Криминология. Предупреждение преступности (конспект лекций)

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Криминология. Предупреждение преступности (конспект лекций)

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Topic 9. Crime Prevention

Everything that was considered earlier (crime, its causes, the identity of the offender) ultimately aims to master modern criminological knowledge about crime prevention. At its core, crime prevention or, in other words, crime prevention (these two terms are identical in terms of etymology and are used interchangeably) is a specific area of social regulation, management and control, which has a multi-level character and pursues the goal of combating crime based on the identification and elimination of its causes and conditions, other determinants.

Criminology studies crime prevention as a complex dynamic system. Its functioning is connected with the solution of both general tasks of social development and specialized tasks in the field of combating negative phenomena.

As a rule, in criminology, the preventive system of state and public measures aimed at eliminating or neutralizing, weakening the causes and conditions of crime, deterring crime and correcting the behavior of offenders, is analyzed in terms of its focus, mechanism of action, stages, scale, content, subjects and other parameters. .

According to the level, it is customary to single out general social (or general) and special crime prevention. General social warning is not directly related to crime. It is based on the fact that the positive development of society, the improvement of its economic, political, social and other institutions, the elimination of crisis phenomena that feed crime from life, objectively contributes to its prevention.

Unlike general, special preventive measures are carried out purposefully in the interests of crime prevention.

Depending on the scale of application, preventive measures are distinguished:

▪ national, related to large social groups;

▪ relating to individual objects or microgroups;

▪ individual.

According to the stages, it is customary to single out the direct prevention of crime and the prevention of recidivism. From a practical point of view, the allocation of such stages in the prevention of crime as prevention, prevention, and suppression is more significant.

General social crime prevention. In today's conditions, the following signs of general crime prevention measures remain, although in many ways they appear in a new way: scale, comprehensive and versatile nature, complexity and interdependence, continuity, radicalism. Thanks to these characteristics, general prevention represents the basis, the foundation of special prevention - proactive combat against crime.

Special Crime Prevention. Special crime prevention, in contrast to general prevention, is aimed at preventing crimes. Special purpose for identifying and eliminating (blocking, neutralizing) the causes, conditions, and other determinants of crime is its profiling, constitutive feature, the main feature. Along with this, special criminological prevention includes the prevention of planned and prepared crimes, and the suppression of initiated crimes.

According to the degree of radicalism, special criminological measures can be distinguished: preventing the possibility of the occurrence of criminogenic phenomena and situations; neutralizing (blocking, minimizing) such phenomena and situations; completely eliminating them.

According to the legal characteristics, special criminological measures are distinguished: those based on the rules of law, but not regulated by them (legal education, education); regulated in detail by legal norms (administrative supervision).

Subjects of crime prevention. As for general crime prevention, its subjects are practically the entire society, all institutions of civil society, and the state as a whole. Individual prevention is the identification of persons from whom, judging by reliably established facts of their antisocial, illegal behavior, one can expect to commit crimes, and the provision of educational and other measures of influence on them, as well as on those around them, in order to prevent crimes.

The tasks of special (special-criminological) crime prevention are also solved by a variety of subjects: state and non-state, specialized and non-specialized, differing in other ways. The range of these subjects is determined in accordance with the procedure established by law.

Basics of victimological prevention. Victimology is the study of sacrifice. In relation to the theory and practice of crime prevention, we are not talking about victims in general, but only about victims of crime.

The experience of fighting crime shows that in the mechanism of criminal behavior, the personal qualities of people who become victims of crime are significant. The same experience also confirms another truth: the crime might not have happened, and the crime that had begun could have ended without results if the alleged victim had shown forethought and given a proper rebuff to the potential criminal.

Victimology studies crime and criminal behavior from the point of view of their dependence on the personal and role qualities of the victim, his relationship with the offender before and at the time of the crime. The immediate subject of study is the persons or communities of people who were directly or indirectly caused moral, physical or material damage by a crime, as well as those situations that preceded or accompanied the moment of damage.

The behavior of a person, of certain groups of the population, by its nature, can be not only criminal, but also victim, i.e. risky, imprudent, frivolous, dissolute, provocative, dangerous to oneself.

Victimological prevention is a specific activity of social institutions aimed at identifying, eliminating or neutralizing factors, circumstances, situations that form victim behavior and cause the commission of crimes, identifying risk groups and specific individuals with a high degree of victimization and influencing them in order to restore or activate them. protective properties, as well as the development or improvement of existing special means of protecting citizens from crime and subsequent victimization.

Fighting crime. The fight against crime is an organic unity of three areas:

▪ general organization of the fight;

▪ crime prevention;

▪ law enforcement activities.

The general organization of the fight against crime includes the components discussed below.

1. Information and analytical activities for registering manifestations of crime, studying these manifestations, their causality and determination, the results of the fight against crime at previous stages and evaluating the relevant data. This is done by creating systems of crime records, statistical reporting; current analytical activities of bodies fighting crime; development of criminological research, the use of theoretical generalizations of the information received.

2. Criminological forecasting. A criminological forecast is an assessment of the future state of crime and other criminologically significant consequences of certain management decisions.

3. Determination of a strategy for combating crime. Based on assessments of the criminological situation (i.e., crime, its causality, determination, the state of the fight against it), the forecast and recommendations of specialists in the further fight against crime, the state, as the main subject of organizing this fight, determines its strategy.

4. Programming the fight against crime. There are long-term programming, which maximally reflects the strategy of combating crime, medium-term (usually for two years) and short-term (for a quarter, half a year).

The programming of the fight against crime is linked to the programming of the economic, social and political development of society and the state. Now we can say otherwise: the fight against crime should be an organic part of politics in society - both state and political activities of various non-state structures, institutions of civil society.

5. Legislation in the field of combating crime. Legislative work is closely related to the programming of the fight against crime. If the current law does not ensure the fight against new characteristics of the criminal and criminogenic situation in the country, serious and purposeful work is required to change, supplement laws or create fundamentally new regulations.

6. Implementation of programs to combat crime, their adjustment and coordination of activities to combat crime. Direct support for the implementation of programs to combat crime is multifaceted. It includes management activities, control, selection of personnel, their training, optimal placement, organization of advanced training, retraining taking into account new criminological and broader social realities, development of new technology, resource support for the fight against crime, analysis of the effectiveness of adopted programs and adjustment of implemented programs.

7. Organization and development of scientific research in the field of combating crime. In this case, we are talking about the development of a network of research institutions and the training of scientific personnel, the improvement of research methods, and the introduction of the results of scientific achievements into practice. Along with criminological research, the deployment of interdisciplinary and complex research is essential.

8. Law enforcement. With regard to crime, it includes the application of measures provided by law to persons who commit crimes, and measures to restore the rights and legitimate interests of the victims of these crimes violated by crimes, and to compensate for the harm caused.

Objectives and fundamental principles of the fight against crime. The most important among them are the following.

1. The primacy of preventive activities over law enforcement, and in preventive activities - the primacy of measures to provide social assistance to those in need over the restrictions provided for by law.

2. Application of measures restricting the rights and freedoms of citizens, only in cases of violation of the law and in cases provided for by law.

3. Ensuring the inevitability of the statutory responsibility of the perpetrators for crimes.

4. Implementation of the fight against crime by the whole society, the whole population.

5. Implementation of the struggle in the regime of legality, only within the framework of the constitution of the state, other laws and by-laws that do not contradict it, in compliance with international legal norms.

6. Controlled by the people of the bodies involved in the fight against crime.

7. Comprehensive implementation of the fight against crime.

8. Ensuring the equality of all individuals and legal entities before the law.

9. Economy of criminal repression and application of punishment in the form of deprivation of liberty only in cases where a different decision is fraught with the danger of new victims of crimes and other significant harm.

10. International and bilateral cooperation of states in the fight against crime.

Individual crime prevention. As mentioned earlier, individual prevention is primarily an impact on those individuals who can be expected to commit crimes and their social environment. This type of activity is targeted work with a specific person and his immediate environment.

In a detailed form, the objects of individual prevention of criminal behavior are:

1) antisocial behavior and way of life of a person whose commission of a crime is quite likely;

2) criminologically significant personal characteristics of a person that determine the deformation of his behavior;

3) criminologically significant psychophysiological features (to the extent of their susceptibility to correction, change, treatment);

4) the immediate conditions for the unfavorable formation and life of the individual, primarily in the family, other everyday environment;

5) elements of an unfavorable life situation that objectively have a criminogenic nature and exist for a sufficiently long time.

In order to ensure the effectiveness of individual prevention of criminal behavior, it is important to comply with the following basic requirements:

▪ timeliness;

▪ sequence;

▪ reality;

▪ legality.

The methods of individual prevention of crimes include the method of persuasion, the method of providing assistance, the method of coercion.

The method of persuasion is a complex of educational, explanatory measures carried out in order to change the antisocial orientation of the individual and consolidate its positive social orientation. The main forms of persuasion are: individual and collective conversations, discussion of a person's behavior, establishing individual and collective patronage over him, stimulating participation in socially useful activities.

The method of providing assistance concerns employment, improvement of living conditions, admission to study, organization of leisure, establishing socially useful contacts, planning monetary expenses, and choosing life goals.

The method of coercion is one of the main activities of law enforcement agencies and, above all, the police. Based solely on the law, this method makes it possible to timely prevent the illegal criminal activity of persons under control, to protect citizens from their illegal encroachments.

The main coercive measures include: administrative arrest and administrative detention, fines, compulsory treatment, administrative supervision.

Authors: Vasilchikova N.V., Kukharuk V.V.

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