Volume 03 Issue 02-2023
18
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
I
SSUE
02
Pages:
18-23
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
A
BSTRACT
This article analyzes the criminological description of the criminal and the current state of the organization
of crime prevention, as well as the possibilities of improving this system based on the current problems.
K
EYWORDS
Crime, criminal, punishment, person, criminology, subject.
I
NTRODUCTION
A person is a separate person, an individual who
embodies the social and moral essence. Person is
a concept that means a person who embodies
social, spiritual, moral essence [1]. This concept is
used in all social and humanitarian sciences from
the point of view of its subject. There are different
interpretations of personality. Personality is the
integration of biophysiological, social, spiritual,
moral and aesthetic qualities and characteristics
into a whole and a system of relationships. The
following factors are involved in the formation of
a person:
1)
biological (generation);
2)
natural environment;
3)
cultural environment;
Journal
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Research Article
THE CONCEPT OF THE CRIMINAL AND HIS CRIME RATIO TO
THE SUBJECT
Submission Date:
February 05, 2023,
Accepted Date:
February 10, 2023,
Published Date:
February 15, 2023
Crossref doi:
https://doi.org/10.37547/ijasr-03-02-03
Azizakhon Allanova
Аssociate Professor, Department Of Criminal Law, Criminology And Fight Against Corruption, Tashkent
State University Of Law, Uzbekistan
Volume 03 Issue 02-2023
19
International Journal of Advance Scientific Research
(ISSN
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2750-1396)
VOLUME
03
I
SSUE
02
Pages:
18-23
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
4)
social experience;
5)
relationship with people [2].
The biophysiological aspect of a person is the
events related to individual activities such as
eating, settling down, engaging in sexual
relations, giving birth to a child. The world of
things and relationships that are naturally related
to the formation of a person is called the physical
environment. A person is a cultured creature; a
representative of a certain generation with socio-
historical experience; can also be a subject of
interpersonal relations. These three factors are
important in a person's life and work.
There is no doubt that a person cannot be a
person outside of social relations. But it cannot be
denied that the degree of socialization of a person
is different. For example, children of nursing age
are only potential individuals. People who grew
up in herds of animals and then joined human
society, but could not adapt to it, cannot be
considered individuals [3].
It is difficult to consider mentally ill people as
individuals who are indifferent to any socio-
political and socio-economic changes. A person is
a person who has mastered the experience of
social life, developed his own social position, and
acts as a carrier and creator of social relations.
Aspects such as the type of nervous system, client,
genetic characteristics play a secondary role in
characterizing a person, because they perform
certain social functions.
The concept of "person" inevitably covers the
attitude of a person to socially useful work, how a
person works on himself to form the qualities
necessary for social development [4].
Attitude to work, exercise of one's rights,
fulfillment of one's duties determines the level of
importance of a person in society. For this reason,
people who accelerate social development with
their activities are described as advanced,
progressive people. On the contrary, people who
block the path of development and are satisfied
only with satisfying their basic needs are
backward and even reactionary individuals. It is
impossible to deny the biological nature of a
person, but the biological factor cannot illuminate
the essence of a person. It is not a driving force for
the development of human personality, but one of
its conditions. Certain biological bases sometimes
undergo serious changes under the influence of
social conditions.
Thus, the human personality is a complex
combination of natural and social, material and
spiritual qualities and characteristics. A person is
a dynamic system that has its own personal
(individual) and social experience from society.
This experience is reflected in the person's
attitude to the surrounding environment, his
feelings and behavior. Personality is a specific
existence of social relations that shape a person's
consciousness, feelings and will. The level of
maturity of these relations (first of all, economic,
production relations) determines the level of
maturity of a person.
The issue of personality composition is one of the
important methodological issues.
Volume 03 Issue 02-2023
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International Journal of Advance Scientific Research
(ISSN
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2750-1396)
VOLUME
03
I
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02
Pages:
18-23
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
In sociology, at least three important structural
elements of a person are distinguished: 1) a
person's social status in society, first of all, his
attitude to production - the place of a person in
the system of production relations, to which
social class he belongs; 2) which functions and
roles a person performs;
3) the nature of the motives of a person's life and
activity, the system of interests (social, personal),
needs (material, spiritual), that is, the inclinations
of a person.
The study of the identity of the criminal subject
should be based on the general principles
mentioned above.
The person of the criminal is, first of all, the
person of the subject of the crime. According to
the criminal legislation, the subject of the crime
must have the necessary indicators to find him
exactly the subject. There are three such
indicators: a natural person (in some countries of
the world, the possibility of finding legal entities
as the subject of a crime is provided, which is
difficult to agree with), the person has reached a
certain age (according to the legislation of several
CIS countries, 14, 16, 18 years old, some countries
of the world are criminal and according to the
codes - an even younger age) and sanity.
But only the criminal-legal characteristics of the
subject of the crime are not enough to describe
the person of the criminal. The fact that a
particular subject commits a crime serves only as
a basis for recognizing the existence of the person
who committed the crime.
The identity of the criminal subject includes
various other indicators of a person, which are
mainly related to the characteristics of criminal
behavior. Criminal behavior, first of all, is
determined by the environment that surrounds a
person. But, at the same time, it also reflects
certain inclinations, aspirations, behavioral
motives and goals of a person. Naturally, no
matter what negative characteristics a person
has, if he has not committed a crime, he cannot be
considered a criminal. The state of having
committed a crime characterizes a certain person
as an antisocial person, but does not fully explain
his essence.
In order to fully describe and evaluate the
personality of a criminal, it is necessary to take
into account all the qualities and characteristics
that determine both his positive and negative
behavior, and the share of negative social
characteristics in the system of all characteristics
characteristic of him.
As a phenomenon of social existence, crime is
determined by the specific characteristics of the
individuals who attack social relations. Each
specific criminal act reflects these characteristics.
In the end, the person who commits a criminal act
has a world view that determines his negative
attitude towards social relations - the object of
criminal aggression.
In the science of criminology, the main structural
elements of the person of the subject of the crime
are more fully described. In general, this content
includes socio-demographic, socio-ethical, socio-
psychological, socio-legal characteristics that
Volume 03 Issue 02-2023
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International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
I
SSUE
02
Pages:
18-23
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
determine specific characteristics and features of
the criminal.
Here are some important proposals of
criminologists about the criminal personality
scheme. According to R. Dushanov, the
personality of the criminal is a set of the
criminal's main intellectual and spiritual
qualities, mental and physical condition [5]. The
concept of a criminal personality uniquely
expresses the social characteristics of a criminal,
that is, it serves to reveal the "social image" of a
person. That is why in criminology, a person is
described from the point of view of material
reality - height, stature, eyes, eyebrows, etc., while
in criminology, a person is defined through his
social circumstances [6].
The criminological description of the criminal, the
various aspects of the social life and life
experience of the person who committed this or
that crime, which are directly or indirectly related
to the anti-social behavior of the person, and
which condition or facilitate the commission of
the crime, or help to understand the reasons for
its commission, and is seen as a system of signs
(symptoms) describing their appearance.
Any person, as a social being, has various
connections and social relations. The variety of
connections, characteristics and signs that
determine the criminal's personality first of all
implies the study of the socially important
characteristics and features of the person who
committed the crime, determining the typological
characteristics of the criminal's personality and
characterizing him as a separate social type [7].
Any criminal act primarily reflects the
intellectual, emotional and moral qualities and
characteristics of a person. Therefore, it is
important for criminology to determine the
objective indicators of these qualities and
characteristics, to study the stages of their
deformation. Based on this, he can create a
comprehensive classification of criminogenic
factors that determine the personality of the
criminal and his criminal behavior in the social
sphere.
In this case, socio-demographic characteristics -
gender, age, family and social status, education,
profession, etc. help to determine the criminal
activity of different social strata of the population,
to monitor the age and gender characteristics of
the persons who committed the crime.
Researching the family and social situation of a
person helps to determine the criminogenic
factors and circumstances that influenced the
formation of the personality of a particular
criminal [8].
The socio-psychological description provides an
opportunity to study the mechanisms of "person-
environment" interaction, to determine adverse
conditions that affect the formation of the
criminal's personality. Analysis of the spheres of
emotions, intellect and will allows to draw
conclusions about motivational processes of
individual criminal behavior, to identify specific
motives and reasons for crime [9].
In particular, intelligence determines the level of
mental development of a person, the extent and
depth of his knowledge of the surrounding
Volume 03 Issue 02-2023
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VOLUME
03
I
SSUE
02
Pages:
18-23
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
environment, the content, scope and extent of his
educational interests, and the extent of his social
relations.
A person's field of emotions shows the strength,
balance and mobility of his nervous processes
(client), level of emotional sensitivity, etc.
Characteristics of a person's will describe his
ability to consciously regulate his activities, make
decisions and implement them, and achieve his
goals. They are manifested in such qualities as
diligence, consistency, initiative, resourcefulness,
determination, self-control, and cheerfulness[10].
Social-psychological analysis ultimately allows to
understand the mechanism of action of the direct
causes and conditions affecting the criminal
behavior of a person. It helps to illuminate the
content of the criminal's antisocial orientation,
his views and inclinations, needs and interests
that have acquired a negative image. All this, in
turn, it helps to identify the factors that motivated
the crime.
Any behavior, including criminal behavior, has a
socio-moral content and criteria, embodies the
moral characteristics and qualities of a person.
Moral knowledge and moral attitudes are among
the main factors of controlling the behavior of a
person. Any defects and defects in these factors
significantly affect the behavior of the individual.
Therefore, the moral description of a person
includes all moral qualities and characteristics
that form his spiritual and moral image. At the
heart of this description are views of good and
evil, conscientiousness and duty, honor and
dignity. These qualities and characteristics reflect
the level of spiritual maturity of a person and
determine his every action and behavior [11].
Spiritual sensations, moods and attitudes are also
manifested in the conscious activity of a person.
Therefore, their criminological study is very
important.
The social characteristics of a person are mainly
characterized by his place in society, community,
microenvironment, that is, his social status[12].
All the above-mentioned signs of a person cannot
be considered as criminogenic signs. But
depending on their positive or negative social
significance, the interrelationships between them
can have an effect on the manifestation of a
certain behavior of a person in an acceptable or
unacceptable direction [13].
Finally, the criminal-legal description of the
criminal is based on criminal-legal categories (for
example, the type of crime committed and its
severity, participation in the commission of the
crime, general and special recidivism, the level of
moral recovery of the criminal, etc.) allows you to
create a portrait.
Thus, the personality of the subject of the crime is
a specific set (system) of socially significant and
individual signs, properties, characteristics and
other indicators that describe the person himself,
as well as various aspects and manifestations of
his life and activity[14].
So, a criminal is a socio-legal concept that
represents a natural person who has the
characteristics of a criminal subject (sanity and
Volume 03 Issue 02-2023
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International Journal of Advance Scientific Research
(ISSN
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2750-1396)
VOLUME
03
I
SSUE
02
Pages:
18-23
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
age of criminal responsibility) and whose guilt
has been proven in accordance with the law.
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