Право і безпека (Sep 2021)
The identity of the offender as an element of forensic characteristics of premeditated murder of a hostage or a kidnapped person
Abstract
Scientific research and forensic practice on the identity of the offender who committed the premeditated murder of a hostage or a kidnapped person are analyzed. The content of such a criminal person’s typology in the system of forensic characteristics of crimes against human life and health is revealed. A review of modern definitions is made, the essence and concept of the person of the criminal who committed premeditated murder of the hostage or kidnapped person is analyzed, as well as its main features are analyzed and the typology of the person of the criminal who committed premeditated murder of the hostage or kidnapped person is developed. Based on research using the method of generalization of practice and statistics, the following definition of the offender who committed the premeditated murder of a hostage or kidnapped person is proposed: the offender is a subject of crime, which in his or her inherent manner of behavior, formed under the influence of socio-political, moral and ethical, biological, economic, psychological and legal norms in combination with other circumstances, with direct intent, committed actions aimed at hostage-taking or kidnapping, which subsequently led to the death of the victims. It is concluded that as of now this issue is not fully disclosed. Although the identity of the perpetrator of premeditated murder has been repeatedly investigated in the forensic aspect, usually within the general framework of crimes against life and health of a person, but domestic science does not sufficiently cover the identity of the offender who killed a hostage or kidnapped person, its concept and typology are still insufficiently studied. Based on a comprehensive comparative study, the following typology of the identity of the offender who committed the premeditated murder of a hostage or kidnapped person is proposed: 1) selfish persons; 2) pathologically rigid persons; 3) situational persons. At the same time, their content is revealed. It is noted that in practice, knowledge about the identity of the offender who committed the premeditated murder of a hostage or kidnapped person is important and necessary, especially at the stage of prevention and prevention of juvenile delinquency, especially among those who have previously been prosecuted.
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