Міжнародна та національна безпека: теоретичні і прикладні аспекти
Криміналістичні аспекти дослідження особи злочинця в умовах воєнного стану
The identity of the perpetrator is the subject of many legal studies, in particular forensic studies. With the release of the fundamental work of G. Gross «Manual for Forensic Investigators as a System of Forensics» (1892), a new stage was formed in the study of the offender’s personality both in the practical activities of authorized persons and the scientific search for the formed science.
Its emergence was a response to the request of society in carrying out the struggle of the relevant State bodies with a significant increase in crime.
The study of properties, specific parties, peculiarities of illegal activity, at the present stage of development of forensic science is carried out in the context of content filling of parts of its system [1]. Thus, «General Theory of Criminalistics», as the first section covers a set of theoretical provisions, general nature, tasks, principles, laws of historical development and place in the system of scientific knowledge, methods of cognition, connections, terms that are basic to other parts of the system. «Forensic engineering» as a section of forensic science, contains a system of theoretical provisions on the basis of which methods and technical means of collecting and using forensic information are developed. «Forensic tactics» - the section of forensic science, which develops theoretical provisions and practical recommendations on the organization and planning of the investigation, the conduct of investigative (search) actions and lines of conduct of participants in criminal proceedings, in particular the identity of the perpetrator. «Forensic methodology» as a section of forensic science is a set of scientific provisions and recommendations for the organization and planning of investigation, as well as the prevention of certain types of criminal offences.
It should be noted that the basis for the formation of effective investigation methods is the forensic characteristic, which, being a relatively new and insufficiently developed scientific category, found among scientists diametrically opposed positions. Their manifestations are evaluated as «phantom» in forensic science, as well as perspective and requiring further research category.
A thorough examination of the existing positions led to the conclusion that they are not justified by those which underestimate the possibilities of both theoretical and applied nature [2]. Such conclusions are also reached by the scientific community, with well-founded support for the further development of the forensic characteristic as an integral structural element of the criminal investigation methodology.
Supporting the positions of those scientists who defend the expediency of further research of this scientific category, we believe that it is possible to implement them with a focus on all its components. This will broaden the understanding, with the possibility of wider use, of the element of «identity of the offender». In the opinion of P. Matyshevskaya, the concept of «personality of the criminal», in a certain way covers a rather wide range of socially significant properties (i.e. traits) of the person, namely personal properties, certain ties and relationships with other people, her moral and psychological world, individual features as well as direct life settings [3].
The rationale for this categorical attitude on the part of the scholars was that, despite the importance of the forensic characterization of certain types of crime, its function has not been sufficiently developed to meet the challenges, facing the science and practice in the field of combating crime [4, p. 23].
This shows the need for a considerable amount of work, in particular the study of this category of persons by analysing their qualitative and quantitative characteristics in order to systematize the accumulated material. However, the military situation makes it necessary to pay attention to the elements of personality that made it possible to commit criminal offences specific to the period in question. Raising the level of theoretical development will facilitate its rational use by practitioners. This will ensure the application of forensic science.
Thus, the application of the information model under consideration is not limited only to the content of its components when building a methodology for the investigation of certain types of criminal offences, a broader theoretical and practical significance.