Criminal Characteristics Research Articles

Methodological principles of criminalistics characterization of theft of cultural values from religious buildings

The purpose of this article is a scientific analysis of the methodological foundations of the criminalistics characterization of thefts of cultural values from religious buildings. It is shown that the criminalistics characteristics of theft of cultural values from religious buildings is a group (special) characteristic. It, in addition to the forensic signs of theft, must contain special signs relating to the object of the direct attempt - cultural values, as well as their location at the time of the theft - a religious building. It was concluded that the criminalistics characteristics of theft of cultural values from religious buildings can be presented in the form of descriptions, tables, diagrams, graphs, computer programs, typologies, etc. Such a characteristic should be based on probabilistic-statistical and correlational relationships between its elements. In the author’s opinion, for the investigation of thefts of cultural values from places of worship, the most productive presentation will be the presentation of criminalistics characteristics in the form of a description, typology and analysis of the phases of criminal activity, which will make it possible to most fully describe and present the most essential features of the elements of the criminalistic characteristics of thefts of cultural values from places of worship. It is shown that the functions of criminalistics characterization of criminal offenses are more multifaceted than the simple focus on putting forward versions of a criminal offense committed in conditions of non-obviousness. According to the author, critics of the «impracticality» of forensic characterization of criminal offenses need to look at the functions that such characterization performs in criminalistics in general and forensic methodology, in particular. Such functions have already been highlighted, they are: applied (typical signs of elements and connections between them can be used during the disclosure and investigation of criminal offenses); cognitive (information about the signs of a criminal offense helps the subject of its knowledge - employees of the operational unit, the investigator to learn about the object, that is, the criminal offense); substitution (forensic characteristics can be considered as an information model that replaces the «original», helping to know it); informative (criminalistics characteristics not only reflect the original information about the object of knowledge, but also help to obtain new information about it); prognostic (information contained in criminalistics characteristics helps to make predictions about a possible series of crimes, about the circumstances that may accompany them, etc.); organizational and methodical (criminalistics characteristics guide the investigator to choose the most appropriate means of investigating a crime, to the optimal organization of such an investigation).

여성 사이코패스 범죄자의 심리학적 특성 분석 연구 - 부산 정유정의 과외교사 살인사건 중심

This study started from a critical perspective on psychopathy research, which has been conducted with a focus on men, and was conducted with the purpose of theoretically deriving the psychological characteristics of female psychopaths and verifying them through cases. The research method was to derive the characteristics of female psychopaths based on empirical studies and theories conducted to date in advanced foreign countries and compare them with the characteristics of male psychopaths. In addition, we took a method of theoretically verifying the validity of the existing theory by comparing and analyzing the results of previous research on the characteristics of female psychopathic criminals with female psychopathic cases that occurred at home and abroad. Basic data for deriving the characteristics of general psychopathy include psychopathy measurement tools developed overseas: PCL-R, PPI-R, and CAPP, TriPM.

О некоторых аспектах выявления и расследования преступлений, совершенных в отношении половой свободы и неприкосновенности несовершеннолетних

Introduction. The article is devoted to some problematic issues that arise in the practice of investigating crimes committed against sexual freedom and inviolability of minors (rape, sexual violence, lewd acts, sexual intercourse and other acts of sexual nature with a person under the age of sixteen). The criminalistic characteristics of crimes are given, special attention is paid to the characteristics of the offender and the victim, the methods of committing crimes, the mechanism of trace formation. Typical investigative situations that develop at the initial stage are revealed, the specifics of initiating a criminal case and organising an investigation are revealed, criminal and criminal procedure legislation is analysed. Methods. The methodological basis was the system of scientific research methods used, based on the universal dialectical method, the use of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches in the study of the personality of the offender and the victim in cases of crimes against sexual freedom and inviolability of minors and the totality of its properties and qualities as an integral object. In addition, when studying the mechanism of crime and the investigator’s search and cognitive activity, historical, formal-logical, statistical, sociological, comparativelegal, and modeling methods were used. Results. The most problematic aspects of obtaining significant criminalistic information as a result of verbal investigative actions have been identified, recommendations have been developed to overcome possible opposition from suspected defendants, as well as legal representatives of the victim; the legal positions of judicial authorities and law enforcement practice have been analysed; algorithms for the investigator’s actions in identified problematic situations have been formed. The provisions are substantiated that a minor as a subject of criminal proceedings has a number of characteristics of a demographic, socio-role and moral-psychological nature, which determine the peculiarities of perception, memorisation, analysis and reproduction of significant criminalistic information about the act committed against them. The conclusion is reasoned that special attention should be paid to the tactics of interrogation of victims, which is limited by the current criminal procedural requirements and is characterised by short-termism, one-time nature, and the list of participants. The importance of the results of this investigative action is justified by the prevalence of the results of interrogations in the evidence base for this category of crimes, because due to the postponement of the crime from the beginning of the investigation, the search for other traces, as well as the production of experimental and search investigative actions is significantly complicated.

COMPARISON OF CLINICAL AND CRIMINAL CHARACTERISTICS OF MALE AND FEMALE CASES IN THE PRISONER SERVICE FOR MURDER OR ATTEMPTED MURDER

Background: The aim of the study is to compare male and female cases who were in the prisoner service and committed murder/attempted murder in terms of clinical and criminal characteristics. Methods: Information about 101 female and 101 male cases who were admitted to the prisoner service for murder and/or attempted murder were collected through a data form as a result of examining the hospitalization files. Results: The rate of men having psychotic disorders (50.8%) was found to be higher than the rate of women (20.4%). While men's rates of having antisocial personality disorder are higher than women's rates, women's borderline personality disorder rates are significantly higher than men's rates. The rate of women's previous history of suicide (50.5%) is higher than the rate of men's history (35.6%). It was seen that the rate of women admitted to the service to be their first crime was higher (87.1%) than men (46.5%). Conclusion: It is important to take gender-based differences into account and organize personalized treatment during the forensic treatment process. More clinical research on gender differences in homicide crimes is needed.

СТАНОВЛЕНИЕ И РАЗВИТИЕ НАУЧНОЙ ШКОЛЫ «УГОЛОВНО-ПРАВОВЫЕ ОТНОШЕНИЯ И КРИМИНОЛОГИЧЕСКИЕ АСПЕКТЫ ДЕЯТЕЛЬНОСТИ УЧРЕЖДЕНИЙ И ОРГАНОВ УГОЛОВНО-ИСПОЛНИТЕЛЬНОЙ СИСТЕМЫ»

In the article, the authors refer to the period of formation of the scientific school "Criminal law relations and criminological aspects of the activities of institutions and bodies of the penal enforcement system", which was created by Soviet scientists- penitentiaries of the criminal law, criminology and the organization of crime prevention Departments of the Ryazan Higher School of the Ministry of Internal Affairs of Russia: Doctor of Law, Professor N. A. Ogurtsov; Candidate of Law, Associate Professor G. V. Drovosekov; Doctor of Law, Professor V. A. Eleonsky; Doctor of Law, Professor V. I. Guskov; Doctor of Law, Professor N. S. Artemyev. Information is briefly presented on the contribution to the development of the scientific school of each of its founders, as well as on the current heads of the scientific school – Doctor of Law, Professor K. A. Sych and Doctor of Law, Professor A. Ya. Grishko. The scientific school "Criminal law relations and criminological aspects of the activities of institutions and bodies of the penal system" is a specific form of organizing the scientific activities of employees and employees of these departments, as well as students – cadets, students, adjuncts and doctoral students. Within the framework of the scientific school's activities, the results of collective and author's scientific research devoted to the study of the theoretical foundations of the formation and differentiation of criminal liability; criminal punishment and its composition have been published; the specifics and procedure for exemption from criminal punishment; criminological characteristics of certain types of crimes; personality characteristics of criminals; legal and criminological aspects of anti-corruption activities, as well as other problems.

Личность несовершеннолетнего, совершающего убийства, как значимый элемент криминалистической характеристики преступлений

The article is devoted to the study of the personality of a minor murderer. An analysis of personality traits facilitates improvement of methods used by internal aff airs agencies to combat crime and raises the effi ciency of crime investigation. Information about the criminal's personality helps determine a suspect pool, develop a detention strategy, prevent a crime and exclude some persons from the suspect list. The criminal's personality is the key element of the criminalistic characteristics in an analysis of special aspects of murders committed by minors.

К вопросу о типичных способах совершения валютных операций по переводу денежных средств в иностранной валюте или валюте Российской Федерации на счета нерезидентов с использованием подложных документов

Russian Customs Academy The article discusses typical methods of performing currency transactions for transferring funds in foreign currency or the currency of the Russian Federation to non-resident accounts using forged documents in the context of the criminalistic characteristics of the specified corpus delicti. Within the framework of the article, the features of the methods of committing a crime are given, the analysis of the causal relationship between the features of a particular method of committing a crime and the direction of withdrawing funds abroad is carried out. In addition, the article describes the difficulties of a legal and practical nature that determine the specifics of the commission of the crime in question. The methodology of the study is determined by the use of such research methods as: statistical (when identifying methods of committing a crime and their specific weight in the array of investigative and judicial materials studied), formal-logical (when establishing causal relationships). Using the methodology, the author identifies the ways of committing a crime provided for in Article 193.1 of the Criminal Code of the Russian Federation, the main cause-and-effect relationships formed during the commission of a crime.

Digital Violence Against Women: Is There a Real Need for Special Criminalization?

Social networking and rapid digital evolution have created a brand-new framework of human behaviours and habits. Of course, the majority of them already existed over the centuries but in a different form; as a result, conventional assaults towards legal interests of specific individuals have initially transformed into electronic and then into cyber(-)crimes (p.e. from conventional pornography to internet pornography or cyber/digital pornography including sometimes even virtual pornography via pseudo images and totally AI generated pictures). When discussion comes to gender-based violence, in particular violence against women and domestic violence, we realize that abuses and violations of their fundamental human rights could take place either online or offline; furthermore, both similarities and differences in old and new behaviours, and consequently in crime formations (“actus reus”) and in perpetrators’ “modus operandi” could easily be found and categorized. This paper will not discover the causes or the elements behind the various digital abuses against women; its first purpose is to gather the various crime behaviours against women and reach some conclusions by a methodically comparative bibliographic and legislative research. Besides, tackling gender-based violence –in particular violence against women and domestic violence- consists one of the main contemporary concerns of every liberal state. CoE’s contribution to it –through Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) but even via ECHR’s case law- is indisputable. At the same time, European Union is trying to end gender-based violence through its member states with a new legal instrument (a proposed Directive on combating violence against women and domestic violence), whose results are expected to be more direct and -hopefully- more effective. The main target of this paper is to present and examine the specific form of digital crime against women and girls as long as the majority of crimes nowadays takes place digitally; notwithstanding the fact that pandemic and post pandemic era have definitely determined criminals’ modus operandi. At the end of the day, someone has to answer: how Criminal Law faces the new aforementioned behaviours, based on the fundamental theory of legal interest and leading to a justified (extra) standardization? And even more: where does this “plus” in penalties (: aggravation) for behaviours that combine characteristics of digital and gender-based criminality come from?

SIGNIFICANT ELEMENTS OF THE CRIMINALISTIC CHARACTERISTICS OF FRAUD ON THE INTERNET

This article examines such significant elements of the criminalistic characteristics of fraud on the Internet as traces; the place of fraud; the persons who committed the crime; individual technical characteristics of the crime instrument; the focus of the actions performed; difficulties in identifying the location of the completion of the crime; lack of direct contact between the victim and the perpetrator; features of the transfer of the stolen. The author notes computer and traditional traces as typical traces of modern Internet fraud, defines the place (location) of fraudulent actions on the Internet, provides possible locations, characterizes the personality of the criminal, including, based on the analysis of criminal case materials, typical characteristics of the attacker’s personality when he implements fraudulent actions are noted. The author touches upon the issues of increasing the effectiveness of the investigation of the investigated category of criminal acts, and gives recommendations on the rational organization of the investigator’s actions.

Sociodemographic, Clinical and Criminal Characteristics of Offenders Disqualified from Conscription with Antisocial Personality Disorder: A Sample from Türkiye

ABSTRACT The study examines the complex assessment of criminal culpability in individuals with ASPD, specifically regarding their ineligibility for conscription due to challenges obeying military regulations and endangering fellow soldiers. The research centers on 135 cases diagnosed with ASPD who sought exemption from conscription in Türkiye between 2018 and 2022, comparing their socio-demographic, clinical, and criminal characteristics. Significantly, individuals with severe ASPD demonstrate a correlation with increased rates of employment (p = .006), a greater frequency of planned offenses (p = .033), and a heightened frequency of criminal records (p < .001). Both groups with ASPD display self-harming tendencies, yet sASPD cases are more often subjected to exemption decisions prior to conscription (84.1%), in contrast to ASPD cases where disqualification arises primarily during conscription (59.1%) (p < .001). The rate of disqualification from conscription is greater among individuals with ASPD during service, particularly for severe cases earlier on. In both groups, younger individuals who live with their parents (p = .046) seek addiction treatment more frequently. sASPD individuals tend to have more criminal records, and exemption decisions often precede conscription. The study highlights differences between ASPD and sASPD, planned offenses, impulsivity, addiction treatment-seeking behavior, and frequency of criminal records as critical elements to consider when evaluating disqualifications for conscription in these groups.

Criminal characteristics of criminal offenses related to infection with a venereal disease

Criminal characteristics of criminal offenses related to infection with a venereal disease

Consideration of socially significant personality traits of a convicted person in the organization of the process of penitentiary prevention

The problem of the recidivism of punishment in the form of imprisonment, traditionally refers to the most pressing problems of social science. This is due to the fact that being isolated from society, the convict is forced to integrate into the social education that has been formed in places of deprivation of liberty. The specific relationships that exist among convicts in the penitentiary society also leave a certain imprint on the nature of those relationships that are considered acceptable in this environment. The administration of correctional institutions is forced to take into account the system of informal relations that has developed among convicts in order to implement penitentiary practices necessary for the correction of convicts. For many decades, a system of qualitative assessment of the personality of convicts serving sentences of imprisonment has been formed. The article notes that there is a rather unhealthy practice of focusing on the criminal characteristics of the convict's personality, which began to influence the shift in emphasis in the application of penitentiary practices from correction to punishment. This is most clearly seen in the institute of preventive accounting used in correctional institutions. The Administration is making efforts to identify negative personality traits in convicts in order to use them in determining priorities in the application of penitentiary practices. The authors propose to consider such an approach as hindering the effective use of penitentiary prevention. As a result, the article proposes to shift the focus in the activities of the correctional institution administration to socially significant personality traits of the convicted person in order to correctly determine priorities in the process of penitentiary prevention.

Water thieves

The use of tropes is a defining feature of resource regulation and is fundamental to both the way legal theories have evolved and to the practical, localized interpretations and implementations of law. This article offers a discursive study of the "water thief" trope in order to clarify the ways in which language users are able to perform and construe broader notions about individual and communal rights to water. I underline the palpable shift from a conventional law-based account of theft to a logic incorporating key characteristics of criminality and immorality. The study builds on critical discourse analysis to show how the water thief trope creates a new water world in which "water thieves," although technically not criminals under formal law, are created and made to matter.

Mathematical Representatives in Forensic Methods of Crime Investigation

Criminologists created a doctrine about the forensic characteristics of a type of crime (about typical models of crime mechanisms) in order to improve criminal proceedings, optimize the forensic methodology for investigating crimes, and suggested the existence of correlations between the various components of the criminalistic characteristics of a crime. At the same time, modern criminology, with its intradisciplinary means, cannot confidently confirm the existence of these correlations. It has no means to calculate the volume of typified characteristics of the elements of the crime, which will be sufficient to put forward all possible investigative versions. Forensic science currently does not have the ability to use typified characteristics of elements of a crime to build a sequence of typical investigative leads according to the principle “from the more probable to the less probable” (or vice versa). Since these problems cannot be solved by modern intradisciplinary means of criminology, scientific society should look for the way to solve these problems other areas of scientific knowledge. Firstly, we should determine the fundamental foundations of forensic characteristics, taking into account the nonlinearity of modern science, the fundamentals of information theory, and apply systematic approach. The we can logically determine ways to study forensic characteristics and ways to improve forensic methods for investigating crimes. The comparison of synergetic systems and forensic characteristics of a crime, taking into account the fundamentals of information theory, reveals the synergetic essence of forensic characteristics. Synergetic systems can be researched using mathematical representatives. The possibilities of researching synergetic systems using mathematical methods are also applicable to the forensic characteristics of a type of crime. Thus, we can try to solve the above problems and optimize the process of preliminary investigation at the pre-trial stage of criminal proceedings applying mathematical representatives to the forensic characteristics of the crime.

Methods of investigating hooliganism

The article examines the peculiarities of hooliganism investigation methods at the current stage of the development of criminology. Based on the study of statistical data, a conclusion was formulated about the effectiveness of modern methods of investigation of this offense, since in recent years there has been a tendency to decrease their number. It has been found that the methodology consists of three components: forensic characteristics, typical investigative situations and investigative versions, the algorithm for conducting investigative investigative actions in one or another situation, and each of them is analyzed in the context of the investigation of hooliganism itself. Attention is drawn to the fact that, from the point of view of criminalistic characteristics, hooliganism is in most cases committed by men, during leisure time without prior preparation through cynical body movements combined with obscene swearing, public exposure of body parts, creating noise and disturbing the peace of citizens. It has been found that the set of actions used at the postal stage of the investigation of hooliganism depends on many factors, which in turn make up investigative situations, which are distinguished by four, which depend on the completion of the act, the arrest of the violator and other circumstances. Each of the investigative situations was analyzed and it was emphasized that the most typical investigative search actions, which are carried out in most cases, are the inspection of the scene of the incident and interrogation, and in some cases, presentation for identification, an investigative experiment, and conducting examinations may be carried out. The study of each of them showed that in the process of investigating hooliganism, each of them has its own characteristics, which are related to the specifics of this offense. In view of the predominant perpetration of hooliganism in the evening and night time, it was concluded that currently, in the conditions of martial law, when the curfew has been introduced, the time during which these acts are most often committed has been reduced, which is one of the reasons for the decrease in their number. On the basis of the conducted research, a conclusion was formulated about the importance of conducting further research into the peculiarities of the investigation of certain categories of criminal offenses.

Features of criminal characteristics of crimes in the sphere of intellectual property

The article is devoted to the peculiarities of the forensic characteristics of crimes in the field of intellectual property. It is noted that the Constitution of our country guarantees every citizen the right to the results of his intellectual and creative activity; no one can use or distribute them without his consent, with exceptions established by law. However, criminals violate this right and commit corresponding criminal offenses, the responsibility for which is provided for by Articles 176, 177, 203-1, 229 of the Criminal Code of Ukraine. At the same time, the formulation of the forensic characteristics of any criminal offense is an important stage of its proof, as it allows not only to determine the circumstances that need to be established, but also to draw up a further investigation plan and tactics for conducting investigative (search) actions.&#x0D; It was concluded that the forensic characteristics of criminal offenses in the field of intellectual property include: the method of committing the crime, the object of the criminal offense, the identity of the criminal and typical traces of the crime.&#x0D; The criminal’s choice of the subject of the criminal offense is determined, first of all, by the level of his education, the presence of certain professional skills and knowledge necessary for the implementation of the plan, and the technical side of the issue. All this is especially true for crimes related to copyright infringement in the field of distribution of audio and video products and computer information. Because a person who does not have certain special skills and education is not able to develop a crime plan and implement it. In addition, the criminal must first have access to the object of criminal trespass, and therefore know the technical features of its carrier and the organization of the work of the relevant enterprises, corporations, companies, firms and the like, in whose custody a certain desired work is located.&#x0D; It has been established that the typical traces of these crimes are characterized by certain features in the process of trace creation, namely: their commission is mostly disguised as ordinary economic transactions; the tools used to commit them are significantly different from those used to commit other crimes; traces usually remain in various accounting, management or technological documents; the very objects of the criminal offense can be used within the framework of legitimate economic transactions.

Separate elements of the criminal characteristics of criminal offenses related to illegal drug trafficking

The article is devoted to certain elements of the forensic characteristics of criminal offenses related to illegal drug trafficking. It is noted that over the past 2 years, the number of criminal offenses investigated by us has significantly increased, which requires science and practice to develop new approaches to pre- trial investigation, including forensic characterization. The main elements of the forensic characterization of criminal offenses related to drug trafficking will be: the method of the crime, the object of the criminal offense, the identity of the criminal and typical traces.&#x0D; It has been established that the methods of committing these criminal offenses include: movement of narcotic drugs, psychotropic substances, their analogues or precursors across the customs border of Ukraine outside of customs control or with concealment from customs control; the use of funds obtained from the illegal circulation of narcotic drugs, psychotropic substances, their analogues, precursors, poisonous or potent substances or poisonous or potent medicines for the purpose of continuing the illegal circulation of narcotic drugs, psychotropic substances, their analogues, precursors, poisonous or potent substances or poisonous or strong medicines; illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues; appropriation, extortion, narcotics, psychotropic substances; illegal sowing or cultivation of hypnotic poppy; illegal introduction of narcotic drugs, psychotropic substances or their analogues into the body; tendency to use narcotic drugs, psychotropic substances or their analogues, etc.&#x0D; It was concluded that groups of traces of drug production, storage, consumption, and others allow for differentiated examination and effective response to various aspects of drug crime. And the detection of equipment, process materials, final product and other elements related to the manufacture of drugs becomes an important step in uncovering and stopping the activities of drug traffickers. Some traces, such as odor and microparticles, can remain with artisanal production, providing additional opportunities for detection and apprehension of criminals.

Criminalistic Characteristics of Organized Forms of Fraud

The article presents the criminalistic characteristics of organized forms of fraud. The author’s own definition of organized forms of fraud is presented, the elements of criminalistic characteristics are described, the structure of organized groups is given, and the personal characteristics of a participant in such a group are defined. The novelty of the article’s topic consists in viewing the problem through the prism of the author’s analysis of his own law enforcement experience and research publications. It is an attempt to present not just a standard criminalistics description of such crimes, but also to define different relevant organized forms of fraud from the standpoint of the elements of committing them. The goal of the publication is to single out the specifics of the criminalistic characteristics of organized forms of fraud. The author uses the normative legal regulation analysis, the formal legal and the comparative legal method. The theory and law enforcement practice allowed the author to identify key elements of the criminalistic characteristics of the crimes under consideration, to single out ten methods of the organized forms of fraud, to identify five typical groups of persons who commit such crimes, and to describe the diversity structure of organized groups.

Organised forms of online fraud: types, content and elements of forensic characteristics

The use of modern technology by fraudsters to cheat citizens has become one of the attributes of nowadays: organised forms of online fraud have emerged. Insufficient attention is paid to this topic in the scientific literature. The authors of this study have attempted to systematise the forms of organised online fraud and outline its structural elements. This article is the first one in a cycle of three articles devoted to this topic. The authors identify the most typical types of organised forms of online fraud from the vast array of fraud manifestations and analyse the specifics of their criminalistic characteristics. Types of online fraud organised forms are systematised in the study; their characterological features and mechanisms of achieving the criminal result are highlighted. On the basis of theory and law enforcement practice, online fraud organised forms’ key types are identified with some of these crimes’ criminalistic typisation characterised.

Правоприменительная практика по делам о хищениях бюджетных средств как источник информации о личности преступника и иных элементах криминалистической характеристики

The author considers the current features of the study of law enforcement practice in cases of embezzlement of budgetary funds. The analysis of the most effective research tools is presented, namely, the method of interviewing practitioners and the method of expert assessments. As an illustration of the application of these methods, the research process of studying the identity of a criminal as an element of criminalistic characteristics in cases of such a type of embezzlement of budgetary funds as fraud with maternity capital is analyzed. The paper substantiates the need for a criminologist-developer to study the materials of pre-investigation inspections, as well as the priority of identifying and investigating the most socially dangerous, highly organized embezzlement, with a corruption component. Criminology as a science should direct its main efforts to the development of methods of investigation of such crimes.