Myroshnychenko A. Criminological characteristics of revenge as a motive for committing crimes against law enforcement officers and courts

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002652

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

15-06-2018

Specialized Academic Board

Д 64.700.03

Kharkiv National University of Internal Affairs

Essay

The thesis is devoted to a comprehensive analysis of the criminological characteristics of revenge as a motive for committing crimes against law enforcement officers and the court. The subject of research is the criminological characteristics of revenge as a motive of committing crimes against the police and the court. The aim of the study is to determine the theoretical generalization and formation of the criminological characteristics of revenge as a motive for committing crimes against law enforcement officers and the court, as well as the development of proposals aimed at preventing crimes at the general social, special-criminological and individual levels. In the course of the study, a modern state of criminal prosecution of individuals for crimes committed on the grounds of revenge for law enforcement officers and the court over the past twenty years has been characterized. It is concluded that in the structure and dynamics of this type of crime, there have been no significant qualitative changes, except for the last three years. However, taking into account the level of confidence in law enforcement agencies and the court, the public’s attitude to the reform processes is indicated on the existence of negative trends that can provoke social conflicts, justify lynching and increase in crimes committed out of revenge. The general and fundamentally important criteria on the basis of which the criminological characteristics of revenge as the motive for committing crimes against law enforcement officers and the court have been justified, which made it possible to form a system of preventive measures at the general social, special-criminological and individual levels. It is stated that special-criminological prevention is divided into prevention, rejection and termination. Special-criminological prevention should be differentiated and adapted to certain categories of offenders, based on their criminological characteristics. They should be aimed at both the correction of a particular individual’s negative personal qualities, and the change of social psychology of the population, forming of a stable notion of impossibility to restore imaginary justice by force and revenge. The features and properties of a person who committed a crime out of vengeance to an employee of a law enforcement agency or court are determined. The generalized characteristic of the person of the criminal is presented. It is proved that an effective system of counteraction to crimes committed out of revenge against law enforcement officers and courts is possible with mandatory consideration of victim behavior of this category of workers, as well as by creating a system of their social protection and personal safety in the performance of official duties. In this regard, a system for ensuring the personal safety of law enforcement officers and court personnel, their social protection was proposed. At the same time, the need to strengthen the responsibility for the commission of corruption and other unlawful actions and the adoption of an unjust decision is underlined. The provisions on the need to take into account the positive experience of preventing crimes committed on the grounds of revenge for law enforcement officers and the court in foreign countries, especially regarding the criteria for assessing the degree of latency of crimes, ensuring personal safety and social protection of employees.

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