Криминология. Криминологическая характеристика профессиональной преступности (конспект лекций)

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Криминология. Криминологическая характеристика профессиональной преступности (конспект лекций)

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Topic 13. Criminological characteristics of professional crime

Professional crime is a type of criminal activity that is the main or only source of livelihood for the subject, a stable type of criminal activity (specialization), requiring certain knowledge and skills from the offender, assuming the presence of stable ties with the antisocial (criminal) environment.

The main types of professional criminal activity are such crimes as fraud, theft, buying and selling of stolen property, counterfeiting. Within these types of crimes, there is a narrow specialization that gives rise to many so-called criminal "professions". In modern conditions, such types of offenses as pseudo-entrepreneurship, fictitious bankruptcy, production and sale of counterfeit securities, credit cards, other payment documents, crimes in the field of computer information, as well as those that have recently become "usual" should be added to the list above. contract killings.

The existence of professional crime in the former USSR and today's Russia was recognized only recently. In the 1930-1980s. it was believed that professional crime in the USSR was completely eliminated as a relic of tsarism. Indeed, in the USSR such criminal "professions" as safe-crackers (the so-called safe-crackers), swindlers using fake jewelry and others have practically disappeared, but card sharpers, pickpockets, house thieves, etc., remained and "thrived". Very widespread in the 1970s. received such a new type of activity as the underground production of consumer goods, which in those years was considered criminal and unacceptable. But this phenomenon did not officially exist, therefore the causes and conditions of professional crime were not studied and no statistics and records were kept on this phenomenon.

Personality of a professional criminal. Since professional crime stems from a special recidivism, i.e. repeated repetition of homogeneous (identical) crimes, or rather, repeated commission of crimes of the same composition (only burglaries or only theft of vehicles, etc.), then everything said earlier about the individual A repeat offender can also be classified as a professional criminal, but with some additions. The main distinguishing feature of a professional criminal is most often his mandatory knowledge and observance of criminal traditions and customs, criminal jargon, knowledge of which he acquires in the process of learning the criminal “profession” and during further activities. Professional criminals represent the most active, dangerous, and malicious group of criminals; they are characterized by high criminal activity and the most stable (consistent) antisocial behavior.

Causes and conditions of professional crime. Among the reasons causing professional crime, it is first of all necessary to highlight one very specific reason, namely the existence of criminal traditions and customs. They arose and were established over a long period of time and even many centuries. It is with the help of traditions and customs that the criminal community, and in professional crime it is also a caste community, reproduces itself and contributes to the protection, safety and “prosperity” of its members.

However, the traditions and customs themselves, being catalysts for criminogenic processes and the conditions for the existence of professional crime, are predetermined by social prerequisites, among which the following can be distinguished:

▪ material inequality. Let us note that inequality itself is neither the cause nor the condition for the emergence of professional crime; it becomes dangerous only when individual members of society in one way or another begin to rob it and live at the expense of its other, law-abiding members. Mismanagement and lack of proper control on the part of the state lead to the intensification of plunderers of state property, who turn certain sectors of the national economy into a source of their enrichment. In addition, during the transition to a market economy, the stratification of society into rich and poor has increased, and the principle of enrichment at any cost has become prevalent;

▪ reducing the social role of family, culture, changing views on material values. In modern Russia, a culture of power and the omnipotence of money, which makes a person “cool” and independent, have begun to be preached. This played a big role in the influx of young people into the ranks of criminals. According to official statistics, in recent years the age of mercenary criminals has sharply and significantly decreased, and this is a clear indicator of the social disorientation of young people;

▪ underestimation by law enforcement agencies of the public danger of professional crime. This is due to the fact that in the former USSR, for more than half a century, the problem of professional crime “did not exist,” that is, it was not recognized by the official authorities, and therefore, no records were kept of such crimes, no work was carried out aimed at preventing professional crime, its causes were studied. The problem of professional crime is not reflected in the legislation - the professionalism of the criminal is not taken into account at all when assigning punishment. In addition, committing crimes becomes an economically profitable business due to the low regulation of compensation for material damage: the criminal can pay for many years and in very small amounts.

Prevention of professional crime. In the prevention of professional crime, criminal legislation plays a significant role, since when we talk about a professional criminal, we do not mean a random criminal, but his malicious type. Consequently, the fight against crime can be strengthened by improving the institution of the totality of crimes in order to maximize the individualization of punishment and the correct qualification of criminal acts.

Among the measures to prevent professional crime, it is necessary to single out measures to neutralize and eradicate criminal traditions and customs, the laws of informal associations. There should be a special program for the re-education of convicts, in which sociologists, psychologists, specialists in subculture could take part. Possible contacts of professional criminals with juvenile delinquents should be excluded.

It is also necessary to maintain a centralized record of professional criminals by category.

It is also expedient to create special units in the internal affairs bodies, develop new forms and methods for detecting and suppressing criminal activity, developing economic impact measures to create conditions under which it will be unprofitable to lead a criminal lifestyle.

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

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