Volume 03 Issue 08-2023
86
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
86-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes issues related to the criminological description of the perpetrators of bullying. Also, the article
examines the opinions of scientists on the characteristics and description of a thug criminal, and gives relevant
suggestions and recommendations.
KEYWORDS
Bullying, perpetrator, person, perpetrator, subject, behavior, individual, causes, factors, description.
INTRODUCTION
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
Research Article
CRIMINOLOGICAL DESCRIPTION OF THE PERPETRATORS OF BULLYING
Submission Date:
August 20, 2023,
Accepted Date:
August 25, 2023,
Published Date:
August 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-16
Berdiyaliyev Bakhtiyor Erkinovich
Independent Researcher Of University Of Public Safety Of The Republic Of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 08-2023
87
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
86-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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.
As noted by Q.Abdurasulova, the identity of the subject
of the crime it should be studied at three levels: from
the point of view of the general concept of the criminal
personality, from the point of view of identifying the
characteristics of criminals belonging to different
categories, and at the level of the person who
committed a specific crime (for example, people who
commit crimes such as theft, murder, defamation,
carjacking, etc.) .
At these levels, the level of studying a person and
identifying his signs can be different, because the level
of generalization (abstraction) here is different. The
identity of the subject of the crime can be relatively
fully described at the level of the person who
committed the specific crime. But the study of
criminals belonging to a certain category (for example,
recidivists, minors, persons who have committed
crimes against property, against the state, violence,
etc.) will shed light on the personality of the criminal in
terms of the characteristics of such persons and,
accordingly, develop certain measures to combat the
relevant categories of crimes. helps out.
At the same time, the general concept of "criminal
personality" is also useful for studying and taking into
account the correlation of human qualities and
characteristics with criminality. In the special literature,
one cannot agree with the opinion of some scientists,
in particular, Professor Yu. D. Bluvshtein, that it is
appropriate to abandon the general concept of
"criminal personality". When analyzing the causes
(factors) of bullying, it is first necessary to study the set
of events, events and processes that require the
commission of this act, feed it, and ensure its increase.
According to the analysis of criminal cases, it was found
that the following factors affect the perpetrators of
bullying: 1) the perpetrator's desire to show his
strength (36%); 2) behavior disregarding the rules of
conduct in society and legal norms (22.5%); 3) falling
under the influence of previous criminals (5.5%); 4)
dissatisfaction with marriage and hatred of others (4%);
5) other motives (revenge, jealousy, hatred, etc.) (32%).
In addition to the above, it was observed that a person
imitates peers, adults, especially minors (7.5%).
Based on the results of surveys conducted in the
research, the promotion of violence in the mass media
has a negative impact on social consciousness, forming
aggressive behavior towards others, or forming moral
retardation, indifference to the pain of others .
The identity of the criminal plays an important role in
the mechanism of committing a particular crime.
Because crime is a product of human thinking. In this
regard, F. Y. Gall believes that "crime is the product of
the person who committed it, therefore, the nature of
Volume 03 Issue 08-2023
88
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
08
Pages:
86-93
SJIF
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FACTOR
(2021:
5.
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(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the crime depends on the nature of this individual and
the environment in which he lives" .
This creates the need to study the identity of the
criminal. Therefore, the identity of the criminal has
always been the focus of researchers' attention as the
main issue of criminology. The person of the criminal is
first of all the person of the subject of the crime .
The concept of "criminal person" who commits the
crime of bullying is closely related to "human person",
which is a social concept in a broad sense. A criminal
person who commits bullying refers to a specific
person who commits bullying as defined by the law,
and "criminal person" refers to the content of his or
her
specific
characteristics
and
behaviors.
E.O.Alakhanov says that the criminal personality is
composed of the words "person" which is a general
social concept and "criminal" which is a socio-legal
concept. Criminal personality is a set of legally
significant political-social, mental and physical
characteristics of a person who has committed a crime.
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 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 .
The concept of the identity of the criminal who
commits bullying uniquely expresses the social
characteristics of the criminal, that is, it serves to reveal
the "social image" of the 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 .
In the legal literature, a criminal person is understood
as a set of social and socially conditioned
characteristics, signs, connections, and relationships
that characterize a person who violates the criminal
law, and simultaneously with other personal
conditions and circumstances, affect his criminal
behavior. The criminal personality is seen as a special
social type, and its characteristics are expressed in "...
the presence of negative social qualities that indicate
the desocialization of the person, as well as the
selection and implementation of negative social roles".
"The content of the majority of human behavior is
determined not by its biological characteristics, not by
the short-term and often accidental impact of external
circumstances, but by the individual's entire life path, "
says N.V. Kudryavtsev.
The higher the excitement and, moreover, the
emotional tension in the emergence of criminal
behavior, the more it affects his mental perception and
will. Therefore, the effect of emotions on the human
mind depends on various factors. A person's emotional
behavior affects some of his organs. Human behavior
is not only causally related to his personality, but also
related
to biological and psychophysiological
conditions .
It can be seen that a bully is a product of the
environment, social and historical conditions. His
spiritual development takes place under the influence
of material and spiritual factors. However, they do not
affect the individual to the same extent. Of decisive
importance - the real material progress of the life and
Volume 03 Issue 08-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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Pages:
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SJIF
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(2021:
5.
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5.
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(2023:
6.
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)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
activity of society belongs to social existence. From a
psychological point of view, minors at this age form a
"hierarchy" of life values, their behavior is affected by
the lack of life experience, the incomplete formation of
the system of social behavior skills, and as a result, the
situational nature of most of the committed actions.
Studying the person who committed the crime is not a
goal in itself. Ultimately, the theoretical foundations of
individual prevention of crimes are criminological
knowledge about the personality of the criminal, the
causes and mechanisms of his criminal behavior .
Criminological description of the criminal who
committed bullying, various aspects of the social life
and life experience of the person who committed
bullying, which are directly or indirectly related to the
anti-social behavior of the person, and which condition
or facilitate the committing of bullying, or help to
understand the reasons for committing it, and is seen
as a system of signs (symptoms) describing their
appearance.
B.V.Volzhenkin suggests dividing the characteristics of
the criminal personality into three groups: 1) general
characteristics of the person as a member of society; 2)
special characteristics of the criminal's personality that
allow him to be distinguished from other citizens, but
are common to all criminals (describing his level of
social danger); 3) specific characteristics of the criminal
character
that
characterize
this
person.
N.T.Vedernikov proposes to divide personality traits
into two groups: a) individualizing traits (information
about a person's biography, financial situation,
physical and mental health); b) social (productive,
political and family) description of the person. Yu.
D.Bluvshtein distinguishes demographic, social, legal,
psychological and biological (medical) characteristics
of a criminal .
A. B. Sakharov initially proposed to divide the
characteristics of the criminal into socio-demographic,
socio-psychological and socio-biological categories.
However, later he changed his mind to a certain extent
and removed the set of biological characteristics of a
person from the list .
The study of the criminal personality allows to draw
conclusions about general criminological factors based
on the generalization of the characteristics and causes
of individual criminal behavior .
However, the study of the identity of the perpetrator
of bullying is not limited to the criminological or
preventive significance. Because information or
knowledge about the identity of the criminal who
committed the hooliganism plays an important role in
solving crimes and exposing the culprits, qualifying the
act, assigning punishment and ensuring their
execution .
Therefore, in Article 54 of the Criminal Code of the
Republic of Uzbekistan (general grounds for
sentencing), it is established that the court shall take
into account the nature of the crime and the degree of
social danger, the reason for the act, the nature and
amount of the damage caused, the identity of the
culprit, and mitigating and aggravating circumstances .
Criminological information about a person who
committed bullying is essentially based on information
about the personality of the criminal and his behavior.
These data are based on positive and negative
interactions of the criminal's individual characteristics
with the social environment that influenced his
formation as a person.
In particular, when talking about the criminological
description of hooliganism, it is necessary to reveal the
characteristics that characterize the person who
Volume 03 Issue 08-2023
90
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
08
Pages:
86-93
SJIF
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FACTOR
(2021:
5.
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)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
committed this crime. In this regard, first of all, it is
necessary to solve a practical task . The way of life of a
person who commits bullying is evaluated as an active
process of decisive importance in his spiritual image,
which, like all socially significant actions, is the result of
a person's personal activity. In each specific situation,
only the person himself decides to commit a crime .
In the person of the bully, such a decision is "existed"
as an internal belief and awareness. In this case, the
person is ready to commit bullying. Although the "bully
person" is a conditional concept, this conditionality
does not exclude the study of such a person
separately. The most important aspect in this matter is
the personality of the person, the specific
characteristics of criminal behavior and lifestyle.
Therefore, V.N. Kudryavtsev, as a separate social
category of a person, the identity of a thug is directly
related to the specificity of criminal behavior. He
believes that it is always necessary to keep in mind that
deviant behavior is qualitatively different from any
other form of social danger . As a "social personality",
it can be considered as a kind of "window" that allows
you to see the circumstances that formed the
personality of the bully. It becomes possible to
determine the social conditions that determine
criminal behavior, which clarifies the individual's
"contribution" to entering the criminal path .
More precisely, it helps to determine the behavioral
system and biophysiological characteristics that
caused the tendency of a person to commit a crime.
"Thug personality" reflects the real-life category of
criminals. This demonstrates the necessity and
importance of criminological research of individuals
who have committed bullying. Constant, continuous
study of the person of the bully allows to systematically
identify and evaluate the unique characteristics,
interests, aspirations, needs and other aspects of this
category of persons, and ultimately serves to form a
database of activities to combat this type of crime.
The information obtained about the bully is useful in
choosing an effective system of measures and specific
preventive methods and tools aimed at having a
preventive effect on this category of persons. It is not
appropriate to identify the signs that are not
characteristic of the "bully personality", because such
an approach does not give results for the theory and
practice of combating the crime of hooliganism, for
this it is necessary to determine only the factors related
to the conditioning of criminal behavior . In this case,
the existence of the following three interrelated
problems is noticeable: the person, the act he
committed and its reasons. In this, one can see the
specific characteristics of the bully, that is, certain
warning and signaling aspects that express the
tendency of the person to commit bullying. Usually,
these aspects serve to make an individual diagnosis of
a person's likelihood of committing bullying in a
specific situation under the influence of one or another
situation in certain life conditions .
herefore, the effectiveness of bullying prevention
cannot be achieved without identifying, studying and
taking into account aspects that indicate a person's
tendency to commit bullying. At the same time,
categorization of the perpetrators of bullying is also
required for differentiation of preventive measures
and individual approach.
The classification of criminals has an important
analytical and preventive value, and it helps to study
the causes of crime more thoroughly and
comprehensively, and to develop a system of crime
prevention
and
forecasting.
Therefore,
the
classification of criminals remains one of the most
Volume 03 Issue 08-2023
91
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
08
Pages:
86-93
SJIF
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FACTOR
(2021:
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5.
705
)
(2023:
6.
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)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
urgent, but still poorly studied, problems of
criminology.
As noted in the literature, the idea of categorization
(typing) of criminals is based on information about
their specific groups. Therefore, G.A.Avanesov
believes that "in order to study the personality of a
criminal and his structure in depth, it is necessary to
understand the unique characteristics of such a
person" . As can be seen, there is a relationship
between personality and structure. Therefore, the
basis of the research is the structure of the person,
because without understanding the structure of the
person, it is impossible to understand the mechanism
of criminal behavior.
In essence, the personality structure has two bases,
one of which is psychological, which determines the
individuality of a person, and the other is social bases,
which determine the social role and experience activity
in one or another social sphere. However, in any case,
the person's identity is studied. It is the criminal
direction of a person's behavior and the factors
determining his personality that are studied.
Any social category of a person is, of course, nothing
more than a generalized form of social relations
expressed in the needs, interests, goals, direction of an
individual. In this sense, in our opinion, there are
various socio-psychological elements in the criminal
personality structure .
So, while giving examples of methodical study of the
identity of criminals, we would like to draw attention
to the need to take into account various typological
criteria in this process. In our opinion, in approaching
the subject of research, this approach can serve as a
general, compatible criteria for dividing the thug
criminal personality into a number of types proposed
by related scientific fields, and a typology based on
motivation.
Summing up from the above, as well as based on the
typological description of the thug criminal determined
according to the scientific tradition and the results of
special cases devoted to this problem, as well as the
conclusions drawn on the basis of our personal
research, according to the nature and content of the
motivation of the crime, in general, criminals can be
divided into the following criminal types:
a) type of violent person - type 6u can include persons
who usually commit acts of violence, murder and
bodily harm in the household. These are persons who
have a negative attitude towards human life, health,
physical integrity, and others;
b) malicious - violent type - a type of person with a very
high level of social danger, who has carefully mastered
anti-social views that involve achieving personal,
primarily material interests by any means, including
putting a person's life on the line;
c) greedy type - the motivation characteristic of the
malicious type of criminals, including the type of
person motivated by the need to ensure family
stability;
g) non-careful type - people who treat the rules lightly,
irresponsibly, indifferently - make up the majority of
those who commit crimes by accident, due to
carelessness;
d) dependent type - representatives of this type are
characterized by committing various crimes due to
addiction to drugs, alcohol or family or work.
Volume 03 Issue 08-2023
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SJIF
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Publisher:
Oscar Publishing Services
Servi
a) random criminals - those who, as a result of random
circumstances, committed a crime contrary to the
general description of their previous behavior;
b) situational criminals - unstable personality traits
and those who committed crimes under the influence
of living conditions;
c) unstable criminals - those who deviated from the
norms of behavior accepted in the society, but
nevertheless did not master them firmly;
g) professional criminals - those who are determined to
achieve their goals by committing crimes.
Presenting this typology based on the nature, depth
and persistence of criminogenic motivation, we
deliberately did not connect it with the official
presence or absence of conviction and recidivism, type
of punishment, age, profession, etc. We also did not try
to focus the typology on the nature of criminal
behavior, this typology has already been sufficiently
considered in the science of criminology. This view
corresponds precisely to the approach based on the
study of the person in the direction of motivation,
because, in our opinion, not every recidivist fits the
type of professional criminal, and it is possible that a
person sentenced for the first time fell into prison due
to random circumstances.
The general conclusion is that almost all criminologists
agree that any classification is conditional to a certain
extent. The classification of criminals can be different,
depending on what criterion is used as a basis for
classification or what is the purpose of the
classification. For this reason, in practice, one can meet
thug criminals who do not fit into any of the above-
mentioned types, and at the same time have "mixed"
characteristics.
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