70 2. CRIMINOLOGICAL INDUSTRY

FAMILY CRIMINOLOGY

UDC 343.9 BBK 67.51

A.G. Filimonova*

REGIONAL FEATURES OF SOCIO-ECONOMIC AND DEMOGRAPHIC PROCESSES AS CRIMINOGENIC FACTORS OF THE SEED SPHERE

Squeeze: Internal discord in the family can lead to violence against children and elderly parents, to commit juvenile delinquency, child homelessness.

Keywords: criminogenic factors family sphere; juvenile crimes; Kemerovo region.

REGIONAL PECULIARITIES OF SOCIAL, ECONOMIC AND DEMOGRAPHIC PROCESSES AS CRIMINOGENIC FACTORS OF FAMILY SPHERE

Summary: Family discord can lead to child and elder abuse, juvenile crime, child homelessness.

Key words: criminogenic factors of family sphere; juvenile crime; Kemerovo region.

In the complex interaction of circumstances and processes that give rise to crime, negative components play a significant role. family relations. Intertwined in a certain way with each other, as well as with other criminogenic determinants, they determine the commission of crimes.1

Internal discord in the family can lead to violence against children, elderly parents, often leads to the commission of offenses by minors, child homelessness. In turn, the family is connected with the macrostructure of society, with the main laws of its development.2

* Anargul Grigorievna Filimonova - Adjunct of the Department of Criminology, St. Petersburg University of the Ministry of Internal Affairs of Russia (St. Petersburg, Russia). Email: [email protected].

1 Shestakov D.A. Family Criminology: Criminology. - St. Petersburg: R Aslanov Publishing House "Legal Center Press", 2GG3. - S. 117.

2 Shestakov D.A. Family Criminology: Criminology. - S. 122.

Criminology

With the beginning of the reforms of the 90s of the twentieth century, the indicators of the development of the Kemerovo region are characterized by aggravated negative trends. According to the Civil Registry Office for the Kemerovo Region, in the first 9 months of 2011, 18,269 weddings took place in Kuzbass, and 10,927 couples divorced. That is, out of 100 marriages, 60 break up. This is a long-term average for the Kemerovo region, which has been ranked 3rd in Siberia in terms of the number of divorces for several years by the end of the year. Except common causes of this phenomenon, the specific, characteristic for the Kemerovo region, include the employment of heads of families in the raw materials, extractive industries of the economy.

Despite the fact that in recent years there has been a high increase in the birth rate, over the past 15 years the birth rate has generally been lower than the average for Russia. The out-of-wedlock birth rate is on the rise. Quite often in our time, children born out of wedlock are abandoned by their mothers. In 2009, 138 babies were left in the region's maternity hospitals. Bo-

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More than 80% of the children left behind were born out of wedlock.

In practice, the facts of committing infanticides are not uncommon. For example, T.S. Semisotova, who does not have her own housing, is registered in the territory Russian Federation and permanent residence, after parting with his roommate Shevyakov M.G. remained to live in Novokuznetsk, Kemerovo Region, in rented housing with her young daughter, Yu.M. Semisotova, born on May 30, 2010. As a result of a personal enmity towards her young daughter, she killed her by drowning her in a tank of water.

The problems of intra-family violent crimes or, as it has become fashionable to write in recent years at the suggestion of the feminist trend, the problems of “domestic violence” in Russian family criminology are among the most developed.4 Infanticide continues to be one of the most common types of female violent crimes. Taking into account their high latency, it is enough a large share in the structure of committed murders.5 Similar facts of commission of crimes by O.V. Lukichev substantiates that the determining factor in the characterization of infanticide is the condition of a woman, in which her ability to reason and evaluate her actions is weakened. This state of the subject is characterized by emotional stress; nervous shock; traumatic neurosis; a reactive state that arose under the influence of traumatic experiences, an affective experience.6

3 See Archive of the Kemerovo Regional Court for 2012, Criminal Case No. 2-71/12.

4 Shestakov D.A. On one of the aspects of the criminogenic situation // Bulletin of Leningrad State University, 1976. - No. 11. - P. 116-121; his: Introduction to the criminology of family relations. - L., Leningrad State University, 1980. Kharlamov V.S. Opposition to intrafamily violent crime police units. - St. Petersburg, 2007.

5 Lukichev O.V. Criminal law and criminological characteristics of infanticide: author. dis. ... doc. legal Sciences. - St. Petersburg, 1997. - S. 10.

6 Lukichev O.V. Criminal-legal and criminological characteristics of infanticide. - S. 11.

The death rate of the population of working age in the Kemerovo region on average exceeds the average Russian data by 1.5 times. The explanation for this may be more difficult working conditions (unfavorable climate conditions): work in the extractive industry is associated with a high degree occupational injuries (man-made accidents and disasters can also be included there), work in mines is always associated with a high probability of developing occupational diseases leading to early disability and death. It is also necessary to take into account the presence of a large number of marginalized elements, homeless people, alcoholics, drug addicts. The death rate of the population of working age entails the spread of orphanhood and the number of single-parent families, the level of income in which, due to the loss of a breadwinner, drops sharply. Thus, conditions are formed for increasing the scale of neglect and juvenile delinquency.

The problem of the regional labor market is also important, which is largely structural in nature: in the presence of unemployment, the regional economy in some specialties and skill levels is experiencing a shortage of personnel. The phenomenon of unemployment, the imbalance of the labor market have an adverse impact on social status population of the Kemerovo region. Under these conditions, not only the unemployed themselves, but also their family members are vulnerable.

In such a life situation, underage children of adolescence are especially prone to commit illegal acts, use alcohol and drugs, leave home, vagrancy, in turn, their unemployed parents, being in a state of constant stress, are much more likely to use "physical measures of education", such like beatings, beatings, intimidation with gestures, slaps, etc.

The well-being of children is directly determined by the presence of necessary conditions for their upbringing and development in the family. The main part of the adult population

72 2. CRIMINOLOGICAL INDUSTRY

Governments, including women with minor children, are forced to work full-time, earn extra money in their free time from their main type of employment. As a result, adults spend less time with their families, pay insufficient attention to children, which creates favorable conditions for the latter to aimlessly spend time, and ultimately

account leads to the commission of illegal actions.

The features of the above socio-demographic processes taking place in the Kemerovo region do not contribute to the strengthening of family relations, have a negative impact on minors, contribute to the commission of such crimes as theft, hooliganism, murder and others.

Crininology

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Source: Electronic catalog of the branch department in the direction of "Jurisprudence"
(Libraries of the Faculty of Law) of the Scientific Library. M. Gorky St. Petersburg State University

AR
Sh514 Shestakov, D. A. (Dmitry Anatolyevich).
Conflict family situation as a criminogenic factor:
Abstract of the dissertation for the degree
candidate of legal sciences. Specialty № 12.00.07 -
Criminology /D. A. Shestakov; Scientific hands I. G. Filanovsky
; Ministry of Higher and Secondary Specialized Education
RSFSR. Moscow State University M.V.
Lomonosov. Faculty of Law. -M., 1977. -24 p.-
Bibliography : With. 24.2. links Material(s):

Conflict family situation as a criminogenic factor.
Shestakov, D. A.

Shestakov, D. A.

Conflict family situation as a criminogenic factor: dissertation abstract for the degree of candidate of legal sciences

The significance of the criminological study of the family in modern conditions is determined by two circumstances. On the one hand, as noted in the sociological literature, family relations are currently undergoing a rapid and sharp restructuring, which is accompanied by complications in family communication. The latter is expressed in the breakup of families, an increase in divorces, and a decrease in the birth rate.

In criminology, family trouble is recognized as a significant factor in the negative formation of the offender's personality. Criminal statistics and criminological studies show that a significant part of crimes now has a family and domestic character. About 70% of intentional murders, 60% of intentional bodily harm and 50% of hooligan manifestations are either directly directed against family members or stem from a conflict caused by the family's communications with the immediate household environment.

Based on the desire for a deeper study of the issue, only one of the aspects of family problems in criminology is studied in the dissertation: the situation of committing an intentional murder against a family member. The special significance of this area of research is determined by the increased public danger of acts of this type. At the same time, murders of members of one's own family are still relatively common. According to our data, in 1972-1974 in Leningrad they accounted for 39% of all intentional murders.

In criminological terms, an important role is played by determining the nature of the closest connection of antisocial behavior

with family troubles, as well as its long-term connection with social factors that determine the conflict nature of these families. Criminological research in the field of family relations serves the purpose of identifying and then neutralizing the factors that cause family conflicts that lead to the commission of a crime. The ultimate goal of development preventive measures in this area is to improve family relations to a level at which the possibility of committing crimes against family members will be reduced to a minimum.

Guided by the dialectical-materialist theory of Marxism-Leninism as the main method of cognition of objective laws, the author applied a systematic approach to understanding family relations, analytical and statistical methods in his work as general methods.

The dissertation is based on a continuous study of premeditated murders and attempted premeditated murders of family members that took place in Leningrad in 1972, 1973 and in the first half of 1974.

During the study, two special methods were used: documentary and interviewing. Two stages of the study corresponded to these methods: the study of criminal cases and the interviewing of convicts.

The study of criminal cases was carried out on the basis of a specially designed questionnaire, which has four sections related to the nature of the crime committed, the identity of the offender, the personality of the victim and the characteristics of the criminogenic situation.

The interviews of convicts were carried out in correctional labor institutions of Leningrad and the Leningrad region, using a formalized interview. The convicts found out the material conditions and composition of the family, the duration of its existence before the commission of the crime. The subjects were asked about their orientations on the most important issues. family life. Separately, it was specified how these issues were resolved in the reality of family life. Respondents were asked to characterize certain aspects of their family relations in relation to various stages of their life together with the victim.

The fact that some of the questions clarified through interviews were duplicated by the materials of criminal cases made it possible to control the reliability of these interviews.

Since the object of study was the murders committed only in Leningrad, this work the author considers it as a monographic description of the named research. The quantitative conclusions contained in the dissertation are relevant only to Leningrad. At the same time, bearing in mind the reliability of the monographic approach, which implies a broad consideration of the published materials of other related studies, the dissertation believes that qualitative interpretations, with certain reservations, can be extended to similar large industrial cities, excluding, of course, those that are located in specific regions. conditions:

national, territorial, etc.

In domestic criminology, the study of family relations

in relation to modern trends in their development is just beginning. In the criminological literature, two aspects of family relations were reflected: relations in the family of a minor offender (G.K. Minkovsky, P.P. Grabovskaya, L.A. Alemaskits, V.D. Ermakov, N.V. and the so-called feudal-bai attitude towards women as a basis for committing crimes in certain areas (Kh. Amanov, A.I. Baramia, A. Avakyan).

In addition, family issues were touched upon to some extent by some authors in connection with the study of such problems as domestic crime (V. Bykov, G. A. Panfilov, G. A. Romanov), the role of the victim in the commission of a crime (L. V. Frank, D. V. Rivman, S. B. Soboleva) and women’s crime (V. A. Serebryakova, M. N. Golodnyak).

The listed range of issues does not exhaust all family problems, which should be in the field of view of criminology. In the life of any offender, as well as any person in general, family relations play a very important role, they influence the choice of a line of behavior by an individual, but the adoption of specific decisions by him. An analysis of the family relations of persons guilty of committing various crimes, even those not directly related to intra-family interaction, provides certain opportunities both to identify criminogenic factors and sources - a positive or neutralizing effect on the subject.

The problem of a conflict family situation as a criminogenic factor in murder is singled out as the subject of a dissertation.

research study for the first time.

The result of this study was the development of a system of crime prevention measures on the basis of family conflicts: general measures aimed at eliminating pits, neutralizing the action of criminogenic factors at the macro level and special measures aimed at preventing crimes in specific dysfunctional families. The conclusions of the dissertation were discussed with the leadership of the Leningrad city court and the city prosecutor's office. The information obtained in the course of the dissertation research is included in the curriculum of the prosecutor's staff of Leningrad. On the topic of the dissertation, its author prepared a special course for reading at the Faculty of Law of Leningrad University.

The dissertation consists of an introduction, three chapters and a conclusion.

CHAPTER FIRST. GENERAL CHARACTERISTICS OF THE CONFLICT FAMILY SITUATION AS A CRIMINOGENIC FACTOR.

The criminogenic family situation is understood in the dissertation as a combination of objective and subjective circumstances of a person's family life, expressed in the aggravation of certain family contradictions to the point of conflict, which one of the family members, due to their specific personal characteristics, resolves by criminal means.

With regard to the subject of research, the criminogenic situation is rooted directly in family relationships. The content of the situation is seen in the contradictions that cause these family conflicts. Based on the fact that contradictions leading to conflicts is an extreme

expression of the contradictions inherent in the modern family in general, it seems necessary to the author to analyze the latter in terms of identifying factors that, under certain circumstances, may have a criminogenic value.

The Marxist theory of the family considers it as an integral part of the modern social system. The family has the characteristics of both an institution and a group. Society influences the canopy, forming a certain type of it, and the family, in turn, has the opposite effect on social institutions, processes, relationships.

In accordance with this approach, it can be considered that the contradictions observed in specific families that are of interest to criminology are the refraction of certain trends developing at the macro level. First of all, this refers to changes in the relationship between men and women.

In studying the macro-situation, last but not least, it is necessary to take into account the presence in the public consciousness of diverging and, in particular, opposing views on various important issues of family life and gender relations. In the study of the microsituation, the emphasis is on considering the gangs in which the crimes were committed as small social groups.

As a result of clarification of the conceptual apparatus adopted in familistics, it was revealed that it is impossible to use in criminology the definitions of the family that have been established in other disciplines. There was a need to introduce a special understanding of family relations, acceptable for criminological purposes.

In accordance with the objectives of this study, the family is interpreted in it as a small group of people whose interaction is due to legal or arctic - marriage or kinship relations.

Critically examining the judgments expressed in the literature, the author reveals the content of the phenomena of family trouble, social disorganization of the family, family conflict, psychological incompatibility of spouses, etc.

The basis of the general classification of criminogenic family situations in the work is the type of intra-family relationship (marriage, kinship, property), along the line of which a conflict arose that caused the crime. A comparative study of crimes committed against spouses, parents, children, allows us to identify common and specific features inherent in certain types of crimes.

A comparison of the value orientations of criminals and victims confirmed the initially put forward hypothesis that a significant source of family conflict about criminal consequences is the presence of conflicting family members with opposite orientations on significant issues of family life.

Among the basis of the conflicts that led to the crime, two main groups are distinguished: the contradictions of intra-family communication and the contradictions caused by external communications.

The "external" contradictions of the spouses reflect the desire for autonomy, manifested in the upholding of the right to a private life separate from the marriage partner.

For marital relations, not only the present of the partner is important, but also his past. At the same time, the model of behavior in premarital life is not the same for men and women. According to the study, the actual situation with the partner's premarital behavior brought certain disappointments to the criminals.

The most profound conflicts that arose on the basis of adultery. Almost a third of the husbands convicted of murdering their wife, counting on the fidelity of their spouse, suffered from her infidelity. Moreover, 15% of the same group of respondents had reason to doubt their wife's behavior. About half of the crimes against wives were a reaction to their systematic infidelity. Single betrayals preceded the murder almost 4 times less often.

Criminals, in principle, were inclined to be more tolerant of their husbands' infidelities. Only 55% of women convicted of murdering their husbands turned out to be categorically opposed to male infidelity.

One third of aggrieved husbands cheated on their wives. 21% of convicted wives reported that they were indifferent to their husband's extramarital affairs or allowed them under exceptional circumstances. However, there are no grounds to speak with confidence about the character of the remaining 12% of male infidelities provoking crime, provided that 24% of the respondents kept silent about their orientation towards the model of behavior of a married man.

According to the study, the struggle between spouses for title had a considerable influence on intra-family contradictions.

crown. At present, the family is undergoing a change in the relationship of its members, a clear distribution of roles is disappearing. These trends are due to the emancipation of women, as a result of which the latter acquire equal rights with men and lose some privileges. Both sides of this democratic process do not always take place against the resistance of the representatives of the interested sex.

When comparing the orientation of the spouses to leadership with reality, the following is revealed. At the time of the crime, 60% of male offenders were not satisfied with their role in the system of marital relations. Infringement of male authority contributes to the commission of a crime. At the same time, among a certain part of female criminals, on the contrary, the reality in this matter is higher than expected. 16% of women who allowed male leadership in family relationships practically dominated the family or shared leadership with their husband. Thus, the study of the value orientations of criminals and victims of crimes committed on the basis of a conflict family situation also made it possible to establish some of the needs of spouses, whose dissatisfaction in family life leads to conflicts that caused the crime. In descending order of prevalence, and, therefore, significance, the identified criminogenic factors of this kind can be arranged as follows.

responsibilities (25%); wife's drunkenness (22%); dissatisfaction with housing conditions (11%); the sole decision of the wife on the issue of the birth of a child (11%); the presence of premarital intimate relationships with the wife (10%).

Murders of husbands: insufficient security on the part of the husband with money (75%); drunkenness of the husband (44%) and housing disorder (28%); the preponderance of the wife's salary over the husband's salary (22%); divergence of spouses' views on the distribution of household duties (19%); lack of strong-willed qualities of the husband (5 - 16%).

CHAPTER TWO. SOCIAL MECHANISM OF CRIMINAL BEHAVIOR ON THE SOIL OF CONFLICT FAMILY SITUATION.

Identification of the sources of family conflicts served as a prerequisite for the transition to the consideration of the dynamic aspect of the mechanism for the development of these conflicts and the commission of a crime on their basis.

Family relationships are cyclical: positive phase - deterioration - negative phase - improvement - positive phase. The very development of family conflict has its own patterns, occurs in historically established forms. The systemic approach gives the key to understanding intra-family management, which is consciously or spontaneously carried out during a conflict.

The family is a system. It is characterized by systemic patterns studied by the science of information, management

leniya. "In a crime in the sphere of family and domestic relations, the victim and the offender are largely united by the content and nature of the conflict situation."

The analysis of the situation of marital murder is based in the dissertation on the premise that any married couple consists of a leading and a driven element, between which there is a direct and Feedback. The aspirations of the spouses are divided into centripetal, strengthening the system, and centrifugal. Periodically, a conflict situation develops in the family, breaking the balance between those and other aspirations. In management, we are always fighting against the tendency to disrupt the organized and destroy the meaningful. Management, including within a family conflict, is carried out by transferring information between spouses. At the moment of aggravation of contradictions, traumatic information is transmitted, which was held back by partners in the positive phase.

In the studied criminal situations, information, as a rule, concerned the extramarital and premarital sexual life of a husband and wife, money issues, relationships with partners' parents, etc., in other words, the family contradictions noted above. The exchange of information in the conflict phase takes on a regenerative character. The orderliness of the existing system is broken. Measure of disorganization adopted

call entropy. Management during the period of conflict characterizes the desire of family members to reorganize the system of relations in accordance with their ideas.

In the mechanism of the development of marital conflict, the emotional sphere of the family is essential. The feelings of the spouses not only create the emotional background of the quarrel, but often directly affect the transformation of the motives of the conflict into the motives of the crime.

Describing the emotional connection of the spouses, the dissertation proceeds from two characteristics: 1) the ratio of the individual's self-esteem with his assessment of the personality of a love partner, meaning the assessment of those qualities that play a role in the process of communication between the sexes; 2) the ratio of the directions of the initiatives of the spouses. The negative feedback between the orientation of the initiative of love partners and its result is explained by the systemic quality of love-marital relations, the functioning of the general mechanism of counteracting the destruction of the system.

The chapter provides a description of the historically established methods of intra-family management, among which the methods of strength, weakness and disorganization are distinguished as playing a role in the maturation of a crime on the basis of family trouble.

Consideration of the dynamic aspect of the development of marital conflicts with criminogenic consequences leads the dissertator to the conclusion that these conflicts are ultimately associated either with the desire to take leading position in the system of marital relations - or with the desire for autonomy from the family.

Corresponding to this brood are data on the motives for spousal murders.

According to the qualification judiciary, in the cases of premeditated murders studied by us, only two motives of criminal law significance were noted: hooligan motives - 8% and mercenary motives - 2% (of all cases studied). But "to prevent crime, it is important not only to establish the motives for certain criminal acts, but also to trace the motivation of behavior in the genesis ...". The criminological characteristic of motivation makes it possible to understand more deeply the reasons for the formation of a crime.

The motives for spousal murders in this study are shown in the following table.

Motive for spousal murder	Murder
Motive for spousal murder
Striving for leadership
The desire to get rid of worries, end the relationship

The desire to prevent the departure of a partner
Jealousy

The result of the table turned out to be more than 100%. This is explained by the fact that in a number of cases the subject is pushed to commit a crime not by one, but by two or more motives.

The desire for leadership, the thesis notes, is not always realized by the subject if, due to emotional arousal, the communication of traumatic information in the course of the development of a quarrel between the spouses becomes an end in itself. The conflict is often based on opposing interests, orientations, orientations of the spouses. And in essence, regardless of the area in which the conflict arose (financial issue, household chores, alcohol abuse, attitude towards marital fidelity, etc.), the parties strive at all costs to defend their own position, to establish themselves in a certain role .

Negative forms of self-affirmation in relation to crimes in the family are very often combined with hooligan motivation. The latter is determined by "such traditions in the public mind as drunkenness, negative family and household remnants, parasitism."

The desire to get rid of worries about the spouse, to terminate family relations appears as a reaction to the revealed psychological incompatibility of the husband and wife, when the behavior of the victim does not satisfy the subject's ideas about the permissible explanation of the spouse. Research materials testify

indicate that this motive often stems from a conflict on the basis of the victim's drunkenness, less often it is associated with the latter's illness, unsatisfactory performance of household duties, and his position on the financial issue.

The dissertation adheres to the traditional point of view, considering revenge as an act of retribution, causing evil for evil. Revenge is based on resentment, the content of which is associated with any specific, most often unjustified actions of the victim. Revenge is always subject. It is purely personal in nature and acts as retribution for the offense.

The desire to prevent the partner from leaving, which is the basis of spousal murder, is indicative of a criminogenic family situation, characterized by a clear division of spouses into "leader" and "follower", when the conflict between them arises in the plane of the struggle for autonomy. The leading spouse seeks to win the right to lack control over his personal life apart from the family, often this is due to adultery or with the intention to create conditions for it.

"Guided" spouse, usually characterized by weak character

with a tendency to reflect, - by persuasion, threats, etc. tries to maintain relations. The desire to keep the "escaping" marriage partner is activated by the action of the general mechanism of the system's resistance to its destruction. When all means are exhausted, and it is not possible to keep the partner, then the “slave” spouse commits a crime in order to prevent the partner from leaving.

Analyzing the significance of jealousy in the development of a criminal situation, the dissertation enters into a debate about the authors who deny the possibility of committing a murder out of jealousy on the grounds that jealousy is only a prerequisite for the emergence of the revenge motive. 3 dissertations argue the point of view, according to which, along with jealousy, which develops into revenge, jealousy in its pure form can act as a motive for a crime. The latter takes place in a situation where the fact of infidelity has not been established, and the subject is stimulated to commit a crime not by confidence, but only by doubts about the fidelity of the spouse.

Further, the work highlights the specifics of crimes committed by parents against children and by children against parents. Special meaning in relations between the older and younger generations, it is given to periods associated with the redistribution of social roles in the family, primarily meaning the stay of "children" in adolescence and the adaptation of young spouses in living together with the parents of one of them.

The chapter gives avali» of various definitions of the social role and offers its own definition.

The self-assertion of young spouses in new social roles is probably even more intense than the usual assertion of grown-up children. Indirectly, this is evidenced by the data on the age of the killers. So the age of persons convicted of murdering their own parents is in the range of 16-27 years, and 16% of this subgroup are 16-19 year old criminals, and the remaining 74% are persons who are 22-27 years old. Often, relations between older and younger become aggravated due to the additional burdens that arise after the birth of a child.

The prevalence of motives, but by which crimes against parents are committed, in descending order can be represented as follows: revenge, self-affirmation, the desire to end relationships, self-interest, the projection of hostile emotions caused by another family member, creating conditions for resuming relations with a spouse, improving living conditions.

The study of infanticide is a very urgent task due to their significant prevalence among other types of murders on family grounds (second place after spousal murders), and also due to the possible latency of some of them.

When in the legal literature they speak of infanticide, they usually mean the unlawful deprivation of life by a mother of her newborn child during or immediately after childbirth. In this paper, the concept of infanticide is interpreted

more broadly, it includes all cases of intentional homicide committed by parents against children, regardless of the age of the latter, and this includes both the offender's own children and the children of his spouse. It is natural that the infanticides committed by fathers are essentially different from those of mothers.

The conflict between father and son, which leads to crime, is characterized by "non-specialization", it often stems from a conflict with other family members, a wife or daughter-in-law, when the son does not take the father's side. In a criminal act against a son, the parent's dislike for his wife or daughter-in-law is partly projected. 22% of all infanticides committed by fathers were the simultaneous murders of two persons: wife and son.

In 44% of cases in this subgroup, the crime was preceded by a situation where big family was faced with the need to separate parents from their children who had married.

A detailed consideration of personality traits that create the prerequisites for family conflict, direct and reverse interaction of family members within the family system - all this made it possible to describe in this work a model of a criminogenic family situation.

The proposed model of a typical family situation leading to the commission of a crime against a spouse includes three interacting components: I) exacerbation of marital contradictions; 2) intense emotional connection between the spouses; 3) violation of the balance between the centripetal and centrifugal aspirations of the spouses.

The conflict of spouses, which affects the core of the family - marital relations - is indicative of the situation of both marital murder and the murders of other family members; In the second case, the conflict is further complicated by the aggravation of relations between the older and younger generations of the family or the birth of an unwanted child.

A criminogenic family situation is resolved by committing a crime only under the condition of interaction with certain negative properties of the subject's personality. The surveyed criminals are characterized by a low cultural and educational professional and qualification level, insufficient adaptation to environmental conditions, low communication skills. These qualities hinder the choice of the law-abiding option of terminating or preventing family relationships.

CHAPTER THREE. PREVENTION OF CRIMES COMMITTED AGAINST THE FAMILY MEMBERS OF THE OFFENDER.

The meaning of preventive work in relation to the topic of the dissertation research is the implementation of a certain direction of social regulation, which has the task of eliminating or neutralizing the causes and conditions that give rise to crimes against family members, family-based crime prevention measures are divided into general and special.

"general are those that, by their nature, are designed to prevent anyone from committing any crime."

When concretizing general measures to prevent crimes motivated by family conflicts we are talking about the preventive impact at the macro level.

General measures to prevent crime on the basis of family excesses are classified as economic (elimination of congestion in everyday life, further development of housing construction); ideological (regulation of the general nature of gender relations, promotion of a fair distribution of responsibilities in the family, purification of family relations from material payments); psychological (education of mutual respect for family members, the formation of traditional masculinity in men and femininity in women) and organizational (improving the training of teaching staff).

Common measures are closely related and interdependent. That is why the above classification is partly conditional. Comprehensive measures include, for example, the fight against alcoholism.

Eleven main general preventive measures are proposed, which are given a detailed description. According to the author, these measures should have a neutralizing effect on Negative consequences social processes that cause changes in family relations in the current

neck time.

Special measures aimed at preventing crimes motivated by family excesses should ensure that the population is prepared for the specific complexities of family life, develop the ability to adapt, the ability to actively confront difficulties and, in the event of an extreme aggravation of family contradictions that threaten the commission of a crime, ensure readiness for a legally acceptable way out of the situation.

Special preventive measures can be divided according to their goals into measures to prepare for marriage (early prevention), measures aimed at preventing specific crimes in already formed families and measures to prevent crime in the current criminogenic situation.

Special preparation for marriage means the impact on specific couples who have expressed their intention to marry, from a criminological point of view, the author examines the problems of choosing a marriage partner, organizing youth leisure, and substantiates the expediency of introducing experimental marriage bureaus in our country. Latest in the selection of married couples in the plan early prevention should exclude those combinations of personality traits of a man and a woman that can subsequently lead to the creation of a criminogenic family situation.

The prevention of specific crimes in troubled families implies the identification of such families with the subsequent improvement of the situation in them.

The reduction of exchange conflicts has as its starting point the consideration of the difficulties of mutual adaptation of young spouses, the orientation of spouses to various forms and methods of overcoming private family contradictions.

This section of the dissertation develops recommendations for overcoming family conflicts. Questions are raised about the development of self-control and methods of influencing a marriage partner. The “active” version of conflict resolution described in the literature is to patiently help a person rationally assess a contradictory situation with the help of strong arguments and overcome it based on changing the previous point of view and developing new behavioral motives. As a result of the development of an inner conviction, a decision comes and the will to a real change in behavior is born.

The dissertation also considers the historically established "passive" version of the resolution of a family conflict. At the heart of the control action of this kind lies the idea of the family as a system, the elements of which (family members) are connected with each other by the need for mutual possession. If any need is not satisfied, tension appears as an integral part of the satisfaction of the need, which causes an activity that can lead to its satisfaction.

Passivity in resolving a crime situation, and sometimes activities that aggravate the conflict to a certain extent,

or a demonstration of one spouse's aspirations for autonomy encourage the other spouse to take action to improve the relationship. If the described behavior of the first spouse is of a conscious nature, then it should not lead to an excessive overstrain of the situation, since this spouse does not exceed the "stretch limit" in its regulatory influence.

The suppression of a crime in the current criminogenic situation implies the use of emergency and radical measures. Among them, the interruption of family relations in various forms was considered. With regard to marital relations, based on the fact that it is not divorce that is undesirable from the point of view of society, but the unfavorable family situation that leads to it, the paper argues that in the event of an extreme aggravation of the family situation that threatens to commit a crime, divorce becomes useful and desirable.

Further, the forms of direct impact on dysfunctional families by the state and the public are highlighted. Judgments are made about prevention under certain conditions in the family after bringing the perpetrator to criminal liability.

Timely resolution of housing disputes is considered as an important preventive measure. Taking into account the relevance for some families of housing separation of married children, a proposal is made to assign to the housing authorities a reserve fund of residential premises, intended for urgent exchange of living space for families in need of it, who are in a state of acute family conflict. This fund is to be used on the basis

representations of internal affairs bodies or the public.

So far, only the first steps have been taken towards the development of the problem of crime on the basis of family conflicts. However, this perspective scientific research presented in an optimistic light. Identification of opportunities for a positive impact on the family sphere contains a capacious reserve of means to reduce crime.

The criminogenic significance of family trouble is not limited to the creation of a prerequisite for committing a crime against the life of a family member of the offender. In the future, it is also necessary to study the situation of committing all other types of crime within the family.

From the study of highly specialized aspects of family troubles, it is subsequently necessary to move on to more general problems of domestic crime. The non-productive sphere of human life, as one of the most important complexes of factors influencing its formation, being studied from a criminological standpoint, should become an independent section of the subject of criminology along with industrial and educational spheres.

Information updated:10.07.2014

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Legal psychology. Cribs Solovieva Maria Aleksandrovna

38. Criminogenic factors

Among the criminogenic factors are the following:

–? low efficiency legal system lagging behind the actual changes in society; low effectiveness of the system of legal education in society;

– the decline in the prestige of honest labor; the growth of socio-psychological tension and dissatisfaction with living conditions, the work of state administration and law enforcement agencies; people's dissatisfaction with the impunity of criminals and criminal groups;

–? dissatisfaction with poor work with complaints, statements, lawsuits of citizens in government bodies and courts; the presence of examples of quick and easy enrichment by dishonest means; strained relationships between different groups;

–? fall in the authority of law enforcement agencies; low effectiveness of crime prevention measures; decrease in the level of public morality; the terrible gulf between the very rich and the very poor; abuse of power, corruption; custom litigation; criminalization and sexualization of leisure, art, video market, television programs; social differentiation of youth groups on the model of criminals; defenselessness of a person before arbitrariness; the spread of drunkenness and drug addiction; an increase in the number of people without certain occupations, places of residence, unemployed; low level of detection of crimes; political extremism and religious fanaticism; bad educational work with children and teenagers;

–?weak level of psychological and pedagogical training of employees law enforcement; availability of weapons; the fall in the value of human life;

- Man-made accidents and natural disasters.

The growth of crime is also associated with the presence of criminal factors: criminal deformation of legal consciousness, needs, morality, the influence of criminal authorities; the emergence of a criminal subculture that exacerbates the anti-legal psychology of members of criminal gangs; the growth of organized crime, the involvement of people with an unstable legal orientation in criminal communities; fusion of criminals with the power structures of society, with law enforcement agencies.

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These factors directly contribute to the emergence and development of delinquent behavior. Almost almost all of them are due to the weaknesses of positive measures and work to strengthen the legal psychology of communities and individuals.

In the subgroup of socio-psychological factors in their nature, the following are criminogenic:

Low psychological impact of the legal system, the system of legislation, "gaps" in it, the backlog of lawmaking from actual changes in society;

The low psychological effectiveness of the entire system of legal education, the destruction of the old, socialist, and the delay in the creation of a new one that meets the realities of freedom, rights, democracy in modern society;

Falling prestige of honest work;

Socio-psychological tensions and discontent caused by various shortcomings in life Russian society, in the work of government bodies, law enforcement agencies, the state of the fight against crime;

Dissatisfaction of the population with impunity for the obviously illegal activities of people like Mavrodi, firms like Hermes, Khoper, etc.;

Dissatisfaction of the population with poor work with complaints, statements, lawsuits of citizens in state bodies and courts;

The contagiousness for a part of the population of examples of quick and easy enrichment of people with a low level of education, culture and morality, who have made their fortunes in an obviously dishonest way;

Exacerbated relationships between different groups of the population (social, professional, national, religious, etc.);

Low effectiveness of measures to prevent criminal deformations of legal psychology among certain groups of the population and citizens;

Disturbing rumors, an excited crowd, panic, etc. Non-psychological criminogenic factors include:

Decrease in the level of public morality;

The phenomenon of the "business of power", associated with the actual wealth of life of people in power, the abundance of various benefits and privileges for "servants of the people", the wealth of services, the possibility of obtaining apartments, enrichment by lobbying someone's interests, abuse of power in the

noah impunity, secured by boundless immunity, amounting to absurdity;

Widespread racketeering, blackmail, extortion, intimidation, psychological violence, including in the field of legal proceedings;

Criminalization and sexualization of leisure, art, the video market, television programs: a cult of force and violence, cruelty, disrespect for a person; propaganda of the need for self-defense by any means, revenge, lynching; distribution of criminal jargon, songs in a criminal manner; social differentiation of youth groups along the lines of criminals, hazing; idealization of the life of successful criminals and their "noble" qualities; substitution of the words of the native language with "beautiful" foreign words that cover up and romanticize the disgusting essence of criminal activity ("killer", "racketeer", etc. instead of the Russian words "murderer", "extortionist", "scum", etc.), clogging the language with words and verbal turns drawn from criminal jargon, etc.;

Widespread mismanagement, weak protection of values;

The spread of drunkenness and drug addiction;

An increase in the number of people without certain occupations, places of residence, unemployed;

Low level of detection of crimes;

Corruption in government and law enforcement agencies;

Political extremism and religious fanaticism;

Weaknesses in the system of education of the younger generation and adults, especially moral, legal, labor, patriotic, family, cultural;

Weaknesses of the system of out-of-school education, at the place of residence;

Dissemination of the facts of pedagogical neglect and neglect of minors, boys and girls;

Lack of promotion of a healthy lifestyle and education of young people, the entire population;

Weak psychological and pedagogical effectiveness of educating the personnel of legal bodies in the spirit of the strictest observance of the rule of law;

Insufficient level of psychological and pedagogical preparedness of law enforcement personnel;

Decreased mass character and active participation of the population in the work of public formations of a socio-pedagogical and preventive profile;

Distribution of weapons throughout the country;

big fires, natural disasters, emergency situations, etc.

Dozens more factors of a criminogenic nature can be cited.

The criminogenic impact of a family on a child can manifest itself in the following aspects:

a) the failure of the family as a factor preventing the formation of criminal behavior;

b) family as a factor in the formation of criminogenic qualities of a person;

c) the family as a factor in the child's psychophysical pathology.

A. The family has great potential to keep a person from crime. Unfortunately, these opportunities are often not realized. The reasons for this may be different:

Pedagogical illiteracy of parents, their inability to exert the right influence on children, especially during the so-called transitional age and in relation to difficult teenagers(hyperactive, having a pathology of the psyche);

The absence of one of the parents or parents in general (the child is being raised by a grandmother or other relatives), which entails many pedagogical, psychological and material difficulties;

Severe illness (disability) of parents;

Employment of parents at work, lack of time to communicate with children;

Conflicts in the family, leading to contradictions in family pedagogy (discrediting parents of each other);

Loss of authority by parents, mutual alienation of children and parents, as a result of which the latter lose the ability to provide positive influence on children (advice and comments of parents are either not perceived, or the child deliberately acts against the will of the parents);

Indifferent attitude of parents to children (indifferent family, where children are left to themselves);

Parents do not maintain contact with teachers, public parent organizations, representatives of law enforcement agencies (in the event that the child has fallen into a criminal company and the family is not able to stop the criminalization of the teenager on its own).

B. The family is the main environment for the formation of personality. At the same time, it is not always the result family education it turns out the formation of positive qualities in adolescents. Often, willingly or unwittingly, parents form criminogenic qualities in children. The reasons for this include:

Connivance, permissiveness, or, conversely, rough treatment of a child;

A negative example of parents (a manifestation of cruelty, callousness, aggressiveness, greed, moral uncleanliness, etc.);

Conscious formation by parents, older brothers or other relatives of negative attitudes and habits in adolescents, and in some cases, drawing them into drunkenness, drug use, criminal activity (criminal families).

C. The causes of psychophysiological anomalies in children can be:

Violation of hygiene during pregnancy and in the postpartum period (use of alcohol and drugs, beating a pregnant woman by a man, the use of contraindicated drugs, etc.);

Lack of communication between the child and parents;

Poor nutrition of mother and child;

Pathological heredity.

The family is a necessary environment for the normal formation and development of personality: psycho-physiological, intellectual, moral. Children deprived of a family, as a rule, suffer from certain psychophysiological anomalies. In some cases, unfortunately, the family can be a more traumatic factor than orphanhood.

Studies by psychologists and psychophysiologists show that the undesirability of pregnancy has an extremely negative effect on the emerging psyche of the unborn child. negative emotional condition mother forms a special hormonal, biochemical environment that prevents the normal development of the embryo. This often results in such criminogenic qualities of a person as chronic nervousness, suspicion, emotional tension, unconscious expectation of aggression from others. These personality traits sometimes cause unmotivated (preemptive) aggression - the commission of violent crimes.

In early childhood, the child needs constant contact with the mother: visual, auditory, emotional. The child needs to hear the conversation of loved ones, kind words, see their smiles, he needs to be picked up. The last aspect is very important for the normal development of the psyche. When a mother is unable to communicate with a child, this negatively affects the development of his emotional sphere - negative emotions can acquire a stable, dominant character. There are cases when the cause of persistent disorders of the child's psyche turned out to be the fact that parents left their children alone in the house for a long time, locked them in dark rooms.

The hardest aspect family pedagogy- maintain a balance between hard and soft measures, positive and negative incentives. A spoiled child, whose every wish parents and relatives were in a hurry to fulfill, often becomes a moral deformity. He torments those around him, and he himself is not able to find satisfaction and happiness in this world.

The rudeness and cruelty of parents can form an outwardly obedient and executive person who, at the subconscious level, has a colossal charge of evil, resentment and aggressiveness. All this, on occasion, is poured out on the weaker ones.

A serious aspect of the criminality of the family is the loss of communication between children and parents. Parents cease to enjoy authority among children, trust is lost between them. The child becomes almost uncontrollable. main reason loss of communication between children and parents - lack of communication. Moreover, time is not the only characteristic of the volume of communication. The main thing is that children and parents "be on the same wavelength", so that they have common interests and mutual respect. In the process of education, both of them constantly have to adjust to each other. Sometimes this process goes easily, but there are also periods of crisis. Ideally, if they can be predicted and prepared for them. In any case, overcoming such crises is the most difficult creative pedagogical task. If parents cannot or do not want to spend time and effort on its solution, this turns out to be Starting point alienation.

The considered problems are typical for both normal and abnormal families.

Abnormalities include:

An incomplete family (as a rule, limited both in material terms and in terms of maintaining the natural balance of male and female education);

An indifferent family (where children are given practically no attention and they are completely left to their own devices);

An aggressive family (where children are bullied, where they become victims of savage pedagogical torture or sexual abuse);

A criminal family (where parents and older relatives form criminogenic beliefs and skills of criminal activity in children: both involuntarily, by their own example, and consciously).

Here is a picture from nature illustrating the essence of the phenomenon of family pathology: “That day off began as usual: the whole family got drunk. And mother, and aunt, and 12-year-old Lyubka, 8-year-old Kolka and Vitek. Only two of his little brothers did not drink. And they lived with their grandmother Vitka - in their house they ran out of firewood and coal, the electricity was turned off ... Grandmother, however, instead of electricity smoked a kerosene stove - the light bulb burned out, there was no money for a new one. Vitek “never finished the first grade. At what age he first tried alcohol, now it is difficult to say. But judging by the fact that his brothers, 4 and 6 years old, were drunk when the workers came to dysfunctional family, we can say that somewhere from the age of five he was addicted to drinking. When fellow villagers, "after drinking Vitka and Kolka, committed violence against them at night, no one went to report to the police." After such a prelude, the origins of violence and aggressiveness become quite understandable: “Grandfather lay motionless on the floor and did not breathe. Vitek started beating him with a stick, while Lyubka and Kolka kicked him. They beat him for a long time ... Vitek took an ax and hit his grandfather on the neck.