influence on criminogenic factors that give rise to criminality, that is, that the developed measures to opposing criminality are effective. The close connection between the perpetrator’s identity and the opposition against criminality is that the perpetrator’s identity is central to the opposition against criminality, due to the fact that effective research on the perpetrator’s identity, it is possible to implement effective measures.

Settling Criminal Cases Without a Trial

1997 ◽  
Vol 31 (1-3) ◽  
pp. 223-244
Author(s):  
Bert Swart
Keyword(s):  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Sanctions ◽  
Criminal Charge ◽  
A Charge ◽  
Almost All

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

scholarly journals About the Determination of Crime

2020 ◽  
pp. 274-280
Author(s):  
Bohdan Holovkin
Keyword(s):  
Social Relations ◽  
Criminal Behavior ◽  
Large Scale ◽  
Criminal Responsibility ◽  
General System ◽  
Alcoholic Beverages ◽  
Legal Consciousness ◽  
Behavioral Strategies ◽  
Criminal Offenses

In the article on the basis of system approach the concept and mechanism of determination of crime are considered, the system of determinants of crime is established, causality of this phenomenon is revealed. It is noted that crime arises, exists and develops as a result of the interaction of members of society with each other, as well as with the social environment and society as a general system. Therefore, crime first and foremost linked to the conditions of life of society, the state of social consciousness and the system of social relations. Crime does not produce a single phenomenon, process or event, but a synergy of similar and homogeneous phenomena and processes. In addition, crime is capable of self-reproduction, by regularly repeating the most persistent forms of criminal behavior. Of all the types of determination, causality is of paramount importance, since this category reflects the objective, regular link between crime and the phenomena that give rise to it. At the level of society, the causes of crime are criminogenic deformations of the legal consciousness and legal culture, which, under certain conditions, naturally give rise to criminal forms of behavior by members of society. Such deformations lead to a criminal state, when people think about the benefits of criminal behavior and are not afraid of criminal responsibility. Deformations of the legal consciousness include defects in the legal worldview, distorted values, the legal subculture, double morality, anti-social interests, and opportunistic behavioral strategies. Among the conditions contributing to the increase in the crime rate, the biggest influences are: shadow economy and criminal monopolism; corruption; poverty of a large part of the population; income inequality; job cuts and unemployment; uncontrolled urbanization; ill-considered changes to the legislation, first of all criminal; human rights abuses; social tension and conflicting; concealment of criminal offenses from accounting, low rates of disclosure of criminal offenses; unfair judgments (sentences); trafficking in weapons, ammunition and explosives; unreasonable large-scale amnesty of criminals; high levels of consumption of alcoholic beverages, drugs and psychotropic substances; child homelessness and neglect.

scholarly journals THE ISSUE ON DETERMINATION OF TYPOLOGICAL FEATURES OF PEOPLE, COMMITTING CRIMINAL OFFENSES RELATED TO THE FORGERY OF EXCISABLE GOODS, AS AN ELEMENT OF THE CRIMINALISTIC CHARACTERISTICS

2019 ◽  
Vol 7 (1) ◽  
pp. 315-327
Author(s):  
Ayupova Zauresh ◽  
Begaliyev Yernar ◽  
Uspanov Zholdybay
Keyword(s):  
Social Sciences ◽  
Theoretical Interpretation ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Subject ◽  
Product Recommendations ◽  
Characteristic Features

In the article «The issue on determination of typological features of people, committing criminal offenses related to the forgery of excisable goods, as an element of the criminalistic characteristics» prepared by doctoral student Ayupova Z.N.; Professor of the Department of Special Legal Disciplines, Doctor of juridical Science Begaliev E.N; Dean of the Faculty of Social Sciences and Law, candidate of juridical Sciences, Professor UspanovZh.T. The main purpose of this article is to identify the most characteristic features of an intruder's personality and to formulate recommendations aimed at improving the process of investigating criminal offenses related to falsification of excise goods. The article deals with the issue of theoretical interpretation of the concept of "criminalistic characterization of crimes" and "typology of personality" as its element. The analysis of the reference paper is given regarding the study of the typology of persons committing criminal offenses; as well as the problems that arise in determining the subject of the crime and the ways to solve them. The types of persons committing criminal offenses connected with forgery of excisable products as exogenous and endogenous types of intruders are investigated; classified by the object of encroachment, the nature of criminal acts, the degree of public danger. The concepts of socially-adoptive, socially-disadaptive type of personality of persons who commit this category of a criminal offense are disclosed. The structure of the personality of the intruder who deals in the falsification of excisable goods has been compiled and examined through socio-demographic, criminally-legal, socially significant physiological features and moral properties. The analysis of methods for establishing a suspect person is given, the main types of malefactors and their functions are identified in the production of a surrogate excise product. Recommendations for persons conducting investigations into criminal cases related to forgery of excise goods are developed.

scholarly journals The substrate of criminal-legal influence

2021 ◽  
Vol 39 (68) ◽  
pp. 441-462
Author(s):  
Oleksandr Kozachenko ◽  
Oleksandr Sotula ◽  
Vasyl Biblenko ◽  
Kostiantyn Giulyakov ◽  
Oleksandr Bereznikov
Keyword(s):  
Criminal Behavior ◽  
Legal Regulation ◽  
Basic Element ◽  
The State ◽  
Cultural Environment ◽  
Criminal Offenses ◽  
Primary Element ◽  
Illegal Acts ◽  
Abuse Of Law ◽  
Legal Measure

The aim of the article is found on the idea of measure as a substrate of criminal-legal influence. The publication proposes to consider the measure as a substrate of external forms of legal influence and criminal-legal measure as a primary element of all external forms of criminal-legal influence (in connection with the commission of a criminal act). The analysis allows us to conclude that the substrate of legal influence is a basic element of socio-legal regulation (which substantively combines a system of techniques and methods of influence used to obtain a positive and socially significant result). It should be understood that a criminal-legal measure is a system of techniques and methods of coercive and rehabilitation-encouraging influence of the state on criminal practices (criminal offenses, objectively illegal acts, abuse of law) and lawful post-criminal behavior, which is carried out by the law, determined by the socio-cultural environment. It is concluded that such ideas of Leonardo Polo as coexistence, the abandonment of mental limit, his thoughts on ethics, knowledge, and law can be applied successfully when the criminal-legal measure is characterized by several features that distinguish it from measures of the legal influence of another industry.

Analysis of the Presence of Criminal Offenses in the Field of the Shadow Economy in Serbia

2021 ◽  
Vol 19 (1) ◽  
pp. 131-147
Author(s):  
Snezana Knezevic ◽  
Dragan Cvetkovic ◽  
Marija Micovic ◽  
Aleksandra Mitrović ◽  
Stefan Milojević
Keyword(s):  
Economic Activity ◽  
Shadow Economy ◽  
Economic Crime ◽  
Material Damage ◽  
Structure And Dynamics ◽  
Criminal Offenses ◽  
The Republic ◽  
Almost All ◽  
Budget Revenue

The shadow economy offenses are a group of offenses with a wide variety of manifestations occurring in almost all areas of economic activity. The shadow economy, as a special form of economic crime, is increasingly disrupting the smooth functioning of the economy, but also causing significant material damage to society. The Republic of Serbia is making efforts to curb the shadow economy, which significantly reduces its budget revenue. In this paper, after conceptual determination of the shadow economy phenomena in the literature review, determining the causes and manifestations of crimes in the field of the shadow economy, we will analyze their volume, structure and dynamics, as well as their participation in the mass of total, i.e. economic crime in the Republic of Serbia from 2006 to in 2018. The aim of this paper is to emphasize the extreme importance of more appropriate involvement of competent authorities in order to combat this type of crime in modern economies by analyzing the causes and effects as well as the dynamics of this phenomenon.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Population Change, Modernization and Welfare. By Joseph Spengler. Prentice-Hall Inc., Englewood Cliffs, N.J. 1974.

1977 ◽  
Vol 16 (2) ◽  
pp. 220-222
Author(s):  
Zeba A. Sathar
Keyword(s):  
Population Growth ◽  
Population Change ◽  
Population Control ◽  
Stable Condition ◽  
Developed Countries ◽  
Wide Field ◽  
Wide Scale ◽  
Socio Economic Variables ◽  
Almost All

The book covers a wide field, touching on almost all aspects of popula¬tion change on a world-wide scale. It discusses, using world and country data, the relationships between demographic and socio-economic variables, and elaborates on" their relative importance in the determination of population problems which confront the world as a whole and nations individually. Policies designed to alleviate these problems are discussed with an emphasis on those related to population control. The first chapter is entitled "Population Growth: Past and Prospective" and reviews the various parameters associated with population change in the past and in the future. It touches upon the concept of a stable population in order to show the elements which cause a population to change (i.e. remove it from its stable condition). The main elements of change, population growth, migration, mortality and natality are discussed individually. The chapter is concluded by a description of the main differences in these elements and other socio-economic conditions as they exist in the less-developed and developed countries.

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