Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Криміналістика 65 друк новий 271 282 Завантажень: 16, розмiр: 282.8 KB

DOI: https://doi.org/10.33994/kndise.2020.65.26

S. Tomyn, О. Lyshak

The article deals with the concepts and preventive value of the forensic characteristics of the personality of the offender. It is proved that the establishment in the process of investigation of the causes and conditions for the commission of criminal offenses is one of the most important areas for their prevention.

The author claims that from a criminalistics point of view, the causes and conditions for committing crimes are divided into: a) circumstances related to the identity of the offender. Their attribution to the circumstances that contributed to the commission of the crime is due to the properties of the person guilty of the crime (unfavorable conditions for the formation of the person, the situation in the family, in the work collective, etc.) b) circumstances that exist independently of the person who committed the crime. Their attribution to the circumstances that contributed to the commission of the crime is inseparably connected with the establishment of the circumstances of the crime (flaws in the protection of property, proper accounting of inventory, etc.) If the second group of circumstances is objectively existing, then the first is closely related to the personality of the offender.

Given the above, the article notes the importance for solving the tasks of forensic prevention of investigating the identity of the offender within the forensic characteristics of a particular criminal offense.

The personality structure of the criminal in the article is considered as a system of relatively independent substructures of a social and psychological nature.

The social substructure consists of the following elements: a person’s place in the system of social relations, his social roles, and areas of activity. It embraces its properties that reveal relationships in various areas of public life.

The psychological properties in the structure of the suspect’s personality include: the orientation of the personality (its selective attitude to reality), which includes various mental properties, needs, interests, motives, feelings, likes and dislikes, ideals and worldview; human abilities, his mental capabilities; the dynamics of mental processes – temperament, character, style of behavior, in which the content and form of a person’s spiritual life is manifested, that is, a system of intellectual and emotional qualities; self-identity of the person exercising selfregulation; mental processes and conditions.

The disclosure of precisely these elements in the structure of the criminal’s personality, in the opinion of the actor, allows us to solve the following problems: 1) the possible tactical impact on the suspect (accused), including with the aim of preventing him from committing crimes in the future 2) accumulation and analysis of forensic information on the circumstances that contributed to the commission of the crime.

Key words: forensic characteristics, the identity of the offender, forensic prevention, criminal offenses.