In a comprehensive system of crime prevention measures, there are general social, special-criminological and individual levels of preventive activity. The defining conditions for the control over crime in general and its violent "bloc" are created, in particular, by socio-economic, cultural, educational and other measures on a national scale.

In the context of the transition to market relations, state and public support for socially unprotected segments of the population is of particular importance; development and implementation of an effective youth policy, including in terms of meeting socially significant interests and needs of young people in the areas of general and vocational education, culture, leisure and work; technical and technological re-equipment of enterprises and the widespread reduction of unskilled manual labor; strengthening of employment services for the population; creation of a coherent system of training, retraining and raising their qualifications; development of small and medium-sized businesses, providing the population with new jobs. These and other social measures play an important role in neutralizing the objective and subjective factors that determine the commission of violent crimes and hooliganism.

The prevention of violent crime is ensured, first of all, by the inevitability of punishment, however, the degree of implementation of this principle causes justified concern of the population. Hundreds of thousands of crimes remain unsolved. To prevent violent crime, it is important to quickly work out places where the antisocial element is concentrated (dens of debauchery, drunkenness and drug addiction; firms specializing in the provision of intimate services; previously convicted vagabonds).

The main directions of special-criminological prevention of violent crimes:

• comprehensive and coordinated consistent fight against drunkenness and drug addiction;
• timely response to offenses committed on the basis of family and other domestic conflicts, which may escalate into crimes;
• ensuring effective protection of public order on the streets and in other public places;
• strengthening the fight against incitement to racial and ethnic hatred;
• suppression of the criminogenic influence of repeat offenders and professional criminals on minors and youth; improving the quality of work in a marginalized environment;
• stepping up activities to identify and dissociate anti-social youth groups;
• intensification of activities until the liquidation of organized criminal groups and communities;
• timely preventive action on persons with an increased degree of victimization;
• intensification of the fight against the facts of illegal manufacture, sale, storage and carrying of cold steel and firearms;
• the use of preventive measures to respond in a timely manner to threats of murder and infliction of grievous bodily harm, to prepare for the commission of serious violent crimes, riots, etc .;
• ensuring fair punishment for violent crimes on the basis of its differentiation and individualization;
• countering the propaganda of cruelty and violence in the media.

Of particular importance are measures to enhance preventive action in specifically criminogenic groups of the population (minors and young people; persons who abuse alcohol, use drugs; do not work; previously convicted; persons with mental disabilities).

Special organizational measures of a general preventive nature include the study and analysis of information on the level, structure and dynamics of violent crime in the region, assessment of the state and trends of these crimes, taking into account latency, criminogenic and anti-criminogenic factors, forecasting the development of a criminological situation, criminological planning, etc.

An important area in the fight against violent crime is group and individual prevention. Its objects are persons who, due to their antisocial aggressive-violent orientation, can commit violent crimes.

As part of the prevention of rape, the problem of sexual education of minors, both female and male, needs to be resolved at the federal level. In some countries, it starts from the age of ten.

Finally, the potential for the prevention of violent crime should be expanded through its victimological component. This is all the more important because in the commission of violent crimes, it is often only chance that determines which of the parties to the conflict will be the perpetrator and who will be the victim. Prevention of victimological content is an educational and preventive effect on potential victims of crime (due to their age, behavior or lifestyle).

Family despots and hooligans should be made aware that they may be victims of a violent crime or act committed in a state of necessary defense or intense emotional distress at the hands of close relatives. Prostitutes and persons with promiscuous sex are warned about the possible consequences of such a lifestyle, about the increased vulnerability from violent and violently selfish crimes.

Children and adolescents are taught the need to avoid contact with strangers, to be with parents and relatives in the evening, to communicate with their peers. Certain categories of citizens (for example, victims and witnesses in a criminal case) need physical protection from government agencies. However, the problem of ensuring their personal safety can be fundamentally solved only at the legislative level.

The issues of general social crime prevention today require their own legislative solution. Life shows that the lack of legal regulation of preventive work hinders the development of a uniform approach of the prosecution, justice, internal affairs and courts to the use of preventive law and legislation.

Thus, the main areas of prevention of violent crime will be:

I. Organizational support

Organizational support should be carried out not only in individual law enforcement agencies, as is done now, but also on cardinal problems of preventing violent crime, for example, on the prevention of domestic violence, combating drug addiction and drug addiction, and the execution of criminal sentences related and not related to imprisonment. , and the problem of training specialists, etc. To this end, for each problem, a program should be created that includes the necessary resource calculations.

II. Revision of the system of the nature of punishments and isolation measures

1. It is advisable to initiate the lifting of the moratorium on the use of the death penalty. This penalty should be applied to those guilty of premeditated murder with aggravated circumstances, but only for reasons of just retribution in the case of the most serious crimes. Abeltsev S.N. The identity of the offender and the problem of criminal violence. - M .: Unity, 2000.S. 90

The question of the application of the death penalty to the considered category of criminals is inevitably connected with the general problem of the existence of this most severe criminal punishment. Different attitudes towards this type of punishment, its essence, purpose, roles, practical proposals associated with it have existed since certain actions began to necessitate the use of the most acute and even merciless responses to their commission. In a word, this problem has existed since time immemorial, and since it has significant political and legal, and even greater moral significance, interest in it has not been lost at the present time. Philosophers, writers, politicians, criminologists, sociologists, lawyers and other figures of science and culture have repeatedly expressed their attitude, sometimes mutually exclusive, to the death penalty. Criminal legislation is constantly being improved, many traditional views on the purpose, functions and types of punishment are being revised, the number of countries that use the death penalty is decreasing, but it nevertheless exists, and no one is able to predict that this type of punishment will ever disappear completely Abeltsev S.N. The identity of the offender and the problem of criminal violence. - M .: Unity, 2000.S. 91.

Contrary to the opinion widespread among opponents of the death penalty that it is incapable of intimidating someone and thereby deterring them from committing a crime, we believe that this is not the case. The fear of such a punishment persists in many people, it is especially effective during total and inevitable repressions, for example, under the conditions of a fascist regime. In those civilized countries where the death penalty has survived, it is used not to intimidate, but to satisfy the public sense of justice. To deprive someone of life so that others are discouraged is extremely immoral. This is akin to shooting hostages.

At present, ideas about basic human values, about justice, about due retribution for what they have done do not allow one to completely abandon such a punishment, retaining it only for punishing murderers, and the most dangerous ones. It is very important in this regard to note that many of them, by their bloody atrocities and the flagrant cruelty shown at the same time, place themselves outside of people, outside of life. Criminals such as Chikatilo, Mikhasevich, Golovkin, Kuznetsov, Chechen bandits and terrorists should not stay among the people just for what they did.

Meanwhile, state policy towards such monsters is characterized by a predominant tendency to preserve their life, which in most cases causes strong disagreement. The public, as a rule, does not know anything about why, on what grounds, taking into account what circumstances the death penalty for the most dangerous murderers is replaced by life imprisonment or why they were only punished for life. At the same time, quite often the issue of pardoning a specific person is not resolved for months, sometimes for years, which cannot be regarded otherwise than as cruelty to the same person, although guilty of the most serious, mortal sins.

More or less clear criteria for sentencing the most dangerous murderer should be developed, which could also be used by organizations deciding questions about pardon if a criminal is sentenced to death. These criteria can include: the number of victims, the presence of children and adolescents ; committing murders with particular cruelty; the presence of mental pathologies and disorders of sexual desire, limiting the ability to control their behavior; a person's appeal for psychiatric and sexopathological help, his reactions to offers of such help, a desire to get rid of pathological drives - before committing crimes or even during the period when a series of murders took place; bringing to criminal responsibility in the past for violent crimes Abeltsev S.N. The identity of the offender and the problem of criminal violence. - M .: Unity, 2000.S. 94.

• 2. It seems necessary to make the following amendments to the criminal and penal laws:
  • - pardon and amnesty should not be applied to the most dangerous murderers; they cannot be released on sick leave or on parole;
  • - Persons sentenced to life imprisonment for violent crimes cannot be released from correctional institutions under an amnesty, in connection with a pardon, due to illness, or on parole earlier than 25 years after being taken into custody;
  • - if a person is prosecuted for committing a violent crime classified by law as a grave or especially grave category, and before that has already been punished three times for the same crimes, then regardless of the removal or cancellation of the conviction, he must be sentenced to life imprisonment;
  • - Persons convicted of violent grave and especially grave crimes, as well as for any sexual crimes for a certain period, can be released early, under an amnesty or in connection with a pardon only on the basis of the conclusion of a complex commission with the obligatory participation of a psychiatrist and a psychologist;
  • - Persons who have committed acts that formally fall under the signs of an especially grave violent crime, but are recognized as insane, must be placed in a specialized psychiatric hospital with intensive supervision for life.

III. Social programs for the prevention of violence

• 1. Any social programs for the prevention of violence in Russia should be based on the fact that its state is primarily determined by a very high level of anxiety and insecurity of people, their depressive traumatic experiences as a reaction to those changes in life that are subjectively perceived as very unfavorable. Violence is a means of protection and affirmation, so society must offer other means in sufficient scope and variety.
• 2. The top priority is to provide comprehensive assistance, including during inspections, to regions where the worst situation of criminal violence is observed. This presupposes the creation of special programs for them of social and material support, educational and pedagogical, psychological, organizational, law enforcement and other activities.
• 3. To the already existing social programs for combating certain types of crime (for example, drugs and drug addiction), it is necessary, first of all, to add social programs for the prevention of violence in the family, at school, among minors in general.
• 4. A nationwide federal program to combat violence in society is needed. Its subjects should be all legislative and executive bodies, public and church organizations, the media, etc.

The general social prevention of violent crimes largely depends on the consistent implementation of socio-economic and political transformations in the country associated with the establishment of universal human values, the humanization of the moral climate, and the implementation of the principles of social justice. The solution of these general social tasks will create the preconditions for the successful fight against violent crimes. Among these tasks, it is necessary to single out purposeful work on fostering conscientiousness in a person, instilling in him a culture of communication and moral ideals, respect for the human person, its inviolability, intolerance to any acts of violence against it, to manifestations of rudeness, aggressiveness, cynicism, and the revival of a significant the measure of the lost traditions of mutual assistance, mercy, compassion for all living things; improving sex education for adolescents and young people, preparing them for family life, fostering respect for the dignity of women, aversion to promiscuity and permissiveness.
The main directions of special-criminological (specially targeted) prevention in this area include: consistent and persistent fight against drunkenness and drug addiction on the basis of setting clear and realistic goals, proper complexity and coordination; timeliness of response to offenses committed on the basis of family and other domestic conflicts and may escalate into crimes; ensuring a resolute fight against hooliganism and effective protection of public order in the streets and other public places; decisively strengthening the fight against incitement to racial and ethnic hatred;
suppression of criminogenic influences on minors and youth of repeat offenders and professional criminals; improving the quality of prevention work in a marginalized environment; activation of activities to identify antisocial youth groups with a propensity for violence; intensification of activities to liquidate organized criminal groups and communities; timeliness of preventive action on persons with an increased degree of victimization; intensification of the fight against the facts of illegal manufacture, sale, storage and carrying of cold and firearms, ammunition, explosives and explosive devices, with their theft; the use of criminal-legal measures of the so-called double prevention for a timely response to threats of murder and infliction of grievous bodily harm, beatings, torture, to prepare for the commission of serious violent crimes, riots, group hooliganism; ensuring fair responsibility for violent crimes based on its differentiation and individualization; decisive opposition to the propaganda of cruelty and violence by the media, the spread in the public consciousness of the cult of power, supermenity, the orientation of young people towards illegal violent options for resolving life problems; reorientation of the media towards promoting the image of a law-abiding citizen.
The intensification of work in these areas contributes to the stabilization, and then the reduction of the level of criminal violence. Programs to strengthen the fight against crime, other targeted programs, as well as documents of interdepartmental and departmental-sectoral integrated criminological planning contain a number of important provisions in this regard. (At the same time, their resource provision is currently unsatisfactory.)
Of particular importance are measures to enhance preventive action in specifically criminogenic groups of the population (representatives of a marginal environment; minors and young people; persons who abuse alcohol, consume narcotic drugs or psychotropic substances

Taking into account all these factors is important for criminological diagnostics, predicting the possibility of committing a violent crime by specific individuals and determining methods of individual prevention. The latter include: persuasion and persuasion, provision of the necessary assistance, neutralization of negative environmental influences, control and supervision, measures of civil, administrative and criminal law.
The new legislation on social services also creates the basis for social assistance to people from groups of high criminal risk. A gratifying phenomenon was the rapid development in the constituent entities of the Russian Federation and in the territories of local self-government of institutions for the rehabilitation of persons with deviant behavior and for persons in need of protection from cruelty and violence. According to expert estimates, violence is rampant in every fourth Russian family. In 70 cases out of 100, women and children are victims of beatings.
In this regard, the deployment of the activities of public crisis centers (social assistance centers) is of great importance, designed, in particular, to provide assistance to victims of violent crimes, "hot lines" ("helplines"), shelters for victims of family and sexual violence and etc. At present, there are about 50 such crisis centers in the regions of Russia.
It is advisable to consider the specifics of the analyzed preventive measures in relation to the prevention of violent crimes in the sphere of everyday life. The central figure of the preventive work here is the district police officer.
In the prevention of domestic violent crimes, it is important to achieve an adequate response to incoming messages at an early stage in the development of dangerous conflict situations and the formation of aggressive groups and companies.
At the same time, it is important, in accordance with a specific situation, to choose the correct form of response (episodic, lasting, urgent, emergency).

If the conflict situation periodically aggravates, then improves without particularly sharp fluctuations, the most expedient is an episodic (control) response. It is carried out, as a rule, by the district police officer and representatives of the public. Methods of preventive influence in such cases - conversations, advice, provision of necessary assistance, neutralization of adverse environmental factors, occasional control.
If the conflict situation worsens over a long period of time, an ongoing response is applied. In such cases, preventive conversations with the offenders are held in the police (mainly by district commissioners), conversations are initiated with the participation of representatives of the administration and the public, persons personally respected by the parties to the conflict; other already indicated forms of influence are used. If they turn out to be ineffective, more stringent measures are applied: discussion of the behavior of conflicting persons at a general meeting of the labor collective, a meeting of citizens at the place of residence, a village gathering, a call to the police department for a conversation about the inadmissibility of antisocial behavior in everyday life, an official warning from the court about eviction from the living area for the impossibility of living together, etc.
An urgent response is carried out in the context of an aggravated conflict situation. We are talking about frequently recurring quarrels, scandals, fights, threats, deviant behavior of persons suffering from mental illness, antisocial behavior of drunkards, alcoholics, drug addicts. Various measures of legal coercion can be used: deprivation of parental rights by court; forced exchange of living space by court and eviction due to the impossibility of cohabitation; limitation of legal capacity; compulsory treatment in a psychiatric hospital or a neuropsychiatric dispensary; seizure of hunting weapons; bringing to administrative and criminal liability. It is necessary to make much broader use of such an effective preventive measure as administrative arrest.
An emergency response is necessary in case of violent, aggressive behavior of the offender. It is carried out at the time of hooligan actions, fights, real threats of physical violence, etc. It is, as a rule, carried out by the duty units of the district municipal bodies of internal affairs. With the appropriate message, they are obliged to urgently send pat-
the taxi-guard service, and sometimes district commissioners, employees of the criminal investigation department to suppress him; response in such cases involves: active protection of citizens who may suffer from aggressive actions; suppression of the resistance of offenders; confiscation of weapons from them; their detention, etc. Then the issue of bringing these persons to criminal or administrative responsibility is decided.
It is necessary to put informal groups with a tendency to violence on the appropriate types of operational and preventive accounting, to provide preventive influence on the entire group as a whole (in particular, in the prevention of violent crimes in a marginalized environment, in hostels, etc.).
Prevention of victimization is very important. Its measures should be based on identifying potential victims and preventing their imprudent, risky, frivolous, licentious, provocative behavior (brawlers; persons who get intoxicated into victim situations; persons inclined to join random companies characterized by frivolous behavior in public places and etc.).
The significance of this work is confirmed by the growth in the level of victimization of the population. The indicator of this level for persons (the number of registered victims per 100 thousand people) in the city was 1511.6, which is 20% more than in 1998 (1259.1). The likelihood of becoming a victim of a violent crime has increased significantly.
The importance of the victimological aspect is advisable to consider in relation to the tasks of preventing mercenary and violent crimes (robberies, robberies, bandit raids). In this regard, it is very important to carry out the following measures: the production and distribution in the residential sector of special warnings about the methods of protection against criminal encroachments, taking into account their recurring most dangerous types; informing citizens through the media about the facts of crimes common in this settlement, typical actions of criminals, as well as the recommended algorithm of actions of citizens in various criminal situations;
attracting the attention of the population to the need to take measures to ensure personal safety, protect dwellings, storehouses of material values, vehicles and other property (strengthening doors and windows, installing reliable locking devices, code locks and intercoms on the doors of houses' entrances, burglar alarms, video monitoring entrances to porches, apartments and utility rooms); checking and taking measures for proper lighting of streets, squares, entrances of houses and other public places in settlements; organization of carrying out patrol and guard service of the police in places most convenient for committing crimes; conducting preventive conversations in children's educational institutions with schoolchildren and teachers, as well as at the place of residence with parents about possible options for behavior when confronted with criminals; identification of individuals and risk groups with an increased degree of victimization and the implementation of a preventive effect on them in order to activate their protective properties and subsequent devictimization.
It is not difficult to assess the important role of these activities in the prevention of other violent (in particular, sexual) crimes.
Recently, the activity of criminal groups has intensified, which, along with fraudulent actions in the purchase and sale of apartments, commit murders of their owners in order to take possession of the privatized living space of the victims.

The victims of these crimes are most often persons belonging to the so-called risk group: lonely, elderly, pensioners, alcoholics, drug addicts suffering from mental disorders, representatives of socially unprotected segments of the population who do not have stable family and friendship ties. These persons should be under the close scrutiny of district police officers, employees of municipal housing authorities and public commissions. The manifestation of an increased interest in this category of citizens should cause caution, the unconditional need for mutual information, and the adoption of emergency measures to suppress possible crimes.
Serious attention should be paid to the criminal-legal prevention of violent crimes, in particular the possibility of using certain criminal-legal institutions and norms with a pronounced preventive focus in the fight against them. These are, first of all, the norms of the General Part of the Criminal Code of the Russian Federation, regulating the institutions of necessary defense, detention of a criminal, of extreme necessity, as well as norms that stimulate voluntary renunciation of a crime, active repentance. Their content and meaning must be explained to citizens in the course of legal propaganda.
The aforementioned norms of the Special Part of the Criminal Code of the Russian Federation with the so-called double prevention also play an important preventive role. These are norms on criminal responsibility for acts that create conditions and an immediate environment for the commission of other, more serious crimes. We are talking about a double prevention, a double preventive effect of such norms - against acts for the fight against which they are directly intended, and against serious crimes, for which a fertile ground is created if these acts remain unresponsive.
Among them, it is necessary to highlight the norms providing for liability for hooliganism, threat of murder or causing grievous bodily harm, torture, illegal carrying, storage, acquisition, manufacture or sale of weapons, combat
out of supplies or explosives, involvement of minors in the commission of a crime or other antisocial behavior, brothel keeping and some others. The effectiveness of their preventive impact is mainly associated with ensuring timely responsibility for acts that create conditions for the commission of other, more dangerous crimes. For example, according to the interviewed experts (law enforcement officers and researchers), up to 10% of murders could have been prevented if the rule on responsibility for threats of murder and causing grievous bodily harm (Article 119 of the Criminal Code of the Russian Federation) was applied in a timely manner.
Ensuring accountability for the criminal violence itself, in turn, is extremely important for general and special prevention. Interviews with those convicted of crimes against the person showed, for example, that the expectation of impunity was revealed in almost half of the respondents.
In this regard, the problem of timely and complete detection and disclosure of these crimes seems to be very important. According to the statistics of the Ministry of Internal Affairs of Russia, for 2000-2007. More than 16 million crimes turned out to be unsolved. Of these, only about 100 thousand murders. This problem is closely related to measures to reduce the latency of such crimes. In this regard, effective prosecutorial supervision over the fulfillment of the requirements of the law on the timely and complete registration of statements and reports of violent crimes, their timely and reasonable resolution is important; introduction of a new system of assessing the activities of the police.
Serious attention should also be paid to the capabilities of the information system "medical institution-law enforcement agency". Its use could greatly help to reduce the level of latency of the facts of criminal harm to health. Medical institutions, in accordance with the requirements of regulatory enactments, are obliged to report all injuries of a criminal nature to the police. However, these responsibilities are not sufficiently fulfilled in practice. Therefore, it is necessary to ensure a careful registration of persons arriving with such injuries in medical institutions, and the recording of information about them in the book of statements and reports of crimes by the duty units of the internal affairs bodies.

Operational-search measures aimed at preventing violent criminal encroachments on the part of those plotting them are of significant preventive value. The main role here belongs to the operational apparatus of the internal affairs bodies, especially the criminal investigation units. Operative search prevention primarily involves the collection, during search activities, of covert intelligence information about persons with increased criminal activity (previously convicted persons, alcoholics, drug addicts, domestic brawlers, members of groups with an antisocial orientation, persons associated with members of organized criminal groups, etc. ). The totality of the information received, giving grounds for the conclusion about the likelihood of criminal behavior, indicates the need to establish operational monitoring of such persons in order to timely prevent and suppress the crimes they are preparing. The methods of ORD used in this case are diverse: preventive influence through unspoken employees on members of criminal and antisocial groups, as well as on persons in conflict in the family and household sphere; dissociation by conducting operational combinations of warring groups in the conditions of correctional institutions; operational cover of objects designated by criminals for committing robberies, robberies, kidnapping, bandit raids, and so on. Operative search prevention is especially relevant in relation to persons previously convicted of violent crimes. With regard to these individuals, the traditional methods of individual prevention (measures of persuasion, education, etc.) are largely outdated. In the current criminological situation, more prompt and stringent measures are needed.
The operational development of some private security and detective structures that can play the role of a bandit formation under a sponsoring firm, or criminal orders from various commercial organizations is also very significant.

50 criminological character of crimes against property
Crimes against property (theft, robbery, robbery, fraud, extortion, etc.) encroach on important spheres of life of citizens and the state. The leading place in the fight against them is assigned to law enforcement agencies. The effectiveness of this struggle largely depends on knowledge of the state and main trends of these crimes, understanding of their causes, taking into account the personality traits of a mercenary criminal.

The crimes of this group have always occupied and still occupy a significant place in the structure of crime in Russia, determining its quantitative aspect. Their share at the end of the last century - the beginning of this century is over 50% of all crimes committed in the country.

Thus, crimes against property largely determine the general state and tendencies of crime, and therefore, in general, the entire criminal situation in the country.

In the structure of crimes against property, a decisive place belongs to theft, the share of which varies from 75% to 80%. In the total volume of registered crimes, the proportion of thefts reaches 40% (in some years - 45%). The number of registered thefts is currently approaching 1 million, and in some years it has exceeded this figure. It should not be forgotten that theft is one of the most latent crimes.

In the total number of thefts, encroachments on the personal property of citizens prevail. More than a third of such thefts are committed from apartments; annually about 40 thousand cars belonging to citizens are stolen. Theft of finished products, raw materials, building materials, cargo, money, works of art, antiques, etc. is widespread.

Thefts are dangerous not only because of their prevalence, but also because they are often associated with other more serious crimes, such as premeditated murder, intentional infliction of grievous bodily harm, etc. In addition, a significant number of thefts (up to 80%) are committed under aggravating circumstances. So, with a slight decrease in their total number over the past decade, the number of persons who committed thefts has increased. This is evidenced by the increase (up to 40%) in the group nature of committing thefts, which makes them more dangerous in comparison with crimes committed alone.

The methods of committing thefts are very diverse, the choice of which is determined by the object and subject of the encroachment, the personality of the perpetrator, his criminal experience. In particular, when stealing from premises, selection of keys, knocking out doors, breaking through walls, penetrating through windows, attics, turning off the alarm, etc. is widely used. Pickpocketing is most often committed in crowded places of citizens by groups of professional criminals, often using objects that cut pockets and bags.

A significant number of repeat offenders (about 20% of those brought to justice), women (over 12%), minors (about 18%) are involved in committing thefts.

Robbery in the structure of crimes against property ranks second after thefts and averages about 8%. Criminal statistics most often record robberies with aggravating circumstances, among which repetition, preliminary collusion, penetration into a home, committed by an organized group, the use of violence, etc. prevail. Among those who committed robberies, the number of persons without a permanent source of income is approximately 60%. Robbery is very often committed by a group of persons (over 50%), recidivists (40%), minors (25%).

Robbery is one of the most dangerous crimes directed not only against property, but also against individuals.

Similar information.

2. The main directions of the prevention of violent crime

violent crime criminological

The prevention of violent crimes and hooliganism is based on the general provisions of crime prevention and includes measures of both general social and special criminological character. General social prevention of violent crimes and hooliganism is carried out in the course of socio-economic construction, in the process of society development. The reduction of contradictions, imbalances in society already carries a preventive orientation. In turn, special criminological prevention of violent crimes and hooliganism includes measures to eliminate the causes and conditions conducive to the commission of crimes of this type, as well as measures of individual preventive influence on specific individuals.

Measures to eliminate the causes and conditions conducive to the commission of violent crimes and hooliganism include:

identification and elimination of negative factors in the family and everyday life that contribute to the formation of personal qualities typical of violent criminals and hooligans;

neutralization of domestic and family conflicts, on the basis of which violent or hooligan actions of their participants may arise;

ensuring the timely registration of statements about the threat of murder or infliction of grievous bodily harm and a quick response to them by the internal affairs bodies;

restriction of the sale of alcoholic beverages at certain times of the day and in certain places, a ban on their release to persons under the age of majority who are in a state of intoxication; establishing responsibility for violation of these restrictions;

prohibition of the spread of potent excitatory substances, restriction of sowing of plants containing them, establishment of control over the release and responsibility for the illegal manufacture, sale and consumption of such substances;

strengthening control over the observance of special rules for the acquisition and storage of firearms; bringing to responsibility persons for illegal carrying, storage, manufacture or sale of weapons, ammunition and explosives;

seizure of weapons by the internal affairs bodies from persons who evade registration, as well as systematically violate public order, abuse alcoholic beverages, and suffer from mental illness;

identification of cases of making homemade cold steel and firearms by students and workers in workshops or training and production workshops;

taking measures to make it difficult to commit violent crimes and hooliganism in public places; ensuring adequate lighting, locking attics, basements, sheds and their periodic visits; distribution of forces and means of internal affairs bodies, taking into account the places where violent crimes and hooliganism are most frequent;

clear organization of the activities of various services of the internal affairs bodies: duty units, squads and patrols, units for juvenile affairs, criminal investigation and investigation in order to combat violent crimes and hooliganism;

consideration of criminal cases against persons who have committed violent crimes and hooliganism at their place of work or study;

organization of reception of citizens by the heads of the internal affairs bodies at the place of residence, at enterprises and organizations;

constant monitoring of the state of violent crimes and hooliganism on the part of the regional administration, regular discussion of these issues with the involvement of interested parties - heads of enterprises, institutions, educational institutions, law enforcement agencies;

organization of legal training and education of the population Criminology / Ed. Malkova V.D. - M., 2008 .-- S. 121.

Individual prevention of violent crimes and hooliganism is carried out in order to prevent the commission of these crimes by specific individuals. The process of individual prevention consists of the following interrelated stages: identification of persons leading an antisocial lifestyle and prone to committing violent crimes and hooliganism; registration of identified persons with the internal affairs bodies; determining the causes of antisocial behavior and the conditions conducive to this behavior; taking measures to eliminate the specified causes and conditions; the use of various forms and methods of preventive action.

The circle of persons in need of individual prevention is determined on the basis of information received by the internal affairs bodies from citizens, the administration of enterprises, institutions, educational institutions, housing maintenance offices, from the court, the prosecutor's office. In addition, objects of prevention are identified among persons who violate the rules of the hostel, drunkards and alcoholics, previously convicted of similar crimes, unemployed and non-students, minors without supervision. Particular attention should be paid to identifying and neutralizing the influence of the leaders of groups forming at the place of residence with a negative orientation of pastime (drinking, harassing passers-by, etc.). Success in the prevention of violent crimes and hooliganism depends on the completeness of their detection and ensuring the inevitability of punishment for these crimes. Failure to comply with these requirements quickly leads to the repeated commission of crimes by persons, the involvement of new participants in crimes.

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Violent crime prevention

Introduction

Chapter J. Violent crime as a phenomenon

1.1 Concept and Features of Violent Crime

1.2 Classification of violent crimes

1.3 Personality traits of violent criminals

Chapter YY. Criminal determinants of violent crime, the main directions of the prevention of violent crime.

2.1 Causes and conditions of violent crime

2.2 Violent Crime Prevention.

2.3 Prevention of violent crimes in the internal troops of the Ministry of Internal Affairs of Russia.

Conclusion

List of used literature.

Annex 1

Appendix 2

INTRODUCTION

The theme of the thesis "Criminological characteristics of serial violent crime and its prevention" is very interesting and relevant, since violent crimes cover the group of the most socially dangerous attacks on life, health, bodily and sexual inviolability of the individual. Under conditions of general stress, moral disorientation, enormous material difficulties and a general tightening of morals, violence rather quickly acquired the character of an everyday phenomenon. Meanwhile, the quantitative and especially qualitative parameters of violent crime: the general growth of its intensity and severity of its consequences, the growth of its individual types at a rate that noticeably outstrips the growth of nonviolent crime - all this has acquired the character of a serious threat to the security of society and therefore requires close attention. Violent crimes damage the most important values ​​in a civilized society, and also have many common criminologically significant features and signs, especially when it comes to murder and bodily harm. Violent crimes in terms of the degree of social danger and the severity of the consequences inflicted surpass many other criminal manifestations. They cause huge, sometimes irreparable damage to society. Hundreds of thousands of people become directly victims of them every year. The perpetrators of violent crimes spread the stereotype of aggressive and violent behavior in the domestic and leisure microenvironment. It is these criminal acts that are most condemned from the point of view of universal human morality. The escalation of criminal violence is a cause for legitimate concern among citizens.

All of the above determines the relevance of the topic of the thesis.

Issues related to violent crimes at different times were studied in detail in the works of Antonyan Yu.M., Aliev R.Kh, Bassin FV, Berezhnov A.B, Bokov A.V, Vitruk N.V., Gerasimov S.I., Dashieva A.D, and others

The aim of the study is to study a wide range of personal and behavioral characteristics of victims of violent crimes and to find ways, a set of appropriate measures aimed at increasing the effectiveness of the preventive activities of law enforcement agencies in the fight against these attacks against the individual.

For this, I have set a number of tasks in my work:

Consider the structure, dynamics and criminological characteristics of serial violent crimes;

Define the classification of violent crimes

Identify three main blocks of criminological characteristics of the personality of violent criminals: socio-demographic parameters; behavioral characteristics; subjective and situational signs; criminogenic determinant crime army

Distinguish between the causes and conditions of serial violent crimes;

To reveal the main directions for the prevention of violent crimes, including in the internal troops of the Ministry of Internal Affairs of Russia.

The object of the research is social relations associated with violent crime, as well as with the solution of problems for its prevention and prevention.

The subject of this research is violent crime, prevention of violent crime.

During the research, the following methods were used: statistical, comparative and formal legal, as well as special methods - systemic and statistical. When writing the thesis, regulatory legal acts, textbooks, scientific articles, as well as some other periodicals that helped in writing the work were used.

Thesis consists of an introduction, two chapters, a conclusion and a list of used literature, an appendix.

The first chapter examines violent crime as a phenomenon, the main criminological indicators of crime, provides a criminological characteristics of violent criminals.

The second chapter is devoted to the consideration of the criminogenic determinants of violent crime and the main directions for its prevention.

In the conclusion, the main results obtained in the course of the study are presented, their assessment is given and proposals are made.

CHAPTER Y. FORCED CRIME AS A PHENOMENON

1.1 CONCEPT AND SIGNS OF FORCED CRIME

From the totality of social relations, it is possible to single out a group of people's relations with each other and with society as a whole, based on the mutual attitude to life, health, bodily integrity and freedom of each person, arising from the norms of morality and law and consisting in the interest to respect, to protect and develop the specified conditions for the existence and normal functioning of a person. Social relations of the selected group are recognized as one of the most important. The violation of these relations and sometimes even the orientation of the act towards such a violation causes significant harm to the state. Therefore, these public relations are taken under the protection of criminal law.

The protection of public relations, the core of which is life and other physical benefits of the individual, from criminal encroachments committed on them, has a significant place in Russian Criminal Law. In Art. Art. 45 and 46 of the Constitution of the Russian Federation enshrined the right of citizens of the Russian Federation to judicial protection from encroachments on life and health. The Constitution of the Russian Federation of 12.12. 1993 // Russian newspaper. 1993.25.Dec. Most of all attacks on social relations that ensure life, health, bodily integrity and freedom of a person are violent crimes committed with the use or attempted use of physical violence or with the threat of such.

The term "violent crimes" is used in theoretical works on criminal law and criminology. The content of this concept is not the same everywhere. Thus, in criminal law and criminal procedure, violent crimes are understood as crimes involving violence or the threat of violence; in the executive law - the same crimes, with the exception of especially dangerous state crimes accompanied by violence; in criminology, crimes against the person expressed in violence or, along with them, also hooliganism combined with violence and robbery.

Since the classification of crimes as violent is based on criminal law, the concept of violent crimes should be based on criminal law. Therefore, the development of this concept is the task of the science of criminal law.

Violent crimes in the criminal legal sense are characterized by common features, which is the basis for combining them into one group. The commonality and similarity of these crimes is expressed, first of all, in the same way of committing them, namely, in the use of violence or the threat of violence against another person. This method is envisaged as an element characterizing the objective side of the crime, in the dispositions of a number of articles of the ural legislation in the Criminal Code of the Russian Federation, for example, responsibility for violent crimes is provided for by many articles of the code. The violent nature of the criminal's actions is expressed differently in different criminal law norms. Most often, the law explicitly refers to violence or the threat of its use. In some cases, actions or circumstances are provided that in their essence constitute violence or may be expressed in violence, or the consequences of violence in the form of causing death or bodily harm are indicated. These norms are included in various chapters of the Special Part of the Criminal Legislation, which ensures the versatility of protection for heterogeneous groups of social relations. Antonyan Yu.M. Violent crime in Russia. - M.: Legality, 2005 .-- 98 p.

Topical issues of combating crime in Russia and abroad / Ed. count L.L. Ananiana and others - M.: Legality, 2009 .-- 89 p.

The legal terminology for violent acts varies. Analysis of the provisions related to the external characteristics of the entire set of norms on responsibility for violent crimes, which are available in the current criminal legislation, allows us to put forward an independent problem of the criminal law fight against such criminal acts.

The essence of this problem is, in particular, the establishment of patterns inherent in the content and structure of these criminal law norms, criteria for distinguishing the corpus delicti of violent crimes from each other and from related offenses, trends in the development of the current legislation on responsibility for the crimes in question and its possibilities. further improvement. The scale of the problem put forward is evidenced not only by the listed moments and the many unresolved, controversial or complex issues of responsibility for violent crimes associated with them, which cause difficulties and errors in the investigation and judicial consideration of a significant number of criminal cases, but also the relatively high prevalence of these criminal acts.

The problem of criminal law struggle is part of a more general problem of combating criminal acts. It, in turn, is multifaceted and includes, in addition to criminal law, such areas as: criminological, penitentiary, criminal procedural, forensic, civil law, forensic medical, forensic psychiatric, forensic psychological. Wherein

the criminal law direction is the starting and fundamental, since

other directions of research are based in their starting points on the material contained in the criminal legislation. Topical issues of combating crime in Russia and abroad / Ed. count L.L. Ananiana and others - M.: Legality, 2009 .-- 89 p.

The unification of violent crimes into one group, carried out for the purpose of their scientific research, is based on the same method of encroachment that characterizes these criminal acts. However, not only the violent method is common for this kind of crime, but also the possession of other similar signs. The definition of violent crimes and their range is associated with the establishment of other groups of signs common to all violent crimes, distinguishing them from other actions that are both criminal and non-criminal.

The study of the problem of the criminal law fight against violent crimes as an independent direction is associated with the separation of these crimes from all criminal acts provided for by the criminal law.

Such a selection, on a superficial review, may seem purely mechanical, while in-depth analysis reveals a number of similar features of violent crimes and significant connections between them, which

determines their unity and integrity of the whole problem. So, signs,

common to all violent crimes are:

1) the criminality of the act as a whole;

2) a homogeneous object of encroachment (social relations, the core of which is the physical benefits of the individual);

3) the same in essence, mode of action, which characterizes

the objective side of the crime (alternatively: physical violence or

threat, its use);

4) deliberate (conscious) nature of the actually used violence

(threats of violence).

The criminality of the act in question presupposes that it must be socially dangerous and criminally illegal (and, of course, have such signs of a crime as guilt and punishability). It is not necessary, however, that the violence or threat is criminal in itself. It is only important that the act as a whole be criminal. For example, twisting another person's arms without causing physical pain and without any criminal purpose or motivation is not a crime. When such arm twisting is carried out with the aim of stealing property, then there is a violent crime composed of organically interrelated attacks on property relations and relations that ensure the bodily inviolability of the individual, namely, the presence of an object of encroachment that is homogeneous for violent crimes - social relations that provide physical benefits to the individual. , means that the crimes in question are directed against social relations that ensure the life, health or bodily integrity of another person. At the same time, each specific violent crime is aimed at one of the listed benefits. When an act is directed simultaneously against two or more physical benefits of a person, then the direction of the encroachment on the most valuable of these benefits is taken into account. This position remains unshakable regardless of whether the violent crime encroaches only on a person or also on another object. The danger of an act to a certain extent depends on the value of the good of the individual, against which the encroachment is directed. Dashieva A.D. On the concept of violent crimes // Criminal-legal and criminological problems of combating crime. Issue 1. Irkutsk: BSUEP Publishing House, 2003. - pp. 176 - 182.

An essentially identical method of committing violent criminal acts is the actual use of violence, an attempt or threat to use violence. Physical violence is an unlawful intentional action expressed in the impact on the body of another person against or against the will of the latter and aimed at causing harm to his physical benefits. The threat of violence is intimidation of another person by using physical violence against him. When determining the method, it does not matter whether violent actions are an obligatory element of the corpus delicti or not. Violence does not always cause physical harm to a person, for example, when a shot is fired, when the perpetrator misses. Therefore, violent crimes should be understood as those aimed at causing harm to the physical benefits of an individual. It should be noted that the intensity of violence, its consequences, as well as other actions accompanying violence, and the presence or absence of a causal relationship between violence and other actions affect the degree of public danger and the qualification of the offense.

The deliberate (conscious) nature of the actually used violence is that, being an action, violence is always applied deliberately. Aware of his social danger and at the same time using violence, the perpetrator wants to carry it out, that is, he acts with direct intent. This provision is axiomatic in relation to the corpus delicti of completed crimes, the compulsory element of which is violence, that is, to crimes with formal elements in terms of encroachment on the person. This is due to the general rule according to which crimes with formal elements are always committed with direct intent. The form of guilt of a criminal who commits a violent crime with a material composition, in particular, when a constructive element of the composition of a completed crime is a consequence caused by violence in the form of death or bodily injury, is determined by the mental attitude to the action and to the consequence at the same time, that is, to the criminal act as a whole.

Violence is understood broadly as a sign of violent crime. Essential is only that the act is actually committed with the use of violence or the threat of violence. This circumstance can be reflected in the composition of a crime by specifying in the law the violent nature of the action (violence, threat of violence, beatings, etc.), the result of the use of violence (bodily harm), both at the same time (murder), or a sign that includes its content and the possibility of using violence. In particular, when referring to the result of violence, although it is not a constructive element of the corpus delicti, it is a link in the natural course of events, which, as a rule, causes this result. As a sign of the corpus delicti of a violent crime, violence is understood in a narrow sense. Determining the boundaries of this understanding of violence involves dividing the constituents of all violent crimes into groups. First of all, based on what element - violence or consequence is mandatory, constructive in the finished crime, two groups are distinguished from the elements of violent crimes:

1) compositions, an element of which is violence (or, alternatively,

and the threat of violence, or only the threat of violence);

2) compounds, an element of which is the consequence in the form of a corporal

injury or death.

But these two groups do not exhaust all violent crimes. There are also other elements of the crimes under consideration, the sign of which is an action or circumstance, including a mandatory, alternative or optional violent action, denoted, however, not by the terms "violence" or "threat of violence". These compositions, depending on whether it is mandatory, alternative or optional for them violent action, are also subdivided into two groups. One of them (according to the classification carried out - the third) includes corpus delicti in which violent actions, referred to in various terms (terrorism, beatings, assault on life, etc.), are a mandatory or alternative feature. Another group (fourth) includes compounds, a feature of which is an action or circumstance, including violent action.

The combination of the four listed groups of compositions covers all

violent crimes. The compositions of violent crimes of the first, third and fourth groups, being formal or truncated in terms of encroachment on a person, have all the above-mentioned features of the crimes in question. Compositions of the second group, uniting material compositions, are not characterized by all of the indicated characteristics. So, violence is not an element of the finished crime, the onset of the consequences is also necessary; these compositions are characterized not only by a deliberate form of guilt. N. V. Krivoshchekova On the criminological concept of "violent crime" // Methodological issues of criminological research.- M.: Norma, 2008. 126 p.

Thus, only the compositions of the first, third and fourth groups should be attributed to the compositions of violent crimes characterized by common features (the homogeneity of the object, the same violent method of action and the willful nature of the act). This provision is interconnected with the understanding of violence, in a narrow sense, that is, as a mandatory, alternative or optional sign of the corpus delicti, regardless of the terms in which this sign is designated in the law.

Clarification of the noted differences in the understanding of violence allows us to conclude that the groups of violent crimes, the constituents of these crimes, united on the basis of common characteristics, are not the same. Violent crimes, understood in a broad sense, include those in the commission of which violence is actually used, and the elements of these crimes are those compositions in which violence is a mandatory, alternative or optional feature. These structures correspond to violent crimes, understood in the narrow, or criminal-legal sense. Criminology / Under. Ed. V.N. Kudryavtseva, V.E. Eminova. - M.: Yurist, 2011 .-- 421 p. The statement of the similarity of the corpus delicti of violent crimes is a prerequisite for the development, for scientific and practical purposes, of a general concept of the corpus delicti of this kind of crime. The study of the general concept of the composition of a violent crime as a set of common objective and subjective signs that characterize the above-mentioned crimes by law, takes a central place in the problem of criminal law in the fight against violent crimes.

Such a study is important for further strengthening the rule of law, since the scientific definition of the concepts that characterize the composition of violent crimes, their relationship with each other and with other concepts allows, in particular, to transfer these concepts to a higher level of abstraction, to create a theoretical basis for giving more accurate, recommendations by the highest courts in accordance with the law, to ensure the correct and uniform application of criminal law norms by practitioners of the internal affairs bodies, the prosecutor's office and the court when qualifying crimes, to identify certain gaps in the current criminal legislation. The study of the general concept of the composition of a violent crime is associated with the analysis of each of its elements in the sequence developed by the theory of Russian criminal law. The norms on responsibility for violent crimes contained in the current criminal legislation provide an interconnected system of norms that ensure the protection of public relations, the core of which is the physical benefits of the individual. Therefore, the improvement of the legislative regulation of this system on a scientific basis presupposes a comparative legal study in order to ensure its internal unity and integrity.

In the theory of criminal law, there are a number of problematic issues common to all corpus delicti of violent crimes, concerning the disclosure of the legal nature of these criminal acts and their qualifications, which indicates the possibility and need to study the entire set of crimes associated with violence or the threat of violence.

Resolving the issue of the unlawfulness of causing death or bodily harm with the consent of the victim is associated with the need to establish whether such infliction, if it is unlawful, is a violent crime or not. Recognition of this infliction unlawful at the same time testifies to the lack of consent of the victim in criminal law, that is, as a free expression of will. Therefore, this infliction must be considered as being carried out in spite of free will, against the will of the victim, and, therefore, it must be classified as violent.

Consequently, violent crimes are crimes that infringe on public relations, provide the physical benefits of a person, and

accompanied by the deliberate commission of violent actions (violence, attempts to use violence, threats of violence), regardless of whether these actions are a constructive element of the corpus delicti or not. The features that distinguish violent crimes from other acts form an independent group. There are two such signs:

1) the public danger of the act;

2) the violent nature of the crime.

The first of these features makes it possible to distinguish violent crimes from the non-criminal infliction of physical harm on another person, and the second - from criminal non-violent acts. There may be no public danger of causing physical harm due to the public usefulness of actions entailing such harm, or their insignificance. Aliev R.Kh. Violent Crime in Russia: State and Problems of Prevention // Society and Law. 2008. - No. 1. - P. 165 - 167.

By virtue of social utility, this infliction is not criminal in case of: necessary defense, arrest of a criminal, extreme necessity, physical or mental coercion, execution of an order or instruction, reasonable risk. At the same time, in cases of extreme necessity, necessary defense and during the arrest of a person who has committed a crime, the infliction of physical harm is due to the socially dangerous behavior of the criminal. Establishing the presence or absence of such a feature as the violent nature of the crime is related to the definition of violence. Since the concept of violence is characterized by a set of traits (signs), each of which is its integral property, at the same time separating violent action from non-violent action, the solution to this issue is conditioned by the fixation of all the signs of violence. The absence of at least one of these signs in a crime means that it is non-violent. The signs of violence, as can be seen from the above definition, are different in content and nature. In some cases, establishing them causes a number of difficulties. However, there are also inconceivable situations in which the presence of any sign of violence raises or may raise doubts. This leads to a controversial issue of classifying the crime as violent or non-violent. Based on the definition of violence, it is possible to classify on grounds corresponding to the nature or content of signs of violence. Such grounds are:

1) the willful decision of the victim to influence his body from the outside

another man;

2) the nature of the impact on the body;

3) the mental attitude of the perpetrator to the impact on the victim's body;

4) the minimum limit of the degree of violence activity.

The content of the willful attitude of the victim to the impact on his body from another person determines the raising of the question of attribution to a crime, in particular, violent infliction of death or bodily harm with the consent or at the request of the victim. The nature of the impact on the victim's body serves as the basis for considering and resolving the debatable issue of whether the effect is violence only on the outer tissues of the human body, or also directly on the internal organs by giving the victim poisonous, poisonous, intoxicating substances.

The form and content of the perpetrator's mental attitude to the impact on the body of another person is an indicator for distinguishing between violent and non-violent actions, in cases of physical harm: first, as a result of violation of special rules; secondly, as suitable from the possible actual consequences, destruction or damage to property; thirdly, in case of insult by action. Determination of the minimum limit of the degree of intensity of violence makes it possible to establish the violent or non-violent nature of the action in terms of the strength of the impact on the human body. This is necessary to clarify the nature of such actions as restricting the freedom of another person in violation of bodily inviolability when stealing clothes from a victim who is drunk, drowsy or otherwise unconscious. In the theory of criminal law, murder with the consent or at the request of the victim is recognized as unlawful.

The question of the legal nature of bodily harm inflicted with the consent or at the request of the victim is controversial. Some authors consider this kind of damage to be unlawful, while others believe that the consent of the victim eliminates the wrongfulness if it is given in the presence of socially useful goals or motive. The solution to this question cannot be unambiguous. It depends on the following circumstances:

1) the characteristics of the victim;

2) determining the ratio of consent and free expression of the will of the victim;

3) the severity of the injury;

4) the range and content of other circumstances that affect or may affect the absence of wrongfulness in the actions of the inflictor.

The consent of a mentally ill person who suffers from a mental chronic illness, temporary mental disorder, dementia or other mental illness and who is unable to give an account of his actions or to direct them, if the perpetrator knows about it, has no legal significance. Similarly, the issue of consent of a person who has not reached the age of fourteen should be resolved, because the criminal law (Article 20 of the Criminal Code of the Russian Federation), excluding the criminal liability of such persons, summarizes that they are not aware of the socially dangerous nature of their actions). The Criminal Code of the Russian Federation of 13.06.1996, No. 63 - FZ // Collected Legislation of the Russian Federation of 17.06.1996.

The criminal-legal meaning of the consent of the victim is not the same depending on whether the consent is given to cause minor or other (serious, less serious) harm to health. The question of the legal nature of minor harm to health caused with the consent of the victim does not cause controversy. This kind of damage, as a rule, does not belong to the category of criminal acts, since criminal cases of causing minor bodily harm are, according to the general provision provided for in Art. 27 of the Code of Criminal Procedure of the Russian Federation, private cases, charges, i.e. "instituted only on the basis of the complaint of the victim and subject to termination in the event of his reconciliation with the accused" Criminal Procedure Code of the Russian Federation of 18.12. 2001 № 174 - FZ. ... The legislator, referring these criminal cases to the category of private prosecution cases, proceeds from the small severity of bodily harm, the responsibility for the infliction of which is established by Art. 115 of the Criminal Code of the Russian Federation, and therefore does not restrict the freedom of expression of the will of the victim to inflict such bodily harm on him, i.e. preserves for the victim the freedom to dispose of the respective benefits of the individual, the freedom of expression of will regarding the harm to these benefits. The infliction of minor bodily harm without impairment of health or disability is treated in accordance with Art. 14 of the Criminal Code of the Russian Federation to the number of minor crimes. The Criminal Code of the Russian Federation of 13.06.1996, No. 63 - FZ // Collected Legislation of the Russian Federation of 17.06.1996, Infliction of minor bodily harm with a short-term health disorder or insignificant persistent disability is a crime that does not pose a great public danger.

The consent of the victim to the infliction of grievous or less grievous bodily harm, as a rule, does not exclude the unlawfulness of the act. However, in the presence of certain circumstances, causing damage without the consent of the victim may not be recognized as a crime. Urgent surgical operations are performed and complex diagnostic methods are used by doctors without the consent of the patients themselves, or their parents, guardians or trustees only in those exceptional cases when the delay in establishing a diagnosis during the operation threatens the patient's life, and it is not possible to obtain the consent of these persons.

Thus, some authors refer to the crimes under consideration as crimes related to violence, that is, they proceed from an understanding of the totality of all these acts in a more or less narrow sense, while others include in the range of such crimes all acts stipulated by the current criminal law that involve violence or threat the use of violence, that is, proceed from their understanding in a broad sense. the definition of violent crimes is an important and complex scientific problem, and is an integral part of the entire problem of criminal law in the fight against violent crimes.

1.2 CLASSIFICATION OF VIOLENT CRIMES

In the Russian literary language, violence is defined as "the use of physical force against someone", "coercive influence on someone", "compulsion ..., an act of shyness, offensive, illegal, willful".

These definitions indicate the factual and legal signs of violence. The actual ones include, firstly, objective signs that characterize the external side and method of action, and, secondly, subjective signs that characterize a strong-willed attitude towards this action on the part of the person using violence and the victim. An indication of illegal actions characterizes a legal sign of violence. From the point of view of criminal law, this feature is expressed in social danger and criminal unlawfulness of the action. The criminal law concept of physical violence is characterized by a combination of factual and legal features. Most definitions of physical abuse focus only on the external aspect and mode of action in physical abuse. More accurately and comprehensively, the legal nature of physical violence is reflected by A.N. Ignatov, who defines physical violence "as an unlawful effect on the body of the victim, committed against his will." Gilinsky Ya.I. Sociology of Violent Crime. - M .: Jurid. World, 2008s.204-206

Summing up the factual and legal signs, physical violence should be understood as a socially dangerous unlawful effect on the body of another person against his will. This definition contains the most common signs of physical abuse.

Action in the criminal-legal sense encompasses all the features inherent in human action in the physiological and psychological sense and, in addition to them, has certain specific features. In quantitative terms, action in the sense of interest to us is usually understood not as a single muscular body movement, but as a set, a complex of body movements. Qualitatively, the action is characterized not only by physiological and psychological, but also by social characteristics.

The social properties of a criminal act are its social danger and the unlawfulness arising from it. Action in the criminal-legal sense is understood as a complex of human body movements, which is a public danger and is criminally illegal. Exceptions are actions in the specified sense, which are committed by a person who is insane or under the established age or under the influence of force majeure. These actions are devoid of criminal law significance.

Physical violence in the sense of interest to us must have all the signs that characterize the action. In addition to these signs, violence must be characterized by other signs, the presence of which distinguishes it from any other action. Physical violence in the criminal-legal sense, either alone or in combination with other actions, motives, goals, should be reflected in the composition of the crime provided for by the rule of the special part, and be characterized by the degree of social danger inherent in the crime. Being an action, physical violence can entail various consequences in the form of bodily injury, physical pain, death inflicted on another person. However, it is wrong to equate violence as action with the consequences of violence. Controversial is the question of classifying the restriction of human freedom as physical violence. In criminal law theory, the question of whether restriction of freedom constitutes violence is considered in relation to crimes against property. There are three points of view in the literature, according to which:

1) restriction of the victim's freedom is not recognized as violence;

2) is recognized;

3) not every restriction of freedom is recognized as violence, but only one that is connected with a direct impact on the victim's body (binding, gagging, etc.). The third point of view is shared by most criminologists. The attribution of the impact on the internal organs of the victim without damaging the external bodies of the body to the second type of physical violence is also controversial. In the theory of criminal law, this issue is considered only in relation to the elements of the crime of robbery and robbery. Zhalinsky A.E. Violent crime and criminal policy // Soviet state and law. -2008. - No. 3.s.201-203

The giving of poisonous and toxic substances to the victim against his will should also be referred to physical violence. In order to qualify a violent crime, it is important to determine whether the violence is life or health hazardous. At the same time, there is no need to distinguish between physical violence, which is life-threatening, from violence, which is only a danger to health. At the same time, such a distinction is essential when imposing punishment. Violence, which is not dangerous to life and health, by its content is not associated with harm to them.

Mental violence is the threat to use physical violence in order to force a person to commit acts of a criminal nature or to refrain from these actions, the performance of which is an obligation. Mental abuse is a threat, i.e. intimidation of the victim with the use of physical or mental violence against him. For

recognition of the threat of mental violence requires the presence of signs taken together. Signs are divided into two types: general and special. Common signs are necessary for any group:

1) the fact of intimidation of the victim with the use of physical violence (but not

other damage), i.e. the reality of the threat;

2) the reality of the threat, that is, it is necessary to be guided by a subjective criterion on the part of the victim and the offender. The victim must perceive the threat as realistically feasible, tantamount to physical violence, and the perpetrator must be aware of this. Special features characterize the threat as an element of a specific corpus delicti;

3) the moment of the alleged feasibility of the threat; the threat of harm to health and rape must be in cash, i.e. the offender must threaten with immediate violence;

4) the intensity of the establishment of the degree makes it possible to determine whether the threat is death or serious harm to health or not.

The presence of general and specific signs of a threat characterizes its social danger and unlawfulness. The form of external expression is not critical. The types of threat differ depending on the form of external expression. The threat can be expressed:

Demonstration of weapons;

Verbally;

By gestures;

Action;

The atmosphere of the commission of the crime.

Depending on how and how concretely the threat is expressed, it can be of a definite or indefinite character. Demonstration of weapons is always of a certain nature, and the demonstration of objects used as weapons (models, if they are perceived as real weapons) is similar. A verbal threat can be of a certain nature, that is, when the offender precisely names the harm he threatens, and consists in the words "kill," "shoot," intensity of violence is threatened by a criminal, but is expressed by the words "give it up, otherwise you will regret that my mother gave birth to the world," "I will cripple worse than a tram," and so on.

The threat expressed in the form of gestures can also be specific or not, as well as the threat of action. The threat in the form of gestures is also vague if the offender threatens to use violence that is not dangerous to life and health. The question of the presence and absence of a threat by the very situation of the commission of a crime should be decided on the basis of an analysis of all the materials of a specific criminal case. Topical issues of combating crime in Russia and abroad / Ed. count L.L. Ananiana and others - M.: Legality, 2009 .-- 89 p.

The definition of the concept of sexual crimes serves the purpose of establishing the range of acts attributed to this group and identifying their main and specific features. These crimes, to one degree or another, violate the way of sexual relations, are socially dangerous deviations from the norms of human sexual behavior. The content of the structure of sexual relations depends on sexual morality, i.e. behavior of people in the field of sexual relations, ethical and aesthetic views, customs of society regarding issues of sex. From the point of view of Criminal Law, any crime is immoral behavior, but only some crimes violate the norms of sexual morality. The principles of sexual morality reflect the views of the ruling strata of society on the conditions and nature of sexual relations.

Sexual morality is a system of norms reflecting views on

the relationship of the sexes and regulating all aspects of the sexual behavior of people in society. Sexual freedom is the right of an adult to freely determine his or her sex life, i.e. it is up to you to decide with whom and in what form to satisfy your sexual needs. Means that violation of sexual freedom even by a close person (friend, spouse) under certain circumstances does not exclude criminal liability for sexual crimes. The same applies to the violation of the rights of a fallen woman (prostitute, lumpen). Sexual inviolability is the right of both an adult and a minor (minor) to sexual inviolability.

Rape is the most serious and widespread of sexual crimes, approximately 3/4 of the total. However, most of the rapes remain unsolved. Latency reaches 25%. From the point of view of the law, rape is always committed against the will of the victim. The law clearly specifies the ways:

1) the use of violence against the victim or other persons;

2) the threat of violence;

3) helpless state;

The public danger of rape is:

1) in the violent nature of the offender's actions;

2) in gross and cynical humiliation of a woman's dignity;

3) in causing moral and physical harm;

4) in molestation, pregnancy, harm to health.

Rape - from the point of view of the legislator - is sexual intercourse with the use of violence or the threat of its use against the victim or other persons, or with the use of the victim's helpless state. A helpless state is the inability of the victim to resist or realize the event that is happening to her. Can be caused by: illness, fainting, severe alcohol intoxication, narcotic, toxic intoxication, old age, physical disabilities. Within the meaning of the law, a victim who has not reached the age of 14 is in a helpless state. does not understand and cannot resist. The reason for the helpless state does not matter.

Rape - having sexual intercourse with a woman against her will as a result of overcoming the resistance of the victim, by using physical or mental violence against her or other persons, or as a result of using a helpless state when she is not able to resist the rapist or is not able to realize what is happening to her ... The concept of sexual intercourse includes biological and medical criteria. The definition of medical includes the definition of a biological criterion. Medical criterion is the biological act of sexual intercourse between members of different sexes. "Sexual intercourse is the introduction of a male member into the vagina and only that" - this is how Professor Avdeev says. It is the physical connection (contact) of male and female genital organs that is a necessary and definite condition for sexual intercourse (coitus). Coitus is a heterosexual relationship that involves the union of male and female genital organs. Peting is sexual behavior in terms of partner physical contact by any means, except for the direct connection of the genitals. Andreeva L.A. Rape qualification. - SPb .: Peter, 2007 .-- 178 p.

Establishing the circumstances of the actual behavior of a man and a wife makes it possible to clearly distinguish sexual intercourse from other forms of sexual relations and satisfaction of sexual needs. The current legislation provides for violence used in rape in the form of a physical one, consisting in beating, tying up, depriving the opportunity to call for help, causing any kind of harm to health and mental harm, consisting in mental pressure, the threat to immediately harm the health of either the victim or other persons ... Physical violence or threat can apply not only to her, her relatives, but also to completely other outsiders. It is important that this violence pursues the goal - to persuade the victim and agree to sexual intercourse. Physical violence is any form of physical violence against a victim, as a result of which the possibility of acting in accordance with the intention and will of the victim is completely excluded.

Mental coercion is the threat to use physical violence in order to force a person to commit acts of a criminal nature or to refrain from these actions, the performance of which is an obligation. The criminal law provides for a threat as one of the methods of committing rape.

Determining the nature of the threat is of great practical importance, since disposition of Part 1 of Article 131 of the Criminal Code of the Russian Federation does not disclose the content of the threat, such as, for example, Art. Art. 161 and 162 of the Criminal Code of the Russian Federation, which directly indicate in which case the threat of violence is of the nature dangerous to life and health, and in which case it is not dangerous. The Criminal Code of the Russian Federation of 13.06.1996, No. 63 - FZ

The forms of threat of rape must be such as to paralyze the woman's will to resist. Any threat has a mental effect on the victim, but only a dangerous and real one can force a woman to compromise her sexual freedom. In case of rape, the threat in its nature and intensity should be equal to the use of violence or the use of the victim's helpless state; in case of refusal to obey the threats of the rapist, it can be immediately executed. Only such a threat can render a woman helpless in the face of crime. The threat can be expressed:

1) verbally;

2) gestures;

3) demonstration of weapons;

The threat of violence in rape must be real and immediate. Reality is concreteness, i.e. it must be clear in what way the person is going to fulfill this threat, and also, if there are sufficient grounds to fear the execution of this threat. In addition, it is necessary to take into account the reason, motive, relationship, the identity of the threatened person, the situation.

The threat of being used in the future does not put a woman in a helpless state, since she still has time to take measures for self-preservation or resort to the help of the authorities. The threat of rape can be directed both against the victim herself and against other people close (dear) to her. that persons close to the victim, along with close relatives, may include other persons who are related to him, property (relatives of the spouse), as well as persons whose life, health and well-being are known for the guilty to the victim's path due to the existing personal relationship.

The threat of a person wishing to have sexual intercourse, to harm himself (up to self-destruction) cannot be considered as an element of the objective side of the crime. Such a threat does not pose a public threat like rape. With such a threat, there is no intention to use violence against another person, which is typical for violent crimes.

The most dangerous threat is murder or grievous bodily harm. The Criminal Law provides for liability as a general composition - Article 119 of the Criminal Code of the Russian Federation, and clause "in" part 2 of Art. 131 of the Criminal Code of the Russian Federation as a qualifying feature. This can be expressed:

1) verbally;

2) or follow from the actions of the offender.

The threat of causing serious harm to health should be understood as the threat of harm to health with the consequences provided for in Part 1 of Art. 111 of the Criminal Code of the Russian Federation. However, in each specific case, it is necessary to take into account not only the weapon that the perpetrator threatened, but also the nature and direction of the threat. The Criminal Code of the Russian Federation of 13.06.1996, No. 63 - FZ // Collected Legislation of the Russian Federation of 17.06.1996. The use of a threat aggravates responsibility for rape, regardless of whether the offender had the intention to actually carry out his threat or expected to exert mental influence on the victim ... It is enough that, by the nature and circumstances of the case, the threat used made the victim fear for her health.

One of the qualifying signs in Part 2 of Article 131 of the Criminal Code of the Russian Federation is a sign of particular cruelty. This is how the following actions should be regarded:

1) infliction of special physical or mental suffering on a woman in the process of forced sexual intercourse (bullying, mockery, sadistic actions);

2) physical torture of the victim or other persons as a sophisticated way to suppress her resistance;

3) committing rape in the presence of loved ones; The Criminal Code of the Russian Federation of 13.06.1996, No. 63 - FZ // Collected Legislation of the Russian Federation of 17.06.1996.

The current criminal law provides for two types of grievous bodily harm: grievous bodily harm without aggravating circumstances and grievous bodily harm with aggravating circumstances. Bodily injuries are classified as serious if at the time of their infliction they were life-threatening or caused serious harm to health. “Harm is understood as either bodily injury, ie violation of the anatomical integrity of organs and tissues or their physiological functions, or disease or pathological conditions resulting from the impact of various environmental factors: mechanical, physical, chemical, biological, mental.” Chechel G.I. The cruel way of committing crimes against the person: criminal law and criminological research. - Stavropol, 2007.-pp. 257-258

When referring bodily injuries to the category of grave injuries, the legislator assessed the severity of the harm caused to health, based on criteria different in their content. Despite, however, different criteria for classifying bodily injury as grievous, the main thing is the objective harm caused by the unlawful action to human health.

Intentional life-threatening bodily injury occurs most frequently in judicial practice. In this case, harm is caused to the vital organs of a person, and usually they can end in death or create a real threat of death. According to the Rules of forensic medical examination of the severity of harm to health, life-threatening harm to health can be both bodily injuries and diseases and pathological conditions. Life-threatening injuries are:

...

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