The role of genesis of crime in the formation of its public danger

The article substantiates that genesis of the nature of public danger of a specific crime and the genesis of the type of criminality represents a socio-moral and psychological nucleus of criminal behavior which is inconsistent with public interests. Firstly, such a nucleus includes the energy originating in one case from the needs of the individual and the other case -the needs of a certain category of people. Secondly, this nucleus directs and fills both a separate crime and the type of criminality with an anti-social content. The influence of genesis of criminal behavior on the degree of public danger of a specific crime and type of criminality is no less important. Its quantitative indices form the measure of public danger of a social phenomenon, the measure, without which it is impossible to imagine the very existence of public danger of both a crime and a type of criminality. Firstly, genesis generates a measure of public danger taking into account the peculiarities of different kinds of public relations protected by criminal law and the measure of opposing personal interests to the interests of other persons, society or the state. The measure of such opposability is largely conditioned by the nature and social value of public relations violated by a criminal behavior. Secondly, genesis generates the measure of public danger of the crime and the type of criminality by quantifying the damage caused by the crime and type of criminality to the object of a criminal-legal protection. Thirdly, a specified measure of public danger is determined by the degree of intensity and effectiveness of criminal behavior that depend on the ways and means used by persons to achieve a criminal result. Thus, a measure of public danger in both cases brings together the content of qualitative and quantitative properties of criminal behavior. Moreover, the qualitative content of the measure is determined by the enshrined in the criminal consequences unity of nature of the violated social relations and the amount of harm caused to them. Nevertheless, the role of genesis in the formation of the public danger of crime and the type of criminality varies. It is characterized by the fact that in the first case, genesis forms both the measure of public danger of the crime and quantitative indicators within this measure. In another case, it forms only the measure of public danger. When quantitative signs of crime are expressed in the circumstances qualifying the crime, these circumstances are essentially separate but more private measures of the public danger of criminal behavior.

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