Изучение личности жертвы при расследовании преступлений, совершенных с угрозой насилия

Abstract

During the investigation of crimes, the investigator must establish all the circumstances to be proved (article 73 of the criminal procedure code), including the data on the victim. The criminalistic characterization of violent crimes will be complete only if it is supplemented with victimological features, since the personality and behavior of the victim are elements of the external environment that forms criminal intent and the choice of criminal ways to implement it. The use of victimological analysis helps the investigator to put forward versions about the offender and the motives for committing the crime, to determine the tactics of individual investigative actions, to predict the investigative situation and to timely resolve the issue of the application of security measures. In some cases, information about the victim allows to establish data on the identity of the perpetrator, the motives for committing the crime, the reasons for choosing the method of violence, etc. Data on the identity of the victim in the Commission of violent socially dangerous acts is established by forensic (technical-forensic and tactical-forensic), forensic (identification methods, anthropological), forensic-psychiatric (experimental-psychological, clinical-psychopathological) and forensic-procedural methods of cognition. On the example of the criminal cases of robberies studied by the author, it is established that the choice of the method of personality research is largely determined by the method of committing the crime and the subsequent behavior of the victim after committing a criminal act against her. Victimological aspects should be established and taken into account by the investigator during the investigation of criminal cases, the judge - when imposing punishment. Only such an approach can ensure a full, objective and comprehensive investigation of a criminal case and take the necessary preventive measures.