The comparative analysis of approaches to determining the scope of studying a criminal's personality: the problem and ways to solve it
The subject of the study is the problem of determining the scope of studying the identity of the criminal. The aim of the study is to identify ways to solve the problem of determining the scope of study of the criminal's personality, which is potentially capable of putting an end to a lengthy discussion on the matter. During the research the following tasks were solved: 1. The analysis of the problem on the definition of the scope of studying the criminal's personality was carried out. 2. Advantages and disadvantages of approaches to determining the scope of studying the criminal's personality were singled out. 3. The ways of possible solution of the problem of determining the scope of studying the criminal's personality were considered. Conclusions were made on the basis of the analysis of scientific literature in the areas of forensics and psychology. Special scientific methods used are the method of expert review and synthesis of published independent opinions. Based on the results of the study, the following conclusions were made: 1. The starting point in studying the identity of the criminal is to understand them as an integral entity. 2. A significant difficulty in the forensic investigation of the criminal's personality lies in the choice between the sufficient depth of the investigation of the criminal's personality and following the strict procedural deadlines established in Art. 162 of the Code of Criminal Procedure of the Russian Federation. 3. Discussion of the limits of studying the identity of the criminal in forensic science gave rise to three classical approaches: the general formula, the directions in the study of the criminal's personality and the lists of the properties of the legally significant characteristics of the criminal's personality. 4. Each approach has its advantages and disadvantages and differs from the others by the degree of limitation of the scope of the study of the individual. 5. The solution of the problem of determining the scope of studying the identity of the criminal should be oriented at the depth of the criminal investigation of the criminal's personality, while containing a simplifying algorithm. 6. The scientific decision proposed by NT. Vedernikov, which consists in classifying the very information about the identity of the criminal in the form of formalized lists, largely leads to a final solution of the problem on determining the scope of studying the identity of the criminal. 7. To solve the problem of determining the scope of studying the identity of the criminal, it is expedient to single out the basic research levels of the criminological investigation of the criminal's personality: at the first level, specific personality traits and properties are studied, at the second level specific types of personality are studied, and the personality model is studied at the third level. 8. The most optimal solution to the problem of determining the scope of studying the identity of the criminal is considered to be the application of the biographical method of forensic research of a person to analyze information collected using the list of information about the identity of the criminal.
Keywords
личность преступника, криминалистическое изучение личности, объем изучения личности, дискуссия, подходы, формула изучения личности, направления изучения личности, перечни свойств личности, биографический метод, personality of criminal, forensic study of personality, scope of study of personality, discussion, approaches, formula for studying personality, direction of studying personality, lists of personality traits, biographical methodAuthors
| Name | Organization | |
| Yuan Vladimir L. | Tomsk State University | it-rigon@mail.ru |
References
The comparative analysis of approaches to determining the scope of studying a criminal's personality: the problem and ways to solve it | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2017. № 420. DOI: 10.17223/15617793/420/25