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Article To the Problem of Early Detection of the Origin and Development of Criminal Intent
Authors
KARINA KALIUGA

Doctor of Law, Assistant professor, Deputy Head of the Department criminal law, process and criminalistics Institute of Economics and Law Classic Private University (Zaporizhzhya, Ukraine) ORCID ID: https://orcid.org/0000-0001-8247-2324

Researcher ID: http://www.researcherid.com/rid/AID-7258-2022 monkeywise7@gmail.com

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 4 / 2022
Pages 108 - 122
Annotation

The article is devoted to the problem of improving forensic methods and means of preventing crimes, stopping criminal activity at the initial stage, when theoffender only plans, plans to commit a certain act. In the “Forensic Prevention” section, in the context of an unfinished crime, the preventive task of early detection of the intent of the offender’s personality, updating its essence and planning the features of the application of preventive measures arises. As part of this task, an analysis of modern achievements in the sciences of legal psychology, criminology and forensic science to create a “forensic portrait” of an attacker was carried out.

We noted that effective recommendations for working with traces of memory are not enough today and most of them do not meet modern scientific achievements and the demands of law enforcement practice. One of these problems is at the intersection of legal psychology and forensic prevention and concerns early diagnosis and counteraction to the criminal behavior of the offender. The study is aimed at studying a person who already has a criminal intent, formed during thoughts about committing (or possible) committing criminal acts; preparing for them (or committing part of them); a person is in a “state of readiness to commit a crime”.

We propose to proceed from the fact that criminal actions are not a flash, not a moment. And long-term observations prove that these are successive stages in the implementation of criminal intent, and then criminal actions. They can begin as relatively normal plans, actions. We emphasize that already at this stage we need early diagnosis of the internal driving force that motivates a person to act or a certain type of behavior related to his needs and monitoring the latter. The task of the operative is to determine the purpose and prevent the direction of criminal actions.

It was noted that the extent to which a person is “infected” with antisocial views, having a social orientation, can be found out only by considering the complex of her needs, interests, motives for action.

The subject of our study is human behavior. The tasks are to catch and find out the difference and details that differ from the “naked” eye. According to the principle, when a certain treatment, selection of a method of action or inaction, attitude to circumstances, etc., shows the identity of the offender.

Thesis resulted in a technology (algorithm) for creating and using a personality model of an unknown criminal (in the form of 7 consecutive stages).

The analysis of the concepts of “modus operandi” (method of actions of the criminal) and “handwriting» of the criminal is illustrated by examples of the practice of applying the method – analyzing the personality profile of the criminal, investigating serious and especially serious crimes.

 Any human activity is due to the mental qualities of a person, the level of mental knowledge and emotional-volitional development. A person chooses and improves the techniques and methods of performing actions that are most likely to his temperament, motives and psychological state. Nevertheless, temperament polishes the mental manifestations of a person: it affects the pace of movements, speech; manifestations of thinking, emotions; causes the processes of mental activity, etc. But the interests and moral principles of the individual do not depend on him.

It is indicated that if you carefully take preventive actions, carefully identify events that do not fit into the general scheme or seem strange, you can successfully predict the behavior of criminals.

 It is noted that the lack of information about the persons who committed the crime at the time the signs of a crime are revealed and the initial stage of the investigation is compensated by the availability of generalized data on potential types of possible criminals that meet the circumstances of the act under investigation. This information allows us to put forward versions about the direct perpetrators and accomplices of the crime, the mechanism for committing the crime, their possible locations, the preservation of the instruments and objects of the crime, actions to conceal the traces of the crime, etc.

It is shown that crime prevention is a system of measures taken by state bodies, public organizations, government officials and other persons aimed at counteracting the processes of crime determination, with the aim of re-socializing potential criminals, returning to normal life in society, and preventing the commission of new crimes.

Summing up, it is noted that the distinctive features of each personality are the result of the life experience of the person who committed the crime, which is an integral result of the totality of conditions, lifestyle, own activity, etc.

 

Keywords establishing the origin and development of criminal intent; criminalistics prevention; early diagnosis and counteraction to crimes by means of operational intelligence and forensics
References

Bibliography

Authored books

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 2. Konovalova V, Shepitko V, Yurydychna psykholohiia: akademichnyi kurs (In Yure 2004) (in Ukrainian).

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4. Shepitko V, Psykholohiia sudovoi diialnosti: navchalnyi posibnyk (Pravo 2006) (in Ukrainian).

 

Edited and translated books

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7. Duglas D, Olshejker M, Psihologicheskij portret ubijcy. Metodiki FBR (Centr uchebnoj literatury 2021) (in Russian).

8. Naukovo-praktychnyi komentar Kryminalnoho kodeksu Ukrainy (Dzhuzha O, Savchenko A, Cherniei V, Yurinkom Inter 2016) (in Ukrainian).

 

Journal articles

9. Burgess A, Hartman C, Ressler R, Douglas J, McCormack A, ‘Sexual Homicide – A Motivational Model’ (1986) 1 Journal of Interpersonal Violence 251–72 (in English).

10. Fedorak L, ‘Zlochynnyi namir u kryminalnomu pravi Ukrainy’ (2015) 11 Visnyk Verkhovnoho Sudu Ukrainy 44–8 (in Ukrainian).

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