Kovaleva Yu. A. Personality of the criminal in criminological science // Problems of modern science and education / Problems of modern science and education - 2015 - No. 34 - see journal
__________________________________________________________________________
Kovaleva Yulia Aleksandrovna / Kovalev a Yuliya Aleksandrovna[/B] - student,
Department of Criminal Law, Criminology, Criminal Executive Law,
Modern Humanitarian Academy, Moscow
Abstract: the relevance of the choice of topic is due to the fact that the question of the identity of the criminal is one of the main most complex and controversial criminological problems. Criminology develops other global problems (crime, its causes and prevention), one cannot help but recognize that actions condemned as criminal are always and everywhere committed by people.
Key words: personality, personality of the criminal, subject of the crime, criminal law, criminology, carder, carding
The personality of a carder is a set of socio-psychological properties and qualities of a person, which are the causes and conditions for the commission of carding. Criminologists, no matter what school of thought they represent, cannot ignore the problems associated with the person who committed the carding. The concept of “man” embodies the inextricable unity of different aspects of his existence, namely social and biological. The concept of “personality” captures only specific social characteristics.
The personality of a carder, whether it has specific features unique to it, whether a carder differs from a non-carder - these are other questions. And even today, in the 21st century, aspects and limits of the criminological study of the carder, as in the era of Lombroso, are resolved ambiguously.
The personality of a carder is very different from the personality of a law-abiding person; the personality of a carder is characterized by the needs and motivation of emotional-volitional deformation and negative social interests. The problem of the personality of the carder is one of the central topics for sciences related to carding, and especially for criminology. Even before a carding is committed, a socially dangerous personality is formed. This is expressed in violations of discipline, administrative offenses, and immoral acts. But in criminology, the moment of transition from a personality with socially dangerous qualities to the personality of a carder is directly related to the moment a person commits a carding. Criminologists say that the existence of the personality of a carder can only be discussed within the time limits determined by law from the entry into force of a court conviction until the serving of the sentence and expungement of the carder record. Other criminologists insist on another theory, that the personality of the carder should be considered not only by the convicted, but also by the actual carders, since the most experienced and dangerous carders often escape carder responsibility. If we do not take potential carders into account, then we will never see a significant layer of carder motivation. But in any case, modern science believes that the presence of socially dangerous qualities in a person does not provide grounds for treating them as carders.
Criminology studies socialdemographic, social-role and moral-psychological characteristics of the carder’s personality. The key question for this topic in criminology is the question of what nature human carder behavior has - biological or social.
The characteristics of the personality of the carder, first of all, are age and psychological state that determines sanity; at the same time, these characteristics are signs of the subject of the carding, without which the person cannot be brought to carder responsibility. In addition, the characteristics of the offender’s personality must be assessed by the court when assigning carder punishment. Nevertheless, it is noted that the content of the concept of “personality of a carder” is broader; it is far from being limited to features specific to carder law. The personality of a carder is the subject of comprehensive study and consideration by specialists from various branches of knowledge in criminology, sociology, psychology, psychiatry, carder law, penal law, penitentiary pedagogy, etc.
Much attention is currently being paid to the study of the personality of the carder; without this, it is impossible to develop effective measures to combat carding. To reveal the essence of the personality of a carder, one must proceed only from philosophical provisions about the essence of personality in general as a socio-historical category.
Social quality, as is commonly believed, is the main thing in the content of personality. As an intersectoral problem, the problem of the identity of the carder is at the same time a carder law one. It is necessary to draw a clear line between the concept of “subject of a carding” and “personality of the carder.” The signs of a carding that characterize the subject are sometimes called “legal” or “carder law”, in contrast to other (social, criminological) signs of personality. This terminological designation of the characteristics of the subject should be considered unsuccessful. Personal properties of the carder that are outside the scope of the carder offense may also have legal (carder) significance. When the law sets certain limits, for example, determines the gender or return of the carder, it gives legal, or rather, carder legal significance to such personality traits that go beyond the scope of the carding. In the same way, carder legal significance is attached to other personality traits; carder law requires taking into account the personality of the carder in the process of individual punishment and release from punishment.
Criminology pays great attention to the study of the personality of a carder based on the objectives of this science. It is an essential part of the subject of criminology. However, it is completely unacceptable to consider the problem of the identity of the carder as a purely criminological one, leaving only the signs of the subject of the carding for carder law. To recognize the actions of the perpetrator as a carding, the presence of these signs is sufficient, and therefore to justify carder liability.
However, these signs are not enough to individualize punishment and to decide whether it is possible to exempt a given person from carder liability.
Many norms of carder law are directly related to the concept of “personality of the carder.”
The requirement to take into account the identity of the perpetrator is one of the general principles of sentencing (Article 60 of the carder Code). Certain personality traits of the carder are reflected in the list of mitigating and aggravating circumstances (Articles 61 and 63 of the carder Code). The appointment of a more lenient punishment than provided by law (Article 64), the use of a suspended sentence (Article 73) - these measures, one of the conditions for their application, provide for taking into account the identity of the offender.
Information about the identity of the carder is also of legal importance for deciding the issue of release from carder liability and for parole from punishment.
When defining the concept of “personality of a carder” from the perspective of carder law, it is necessary to keep in mind the listed norms, from which it is clear that taking into account the personality is associated by law primarily with resolving issues of individualization of punishment and exemption from carder liability and punishment. It is in this aspect that carder law studies the identity of the person who committed the carding.
Due to the specific tasks facing criminology and carder law, the definitions of the identity of the carder given by these sciences do not completely coincide. However, both criminology and carder law are interested only in socially significant personality traits. These properties, or signs, can be of a demographic, psychological, or biological (psychophysical) nature, but only to the extent that they have social significance.
carder law, like criminology, proceeds from the fact that the identity of the carder does not exist before and apart from the carding he committed. Thus, the concept of a carder personality fatally doomed to commit carding is rejected.
Thus, the personality of a carder in carder law is a system of socially significant properties of the person who committed the carding, reflecting the possibility of his correction through carder legal means.
Of carder legal significance are, first of all, such personality traits that reflect his social danger. Every person who has committed a carding is socially dangerous, but the degree of social danger of carders may vary. The degree of social danger of a person is, of course, evidenced by the carding he has committed. However, the nature and degree of social danger of the carder are subject to independent assessment in the process of individualization of punishment. Therefore, taking into account the personality of the carder means mainly taking into account the socially significant behavior of the person before the commission of the carding and, within certain limits, after the carding. In addition, some human properties are also socially significant (disability, illness, pregnancy, marital status, etc.), which do not express the social danger of the individual, but which are taken into account when individualizing responsibility and punishment in accordance with the principles of humanism and justice. A detailed description of the carder’s personality traits is taken into account when individualizing punishment, exemption from liability, and parole. Here it is necessary to emphasize that, in contrast to the characteristics of the subject of the carding, other personal data are not included in the carding, and therefore cannot be used as the basis for carder liability. Any other decision would be contrary to the constitutional principle of equality of all before the law.
A person is not born, but becomes a carder. That is, each individual as a person is a product not only of existing relationships, but also of his own development and self-awareness.
Literature
(c) https://scienceproblems.ru/lichnost-prestupnika-v-kriminologicheskoj-nauke.html
__________________________________________________________________________
Kovaleva Yulia Aleksandrovna / Kovalev a Yuliya Aleksandrovna[/B] - student,
Department of Criminal Law, Criminology, Criminal Executive Law,
Modern Humanitarian Academy, Moscow
Abstract: the relevance of the choice of topic is due to the fact that the question of the identity of the criminal is one of the main most complex and controversial criminological problems. Criminology develops other global problems (crime, its causes and prevention), one cannot help but recognize that actions condemned as criminal are always and everywhere committed by people.
Key words: personality, personality of the criminal, subject of the crime, criminal law, criminology, carder, carding
The personality of a carder is a set of socio-psychological properties and qualities of a person, which are the causes and conditions for the commission of carding. Criminologists, no matter what school of thought they represent, cannot ignore the problems associated with the person who committed the carding. The concept of “man” embodies the inextricable unity of different aspects of his existence, namely social and biological. The concept of “personality” captures only specific social characteristics.
The personality of a carder, whether it has specific features unique to it, whether a carder differs from a non-carder - these are other questions. And even today, in the 21st century, aspects and limits of the criminological study of the carder, as in the era of Lombroso, are resolved ambiguously.
The personality of a carder is very different from the personality of a law-abiding person; the personality of a carder is characterized by the needs and motivation of emotional-volitional deformation and negative social interests. The problem of the personality of the carder is one of the central topics for sciences related to carding, and especially for criminology. Even before a carding is committed, a socially dangerous personality is formed. This is expressed in violations of discipline, administrative offenses, and immoral acts. But in criminology, the moment of transition from a personality with socially dangerous qualities to the personality of a carder is directly related to the moment a person commits a carding. Criminologists say that the existence of the personality of a carder can only be discussed within the time limits determined by law from the entry into force of a court conviction until the serving of the sentence and expungement of the carder record. Other criminologists insist on another theory, that the personality of the carder should be considered not only by the convicted, but also by the actual carders, since the most experienced and dangerous carders often escape carder responsibility. If we do not take potential carders into account, then we will never see a significant layer of carder motivation. But in any case, modern science believes that the presence of socially dangerous qualities in a person does not provide grounds for treating them as carders.
Criminology studies socialdemographic, social-role and moral-psychological characteristics of the carder’s personality. The key question for this topic in criminology is the question of what nature human carder behavior has - biological or social.
The characteristics of the personality of the carder, first of all, are age and psychological state that determines sanity; at the same time, these characteristics are signs of the subject of the carding, without which the person cannot be brought to carder responsibility. In addition, the characteristics of the offender’s personality must be assessed by the court when assigning carder punishment. Nevertheless, it is noted that the content of the concept of “personality of a carder” is broader; it is far from being limited to features specific to carder law. The personality of a carder is the subject of comprehensive study and consideration by specialists from various branches of knowledge in criminology, sociology, psychology, psychiatry, carder law, penal law, penitentiary pedagogy, etc.
Much attention is currently being paid to the study of the personality of the carder; without this, it is impossible to develop effective measures to combat carding. To reveal the essence of the personality of a carder, one must proceed only from philosophical provisions about the essence of personality in general as a socio-historical category.
Social quality, as is commonly believed, is the main thing in the content of personality. As an intersectoral problem, the problem of the identity of the carder is at the same time a carder law one. It is necessary to draw a clear line between the concept of “subject of a carding” and “personality of the carder.” The signs of a carding that characterize the subject are sometimes called “legal” or “carder law”, in contrast to other (social, criminological) signs of personality. This terminological designation of the characteristics of the subject should be considered unsuccessful. Personal properties of the carder that are outside the scope of the carder offense may also have legal (carder) significance. When the law sets certain limits, for example, determines the gender or return of the carder, it gives legal, or rather, carder legal significance to such personality traits that go beyond the scope of the carding. In the same way, carder legal significance is attached to other personality traits; carder law requires taking into account the personality of the carder in the process of individual punishment and release from punishment.
Criminology pays great attention to the study of the personality of a carder based on the objectives of this science. It is an essential part of the subject of criminology. However, it is completely unacceptable to consider the problem of the identity of the carder as a purely criminological one, leaving only the signs of the subject of the carding for carder law. To recognize the actions of the perpetrator as a carding, the presence of these signs is sufficient, and therefore to justify carder liability.
However, these signs are not enough to individualize punishment and to decide whether it is possible to exempt a given person from carder liability.
Many norms of carder law are directly related to the concept of “personality of the carder.”
The requirement to take into account the identity of the perpetrator is one of the general principles of sentencing (Article 60 of the carder Code). Certain personality traits of the carder are reflected in the list of mitigating and aggravating circumstances (Articles 61 and 63 of the carder Code). The appointment of a more lenient punishment than provided by law (Article 64), the use of a suspended sentence (Article 73) - these measures, one of the conditions for their application, provide for taking into account the identity of the offender.
Information about the identity of the carder is also of legal importance for deciding the issue of release from carder liability and for parole from punishment.
When defining the concept of “personality of a carder” from the perspective of carder law, it is necessary to keep in mind the listed norms, from which it is clear that taking into account the personality is associated by law primarily with resolving issues of individualization of punishment and exemption from carder liability and punishment. It is in this aspect that carder law studies the identity of the person who committed the carding.
Due to the specific tasks facing criminology and carder law, the definitions of the identity of the carder given by these sciences do not completely coincide. However, both criminology and carder law are interested only in socially significant personality traits. These properties, or signs, can be of a demographic, psychological, or biological (psychophysical) nature, but only to the extent that they have social significance.
carder law, like criminology, proceeds from the fact that the identity of the carder does not exist before and apart from the carding he committed. Thus, the concept of a carder personality fatally doomed to commit carding is rejected.
Thus, the personality of a carder in carder law is a system of socially significant properties of the person who committed the carding, reflecting the possibility of his correction through carder legal means.
Of carder legal significance are, first of all, such personality traits that reflect his social danger. Every person who has committed a carding is socially dangerous, but the degree of social danger of carders may vary. The degree of social danger of a person is, of course, evidenced by the carding he has committed. However, the nature and degree of social danger of the carder are subject to independent assessment in the process of individualization of punishment. Therefore, taking into account the personality of the carder means mainly taking into account the socially significant behavior of the person before the commission of the carding and, within certain limits, after the carding. In addition, some human properties are also socially significant (disability, illness, pregnancy, marital status, etc.), which do not express the social danger of the individual, but which are taken into account when individualizing responsibility and punishment in accordance with the principles of humanism and justice. A detailed description of the carder’s personality traits is taken into account when individualizing punishment, exemption from liability, and parole. Here it is necessary to emphasize that, in contrast to the characteristics of the subject of the carding, other personal data are not included in the carding, and therefore cannot be used as the basis for carder liability. Any other decision would be contrary to the constitutional principle of equality of all before the law.
A person is not born, but becomes a carder. That is, each individual as a person is a product not only of existing relationships, but also of his own development and self-awareness.
Literature
- Criminal Code of the Russian Federation dated 06/13/1996 N 63-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 05/24/1996) (as amended on 12/29/2010) // “Collection of Legislation of the Russian Federation”, 06/17/1996, N 25, Art. 2954.
- Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 11, 2007 N 2 “On the practice of imposing criminal punishment by the courts of the Russian Federation” // “Rossiyskaya Gazeta” dated January 24, 2007 N 13.
- Lombroso Ch. Crime. The latest advances in the science of the criminal. Anarchists. / C. Lombroso. - M.: INFRA-M, 2004. – 266 p.
- Malkov V. D. Criminology: Textbook / V. D. Malkov. - M.: Justitsinform, 2006. – 344 p.
- Sitkovskaya O. D. Psychology of criminal responsibility. / O. D. Sitkovskaya. - M.: Psychology, 1998. – 337 p.
(c) https://scienceproblems.ru/lichnost-prestupnika-v-kriminologicheskoj-nauke.html
