Понятия и соотношения уголовно-правовой, криминологической и криминалистической характеристик преступления

Abstract

The relevance of the study is due to a comprehensive study of the concepts and contents of criminal law, criminological and forensic crime characteristics. The aim is to analyze the criminal-legal, criminological and criminalistic aspects of the crime characteristics as a whole, as well as to consider the problematic elements of some of them. The realization of this aim was achieved using the laws of dialectics, formal logic and the use of general scientific and private scientific research methods. The system approach in studying of considered characteristics of crimes is used. We consider the relations of the studied characteristics in solving common problems of disclosure, investigation and prevention of crimes. We identify, in particular, the content of the criminological characteristics, which is a set of all interrelated features that form its structure. We characterize the elements that make up the above structure, also we adheres to the position that the forensic characteristic is a system of features inherent in a certain type of crime. It is emphasized that in contrast to the criminal-legal characteristics, is not an integral part of the general understanding of the crime and is applied, official nature, necessary to solve the tasks of the investigation. We indicate the main elements inherent in the concept of forensic characteristics. Conducting a comparative analysis of the elements of criminal law and criminalistic characteristics of crimes, it is noted that in both cases, different elements are considered in importance for them, but in the end, determining one-the composition of the crime. The main difference of the considered characteristics was considered on the example of the problems with which they are solved.