11
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
This scientific article deals with the issues of criminological characteristics of the personality of a person who has
committed a crime in the family. In addition, in the study of the criminological characteristics of the personality of a
person who has committed family and domestic crimes, we are of the opinion that it is inappropriate to single out the
general concept of "the personality of the offender", and based on the analysis of the results of scientific research,
appropriate recommendations have been developed.
KEYWORDS
Criminology, characteristics, personality of the person who committed the crime, family, criminal law, signs, socio-
demographic, moral and psychological, offender.
INTRODUCTION
Among the various criminological problems, one of the
main and at the same time complex, controversial and
least developed is the problem of the criminal's
identity. At the same time, it continues to be relevant,
since the causes of an individual crime, as well as the
causes of crime, cannot be understood without taking
into account the identity of the offender. According to
V.D.Malkov, the identity of a criminal is understood as
Research Article
CRIMINOLOGICAL CHARACTERISTICS OF THE PERSONALITY OF THE
PERSON WHO COMMITTED A CRIME IN THE FAMILY
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue05-03
Niyozova Salomat Saparovna
Doctor of Law, Professor of the Department of Criminal Law, Criminology and Anti-Corruption, Tashkent
State University of Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
12
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
a person who has committed a crime in which his
antisocial orientation has manifested itself, reflecting a
set of negative socially significant properties that, in
combination
with
external
conditions
and
circumstances, affect the nature of criminal behavior
1
.
In turn, Antonyan and Kudryavtsev understand the
criminal's personality as "a set of socially significant
negative properties integrated into it, formed in the
process of diverse and systematic interactions with
other people. This personality, which is the subject of
activity, cognition and communication, of course, is not
limited only to these properties, which, moreover, are
amenable to correction. At the same time, the social
nature of the criminal's personality makes it possible to
consider her as a member of society, social groups or
other communities, as a carrier of socially typical traits.
The inclusion of the criminal in active and useful group
communication acts as an important condition for his
correction
2
.
Also, it is impossible not to agree with the opinion of
K.E.Igoshev that "knowledge of the typical in a criminal
allows you to constantly improve the system social
control, increase the effectiveness of preventive
measures, improve preventive and educational work
3
.
In studying the criminological characteristics of the
personality of a person who has committed domestic
crimes, we are of the opinion that it is inappropriate to
single out the general concept of "criminal
personality". Due to the fact that this may lead to a
change in the opinion of society on the person who
1
Criminology: Textbook for universities / edited by prof. V.D.
Malkov. 27th ed., reprint. and additional – M.: CJSC
"Justicinform", 2006. –528 with
See: The identity of the perpetrator. Antonyan Yu. M.,
Kudryavtsev V. N., Eminov V. E., 2004 © Publishing House
"Law Center Press", 2004.
committed the crimes. From another point of view, it is
impossible to reject the fact that there is a certain
category of people who have a set of negative, criminal
qualities and character traits. A person who has
committed a crime in the sphere of family and
household relations is characterized by the presence of
such a structure of moral and psychological properties
and characteristics (views, aspirations, moods, etc.),
which orients her to choose an antisocial behavior
option and, in a certain situation, leads to such a
choice.
It is therefore important to investigate these
situations. Victimology examines not only the “victim”
himself, but also why, in what situations he becomes a
victim of crime, the emergence (formation) of a
criminal situation, the extent to which it influences the
formation of a criminal motive.
A comparative analysis of the gender data of about 200
victims of homicide, grievous bodily harm, torture, and
rape revealed that 38% of homicide victims were men,
40% were women, and 22% were minors. 30% of victims
are men, 50% are women, 20% are minors, 78% are
victims of torture, 22% are minors, 76% are women with
threats to kill or injure, 24% are minors, touch 76% of
women, 24 percent are minors.
According to the results of research, female persons
are victims in 75.8% of cases of domestic violence. For
example, women become victims in 70% of cases of
threats of murder or causing serious harm. As the study
conducted by scientists has shown, most often victims
of pressure in the family are the wives (cohabitants)
2
See: The identity of the perpetrator. Antonyan Yu. M.,
Kudryavtsev V. N., Eminov V. E., 2004 © Publishing House
"Law Center Press", 2004.
3
Criminology. General, Special and Special parts. Igoshev.
K.E., 2009. –p.34
13
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
(48.1%), children (15.6%), as well as the parents (14.2%)
of the culprit. In addition, these crimes are committed
against spouses (cohabitants) (5.1%), sisters and
brothers (3.8%), as well as other family members or
relatives of the perpetrators - grandfathers,
grandmothers, grandchildren, uncles, aunts, nephews,
parents and siblings of husbands (cohabitants) and
others (13.2%). Overall, members of the female family
own an overstated degree of victimization, the
proportion of which among all the victims of domestic
violence crimes learned is 75.8%
4
.
The identity of the criminal, on the one hand, is a
general sociological opinion, on the other - a legal one.
It probably means that it is impossible to look at the
person of the criminal in isolation from his social
essence, beyond the relationship with the entire
system of public relations in which he is connected.
Man as a social being unfolds in unchanging countless
and
difficult connections
with
the
external
environment, specifically the external conditions
characterize the difficult and changing process of his
formation. As a result, it turns out that the personality,
representing the product of a difficult interaction of
the psychophysiological parameters of a person and
the social environment, together with that works as
the basis and spring of personal upcoming formation.
External favorable conditions and educational action
on an individual do not always have a positive effect
and do not necessarily have a consequence of moral
reason and behavior. Therefore, the purpose of the
study is to characterize not only the identity of the
person who committed the crime but also the signs, as
well as the reasons that caused the crime.
4
S.S.Niyozova. Prevention of Crime in the Family and the
Role of Victimology in the Republic of Uzbekistan.
The study of its structural components is considered to
be the main individuality of the knowledge of the
criminal's persona. It displays not only the abundance
of its constituent indicators, but also their different
role in the etiology of lawless behavior. The structural
components of the criminal's personality are divided
into 3 types: Criminal and legal signs; Socio-
demographic; Moral and psychological.
The most important in understanding the specifics of
the criminal's personality is the criminal - legal
characteristic. It reflects the degree of social
deformation of the personality, its special properties,
allows you to identify the most significant signs of
persons who have committed crimes. Such signs
include the orientation and motivation of criminal
actions, the duration, intensity of criminal activity and
the presence of convictions for it, role participation in
a specific crime, the degree of preparedness
(organization) for the crime, attitude to its
consequences.
The socio - demographic substructure includes such
personality traits as gender, age, education, social
status, occupation, national and professional
affiliation, marital status, level of material security,
belonging to the urban or rural population, etc.
In the structure of the criminal's personality, a
particularly important place belongs to its moral and
psychological characteristics. It is these signs that
allow you to get to know the inner content of the
personality more deeply. First of all, we are talking
about ideological and moral traits and properties:
International Journal of Advanced Science and Technology
Vol. 29, –No. 3, (2020), – pp. 3962.
14
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
views, beliefs, value orientations, life aspirations and
expectations
5
.
Let's analyze several signs of the identity of criminals
who commit domestic crimes. First of all, this is a
gender trait. Crimes in the sphere of domestic violence
are committed in 85% of cases by males. At the same
time, they commit the most dangerous domestic
crimes compared to crimes committed by women.Of
criminological interest is the comparison of the
proportion of women who have committed domestic
crimes with their proportion in the general contingent
of persons committing crimes.
Such differences in male and female crime are
explained by a complex set of social factors that
determine the behavior of men and women. In relation
to crimes in the sphere of everyday life, crimes against
the person committed in acute criminogenic conflict
situations and caused by negative aspects of domestic
relations occupy a significant share in the general
structure of female crime. This situation is determined,
apparently, by the residual phenomena of the actual
inequality of the sexes in everyday life, aggravating
intra-family relations, unjustified difference in the
position that a woman occupies in the system of social
relations and in the performance of household
responsibilities,
negative
phenomena
and
contradictions arising from the mismatch of
production and family roles. In this regard, the further
development of the process of women's emancipation
and strengthening of their status, the elimination of
imbalances in various spheres of life and the correct
combination of industrial and family roles performed
by women in society, the rapid and effective
5
Criminology: Textbook for universities / edited by prof. V.D.
Malkov. 27th ed., reprint. and additional – M.: CJSC
"Justicinform", 2006. – 528 p.
unblocking of criminogenic conflict situations in
everyday life, and others are of great importance in
preventing crimes and other offenses committed by
women in the sphere of everyday life. general and
special preventive measures
6
.
In recent years, the attention of criminologists has
been attracted by the explanation of the differences in
the nature of female and male crime. Two issues are of
particular interest.
1.
Why is there a gender gap in crime: why are
women's crime rates always and everywhere less
than men's, especially for serious crimes?
2.
Why does this gap persist for a long time and does
not depend on social conditions?
7
.
Answering these questions, scientists argued that two
massive factors attributed to ladies interfere with
female criminality: role-playing duties and the
presumption of female nursing function and hopes
associated with the beauty of a lady and her sexual
virtues. Similar ideas apply firm limits on the probability
of ladies learning criminal efficiency. Women are
rewarded even more than men because of the creation
of a family, the maintenance of relationships in it and
nutrition; and the limitations imposed on ladies by
responsibility because of children are more than
obvious. Most of all, the identification of women is
often influenced by the identification of those men
who are in their lives. If representatives of the stronger
sex are suitable generally On the other hand, such
dependent identification often pushes women to play
the role of accomplices of their spouses or lovers
involved in criminal activity. The standards of
6
Shestakov D.A. Family criminology. – St. Petersburg, 1996.
– pp. 157-159.
7
Criminology / Edited by J.F.Sheli / Translated from English –
St. Petersburg:. 2003. – 864 s
15
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
femininity presuppose a perfect antagonism to those
qualities that are valued in the subculture of the
lawless grid.
Women commit crimes in the sphere of family life, as a
rule, in the presence of victim behavior of the victim -
the husband or cohabitant (systematic drunkenness,
constant conflicts, threats, torture and other facts of
antisocial behavior). Almost half of the domestic
crimes committed by women were largely due to the
deformation of their own personality (drunkenness,
sexual promiscuity, etc.), or was the end of a domestic
conflict caused by the antisocial behavior of the guilty
8
.
As we can see, based on the above, women are more
likely to commit a crime when the victim is in a
victimized position. Also, it is worth noting that
compared to men, women are more likely to refuse to
commit a crime based on concern for other people.
This may stem from gender differences in moral
development and socialization, aimed at a greater
degree of empathy, understanding of the needs of
other people.
Let's move on to another criminological characteristic
of the criminal's personality. Age. The age
characteristics of criminals allow us to judge the
degree and intensity of the manifestation of
criminogenic activity and the features of criminal
behavior of representatives of various age groups. In
particular, crimes committed by young people are
more often aggressive, impulsive in nature, while older
8
Minskaya V.S., Chegel G.I. Victimological factors and the
mechanism of criminal behavior. –Irkutsk, 1999. – p. 74
9
Criminology: Textbook for universities / edited by prof. V.D.
Malkov. 27th ed., reprint. and additional – M.: CJSC
"Justicinform", 2006. – 528 p.
10
S.S.Niyozova. Prevention of Crime in the Family and the
Role of Victimology in the Republic of Uzbekistan.
people, on the contrary, are characterized by more
deliberate commission of crimes
9
.
The conducted studies demonstrate that among those
who have committed crimes in the sphere of domestic
relationships, 2 age categories differ with greater
criminogenic vigor - persons 18-30 and 31-40 years old.
This is not accidental and is largely connected with the
social status of persons of the marked age groups.
Of particular interest is a subgroup of people 25-30
years old, i.e. the age of active marriage and family life,
the formation of family relations, assuming new
responsibilities, norms of behavior, etc. In this crucial
period of life, there is often maturation and
aggravation of intra-family contradictions, resolved, as
a rule, in the form of interpersonal conflicts
10
.
But, in turn, Antonyan and Gorshkov studied the age
categories of persons committing domestic crimes
differently. According to criminological studies, the
age of "family" malefactors is characterized by the
following: the proportion of the age category of 14-17
years was 10.4%; 18-29 years - 55.3%; above 30 years -
34.3%. What touches of all premeditated murders and
attempted murders, then the average proportion of
such age groups was distributed as follows: 14-17 years
- 11.5%, 18-29 years - 34.5%; above 30 years - 54%. Thus,
there are approximately the same number of "family"
murderers among those who have not reached the age
of majority as among all murderers
11
.
International Journal of Advanced Science and Technology
Vol. 29, No. 3, (2020), – pp. 3962
11
The identity of the criminal. Antonyan Y. M., Gorshkov I.V.,
Zulkarneev R.M. 2004 © Publishing House "Law Center
Press", 2004.
16
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
In the variants of the murder of young children, the
personal personalities of the murderous fathers come
to the fore: ruthlessness, selfishness, extreme
immorality, bitterness and other base traits. The
distinctive individuality of such crimes is considered to
be the fact that they are traditionally made by persons
who have previously been repeatedly convicted of
various crimes, including against the person and who
support practical marital affairs with the mothers of
the victims. But it should also be noted about the
crimes of children against their parents
12
.
The pretexts for killing children of their own parents
can also be constant reproaches from the extreme
against their own children (more often only sons)
because of their rowdiness, parasitism at the mother's
expense, etc., especially this is typical for previously
convicted
13
.
At the same time, anger in such variants has the
opportunity to be focused on at least some family
member, but since more often only the reproaches of
such a family come from mothers, they become
victims.
The next sign defining the characteristics of the
criminal's personality is the formation of a person who
has committed a crime in the field of family and
domestic.Educational and intellectual levels largely
determine the nature of the crime. This is
understandable, since these qualities significantly
affect the range of interests and needs, the direction
of communication and pastime, and, ultimately, the
way a person behaves. Criminological studies show
12
S.S.Niyazova, F.X.Khudoykulov Criminal responsibility for
the deliberate murder of the mother's own baby. Tutorial / /
responsible editor: yu.f.d., professor F.See also [edit]
13
Otaboev B., Kumar R. THE CONCEPT AND ESSENCE OF
CRIMINAL PUNISHMENT AND SIGNS OF CRIMINAL
PUNISHMENT IN THE LEGISLATION OF THE REPUBLIC OF
that persons with a higher degree of education commit
official and economic crimes, while those who commit
hooliganism, personal attacks, theft, robbery and
robbery, as a rule, have a low level of education
14
.
The next feature of criminal behavior is the occupation
of the person who committed the crime. As Malkov. VD
correctly
notes,
"In
the
socio-demographic
substructure of the criminal's personality, data on
social location, occupation and professional affiliation
(worker, employee, representative of a separate
worker of efficiency, student, pensioner, a person who
is not engaged in socially useful work, etc.) are of
fundamental criminological importance. These data, in
particular In particular, they demonstrate in which
spheres of public life and in which social groups certain
offenses are common, which branches of the ethnic
economy are more susceptible to criminogenic effects,
from which social and professional groups malefactors
are most often "recruited".
Speaking about the professional employment of
persons who have committed a crime, I would like to
note that most of the persons who have committed
crimes in the sphere of family and everyday life are
considered workers. This is probably explained not by
some special criminality of this social category, but
above all by the superiority of workers in the structure
of the able-bodied functional population of the
country. Criminals who did not work anywhere at the
time of the crime and did not study anywhere, are
mostly represented by drunkards, mentally unhealthy
and
mentally
unstable
persons.The
lack
of
employment of an able-bodied person by work or
UZBEKISTAN //World Bulletin of Management and Law. –
2022. – Т. p – p. 29-33.
14
Criminology: Textbook for universities / edited by prof. V.D.
Malkov. 27th ed., reprint. and additional – M.: CJSC
"Justicinform", 2006. – 528 p.
17
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
study has a huge criminogenic meaning, since it
deprives him of the ability to earn an honest livelihood,
alienates a lot of free time, which can be used by him
contrary to the interests of society and positive
relationships in the team. At the same time, the lack of
employment with socially necessary work deprives the
family of unchanged means of livelihood or sharply
reduces its budget. Family relations are further
sharpened by the fact that a huge part of the marked
persons abuse alcoholic beverages.
Based on the above, it can be determined that the
study of the criminological characteristics of the
criminal's personality gives us the opportunity to study
the cause-and-effect relationships underlying the
crimes under consideration, ensures the application of
adequate knowledge to the object of preventive
means of influence. Having studied the criminological
characteristics of the criminal's personality in the
family, it can be concluded that the direct study of the
characteristic features of the personality helps to
develop preventive measures. Based on the research
conducted by scientists, as well as, according to a
survey of law enforcement officers, it can be
concluded that in 80% of cases, crimes in the family are
committed by men. Scientists and experts explain this
fact by the fact that men's faces have aggression,
rudeness and strength, which exceeds several times
the similar signs in women. Women, in turn, have such
characteristic features as jealousy, which is
fundamental. Speaking about the age of persons
committing crimes in the family, the age limit from 18
years to 40 years is very criminogenic. Because it is
during this period of life that people experience
problems, life difficulties, cravings for alcohol and
drugs. . Also, employees of the internal affairs bodies
claim that more than half of the criminals have criminal
records.
In conclusion, the scientific and theoretical study of the
issue of the identity of the offender is one of the most
important issues of today.
It should be noted that antisocial acts committed by
individuals in different historical contexts and in
different societies have been evaluated differently. In
this regard, various scholars have expressed their
views. We also want to draw some conclusions about
the causes of crime as we study the personal problems
of the offender.
First, non-social phenomena, including crime, have
their causes only within the framework of social
relations, and therefore acquire a predominantly social
character. In general, it covers the economic
conditions of life, human psychology, its needs,
interests, behavioral motives and goals, the
relationships of people in small and large social groups
(family, industrial relations, immediate environment),
attitudes,
beliefs,
values
and
goals.
takes
Consequently, the problem of the causes of crime
should be studied from the perspective of social
institutions.
Second, it would be methodologically incorrect to
point to crimes and any single cause of crime. The
reason is a complex phenomenon. True, here the
decisive, primary, primary and secondary, superficial,
external and internal, objective and subjective causes
can be distinguished.
Third, a one-sided but multi-faceted approach to the
problem of the causes of crime is possible, as
evidenced by the history of research related to its
explanation.
18
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
11-18
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
REFERENCES
1.
Criminology: Textbook for universities / edited by
prof. V.D. Malkov. 27th ed., reprint. and additional
– M.: CJSC "Justicinform", 2006. –528 with
2.
See: The identity of the perpetrator. Antonyan Yu.
M., Kudryavtsev V. N., Eminov V. E., 2004 ©
Publishing House "Law Center Press", 2004.
3.
Criminology. General, Special and Special parts.
Igoshev. K.E., 2009. –p.34
4.
S.S.Niyozova. Prevention of Crime in the Family
and the Role of Victimology in the Republic of
Uzbekistan. International Journal of Advanced
Science and Technology Vol. 29, –No. 3, (2020), –
pp. 3962.
5.
Criminology: Textbook for universities / edited by
prof. V.D. Malkov. 27th ed., reprint. and additional
– M.: CJSC "Justicinform", 2006. – 528 p.
6.
Shestakov D.A. Family criminology. – St.
Petersburg, 1996. – pp. 157-159.
7.
Criminology / Edited by J.F.Sheli / Translated from
English –St. Petersburg:. 2003. – 864 s
8.
Minskaya V.S., Chegel G.I. Victimological factors
and the mechanism of criminal behavior. –Irkutsk,
1999. – p. 74
9.
Criminology: Textbook for universities / edited by
prof. V.D. Malkov. 27th ed., reprint. and additional
– M.: CJSC "Justicinform", 2006. – 528 p.
10.
S.S.Niyozova. Prevention of Crime in the Family
and the Role of Victimology in the Republic of
Uzbekistan. International Journal of Advanced
Science and Technology Vol. 29, No. 3, (2020), –
pp. 3962
11.
The identity of the criminal. Antonyan Y. M.,
Gorshkov I.V., Zulkarneev R.M. 2004 © Publishing
House "Law Center Press", 2004.
12.
S.S.Niyazova,
F.X.Khudoykulov
Criminal
responsibility for the deliberate murder of the
mother's own baby. Tutorial / / responsible editor:
yu.f.d., professor F.See also [edit]
13.
Otaboev B., Kumar R. THE CONCEPT AND
ESSENCE OF CRIMINAL PUNISHMENT AND SIGNS
OF CRIMINAL PUNISHMENT IN THE LEGISLATION
OF THE REPUBLIC OF UZBEKISTAN //World
Bulletin of Management and Law. – 2022. – Т. p –
p. 29-33.
14.
Criminology: Textbook for universities / edited by
prof. V.D. Malkov. 27th ed., reprint. and additional
– M.: CJSC "Justicinform", 2006. – 528 p.
