Gurstieva Y. Criminological characteristic of felonious homicides for mercenary motives and prevention of them

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003756

Applicant for

Specialization

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

17-09-2019

Specialized Academic Board

К 64.502.01

Аcademician Stashis Scientific Research Institute for the Study of Crime Problems

Essay

The dissertation is a criminological research of felonious homicides for mercenary motives, the results of which the author provided a criminological characteristic of these crimes, analyzed the identity of the lucrative killer, established the determinants that determine these crimes and proposed measures to prevent them. The scientific approaches to the concept of intentional murders of selfish motives are analyzed. It is established that this is a relatively homogeneous group of crimes. According to the purposefulness of the criminal behavior of the perpetrators, these crimes are divided into the following types: 1) murders for the purpose of taking possession of property or the right to property; 2) murders in order to avoid material expenses or duties; 3) murders in order to achieve other material benefits; 4) murders for the purpose of further use of human organs or tissues for other mercenary purposes. Criminological analysis of these crimes is carried out. The criminological characteristic of those who commit intentional murders of mercenary motives has been made on the basis of an analysis of their socio-demographic, criminal-law and moral-psychological features. The criminogenic factors contained in the socio-cultural and moral-psychological spheres are: a low level of culture and spirituality, a consumer model of life, alcoholization and narcotization of the population, lack of opportunities for self-realization, first of all, that leads to the exclusion of its separate part from the social useful links and gradual involvement in crime groups. The immediate causes of intentional murders of mercenary motives are a set of deformed individual and psychological qualities of the individual in the form of defects of the system of value orientation, mercenary motivation, disrespectful attitude to the inviolability of someone else's property, a violent behavioral setup and trapped criminal traditions. The conditions for committing intentional murders of mercenary motives include: victim behavior of victims, specific life situation, mental disorders and behavior of perpetrators, inadequate protection of material values, low effectiveness of preventive work by penitentiary institutions and law enforcement agencies. A complex of measures for the general social prevention of intentional murder committed from mercenary motives is proposed, the implementation of which will help to overcome the traditions of illegal enrichment, the formation of a legal culture of inviolability of someone else's property and not violation of the right to life of a person. Directions of special-criminological prevention of intentional murders from mercenary motives are: 1) preventive work among persons inclined to commit mercenary-violent crimes; 2) the activities of authorized entities to identify and arrange for the preventive registration of persons inclined to take possession of property in a violent way; 3) elimination of the negative influence of the criminogenic group, which promotes the formation of the person on the way of committing mercenary violent crimes; 4) elimination of conditions conducive to the realization of criminal intent; 5) measures to prevent the threat of intentional murder of mercenary motives and termination of the encroachment. The purpose of the measures of victimological prevention of intentional murders of mercenary motives is to reduce the victim's propensity of certain categories of the population to become victims of these crimes. These measures are divided into informative and explanatory and technical.

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