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ABSTRACT
The article deals with the concept of the principles of crime prevention, studied some ideas and patterns of combating
crime. The authors examines the principles of struggle and methods for reducing crime in foreign countries,
summarizing an analytical review of the views and opinions of some scientists, puts forward some ideas for the
implementation of some models in national legislation.
KEYWORDS
Issues, principles, prevention, delinquency, crime control models, criminal code.
Prevention of offenses is the system of legal, social, organizational and other measures of general, special, individual
and victimological prevention of applied offenses in order to maintain and strengthen law and order, to identify and
eliminate violations, as well as to identify and eliminate the causes of violations and the conditions that allow them..
(Delinquencies prevention Act 2014, Article 3, part 1.)
Research Article
ON PRINCIPLES OF DELINQUENCY PREVENTION
Submission Date:
January 09, 2022,
Accepted Date:
January 20, 2022,
Published Date:
January 30, 2022
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue01-10
Guzalkhon Akhmedova
Tashkent state university of law, DSc, 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.
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INTRODUCTION
Crime prevention, like any other type of meaningful
purposeful activity, is built on the basis of certain
general, universal ideas that reflect the objective laws
of social development and are designated in science by
the term "principles" (from the Latin "principium" -
base, beginning).
Until now, the principles of crime prevention in the
legal
literature
have
been
considered
only
fragmentarily and have not received an unambiguous
classification and meaningful interpretation.
Currently, more than two dozen different fundamental
ideas stand out in literary sources, which, according to
their authors, underlie the process of crime prevention
(prevention), in particular: complexity, consistency,
planning, legality, ethics, scientific nature, validity,
economy,
timeliness
,
optimality,
adequacy,
purposefulness,
stages,
fairness,
humanity,
democracy,
intensity,
continuity,
concreteness,
dynamism, rationality, efficiency, reality, integrity.
Such ideas are often denoted by terms such as: "initial
requirements", "patterns", "basic provisions", and not
the term "principles".
Crime prevention is one of the elements of the system
of measures to combat crime, and the crime
prevention policy is an integral part of the criminal
policy. The general patterns (principles) of combating
crime are, therefore, the basis of crime prevention
activities as one of its subsystems, and the principles of
criminal policy are the basis of the crime prevention
policy. So, Art. 5 of Delinquencies prevention Act 2014
identifies five principles - legality, humanity,
consistency, priority of the persuasion method,
differentiation of measures of influence and an
individual approach.
In the literature, the following are distinguished as the
fundamental principles of the fight against crime:
The priority of preventive activities over law
enforcement, and in preventive activities – the priority
of assistance measures over restrictive measures;
Application of restrictive measures only on facts of
violation of the law;
Ensuring the unavoidability of responsibility of the
guilty persons for crimes;
Carrying out the struggle by the whole society and the
whole population;
Carrying out the struggle in the rule of law;
The control of the personnel of the bodies involved in
the fight against crime;
Carrying
out
the
struggle
against
crime
comprehensively;
Ensuring equality of all individuals and legal entities
before the law;
Saving in criminal repression;
Use of the latest scientific and scientific-technical
achievements, staying ahead of criminals;
International cooperation and bilateral cooperation of
states in the fight against crime.
The system of principles of state policy of combating
crime, along with those indicated, also includes: socio-
economic conditionality, legality, justice, adequacy of
response to each crime, offensiveness.
The principles of state policy in the field of combating
crime (criminal policy) find their concretization in the
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principles of criminal law, criminal procedure, criminal
executive policy, enshrined in the norms of the
relevant branches of legislation. This article is devoted
to the issues of harmonization of national legislation in
order to bring closer to those norms reflected as
international standards.
METHODS
The main methodology in research was used to
compare the systems in different countries. The
authors also studied information from a variety of
information sources. Taking into account the specifics
of the subject matter of this article, the author relies on
information, regulatory legal acts. The results of the
comparative analysis of the crime prevention
programmes? we assume, that would be available to
reconsider some legislative base in crime prevention
process. Suppose, that on the governmental level,
community some shanges will be made to improve the
preventive policy, for example exchanging the
experience in the foreign countries, especially those,
where preventive programm work more effectively/
National legislative framework for the prevention of
offenses
The Criminal Code of the Republic of Uzbekistan calls
its principles: the principle of legality (Article 4 of the
Criminal Code), the principle of equality of citizens
before the law (article 5 of the Criminal Code), the
principle of democracy (Article 6 of the Criminal Code),
the principle of humanism (Article 7 of the Criminal
Code), the principle of justice (Article 8 of the Criminal
Code), the principle of guilty responsibility (Article 9 of
the Criminal Code) and the principle of inevitability of
responsibility (Article 10 of the Criminal Code).
The Criminal Procedure Code of the Republic of
Uzbekistan includes among the principles of criminal
proceedings: legality (Art. 11 of the CPC),
administration of justice only by the court (Art. 12 of
the CPC), the collegiality and uniqueness of the
consideration of criminal cases (Article 13 of the CPC),
the independence of judges and their subordination
only to the law (p. 14 of the CPC), the obligation to
initiate a criminal case (Article 15 of the CPC), the
administration of justice on the basis of equality of
citizens before the law and the court (Art. 16 of the
CPC), respect for the honor and dignity of the
individual (Article 17 of the CPC), protection of the
rights and freedoms of a citizen (Article 18 of the CPC),
open trial of criminal cases in court (Article 19 of the
CPC), the language in which criminal proceedings are
conducted (Article 20 of the CPC), public participation
in criminal proceedings (Article 21 of the CPC),
establishing the truth (Article 22 of the CPC), the
presumption of innocence (Article 23 of the CPC),
ensuring the suspect, accused and defendant the right
to defense (Art. 24 CPC), adversarial proceedings in
court (Art. 25 CPC), spontaneity and oral examination
of evidence (Art. 26 CPC), the right to appeal
procedural actions and decisions (Art. 27 CPC).
The criminal executive legislation of the Republic of
Uzbekistan is based on the principles of legality,
justice, humanism, democracy, differentiation and
individualization of the execution of punishments, the
rational use of coercive means and the stimulation of
law-abiding behavior of convicts (Article 6 of the
Criminal executive code of the Republic of
Uzbekistan). It seems that the principles of the Criminal
executive code would look more purposeful and
comprehensive if they were supplemented with such
principles as the principle of combining punishment
with corrective action; the principle of equality of
convicted persons before the law.
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Being enshrined in the norms of law, the principles of
criminal policy acquire the meaning of legal principles.
Legal consolidation gives the principles the status of
certainty, binding and guarantee of their observance.
According to the degree of generality, legal principles
are subdivided in the theory of law into: 1) general
legal; 2) intersectoral; 3) sectoral.
General legal principles are divided, in turn, into three
groups:
1)
State-political
(principles
of
democracy,
democratism, separation of powers, priority of a
person, his rights and freedoms);
2)
Political and legal (principles of equality, legality,
inseparable
connection
of
rights
and
obligations);
3)
Socio-political (principles of justice, humanism,
combination of persuasion and coercion).
General legal principles are reflected in the Basic
Law of the State - the Constitution of the
Republic of Uzbekistan.
Cross-sectoral and sectoral principles originate in
general legal principles and receive a specific
meaningful interpretation in the norms of the
respective branches of law, depending on the
characteristics of social relations that they are
designed to regulate.
The policy in the field of crime prevention
(criminological policy), being part of the criminal
policy, is built, firstly, on the basis of a certain way
interpreted intersectoral principles of regulation,
which have found consolidation in the system of norms
of the branches of the criminal-legal complex (criminal,
criminal procedure, criminal ), and secondly, on the
basis of their own principles, reflecting the features of
crime prevention activities and social relations arising
in the course of this activity.
Foreign experience
Considering the prevention of crimes in foreign
countries, there is undoubtedly a difference in
prevention activities. So, according to A.Yu. Gordeev,
various traditions and historical experience, the
considered foreign countries used very accessible
resources and innovative technologies to maximize the
efficiency of ensuring public safety in the interests of
society and the individual citizen, while making the
transition from a crisis model of police activity to a
public oriented model - prevention. Continuous
research of public opinion is the main tool for assessing
the activities of law enforcement in foreign countries.
This activity seeks to confirm the image of an effective
state structure that professionally protects the rights
of the population. Improvement of forms of social
control over the actions of law enforcement agencies
as guarantors of observance of universal human rights
and freedoms is topical for developed countries[3].
According to B.C. Welsh, D.P. Farrington, the first step
in the modeling process was the estimation of program
costs and crime reduction effectiveness of the four
alternative interventions. In order to conduct fair
comparisons among these interventions and with the
three strikes law, three main “penalties” were
assigned to the former. These were:
(a)
Targeting: the proportion of the population
targeted by the program who are likely to become
involved in criminal behavior (e.g., children of low
income, teenage mothers for the home
visiting/day care program);
(b)
Decay: the loss of effectiveness after treatment
ends; and
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(c)
Scale-up: the decrease in program effects when a
program is expanded statewide (Greenwood et
al., 1998, p. 16)[4].
For example, in the United States, there are three
models of preventive activity: the public institution
model, the individual safety model, and the
environmental exposure model. Crime prevention
programs are being implemented at the federal and
local levels. In some states, citizen involvement in law
enforcement has reduced the number of robberies by
30%. Here, a reward is used for information of
operational and preventive value .
The analysis of A.M. Zhernovy and ButkoV, M. deserves
attention. In their research emphasize a significant
place in victimological prevention is occupied by the
activity of rehabilitation of victims of crime. In the USA,
for example, in accordance with the Victims of Crime
Act, special programs are organized to prevent re-
victimization. Funding for these programs (in the US,
their View. Reflections. Viewpoint - 69 - there are more
than 2000) is carried out from the federal fund, as well
as funds transferred by the authorities of a separate
administrative-territorial unit where the victim of the
offense lives. Thus, the state program of victimological
prevention in the United States and European
countries consists, on the one hand, in providing
citizens with special information, on the other, in
financing special programs to provide additional
protection of citizens from crime.In European states, in
the Federal Republic of Germany, it has long been
believed that crime prevention is a "by-product" of
police work simply because the self existence of the
police apparatus acts as a deterrent to crime. But since
the 1960s, the police began to widely practice
purposeful work with a public orientation towards self-
defense: to advise the population how, thanks to the
right actions, to self-defense: to advise the population
how, thanks to the right actions, to become a victim of
a crime.
DISCUSSION
The principles of preventive (criminological) policy
should be reflected in the norms of the emerging
industry of preventive legislation. So far, these norms
have not become a separate system within the
framework of an independent source of law, but are
concentrated mainly in normative sources related to
other branches of law, the principles of which,
obviously, extend their action to these norms.
A number of principles of crime prevention, reflecting
the essence and content of the preventive
(criminological) policy of the state, are enshrined in
legal acts, the norms of which are mainly or to a large
extent preventive.
Thus, the Act of the Republic of Uzbekistan – "On the
prevention of neglect and delinquency among
minors", which regulates relations closely related to
the prevention of juvenile delinquency, includes
among the principles: legality, humanity, consistency;
family support and interaction with her; an individual
approach to the upbringing of minors in a socially
dangerous situation (Article 5 of the Act). And here, in
our opinion, there is a lack of such principles as the
confidentiality of obtaining information, state support
for the activities of local self-government bodies and
public associations for the prevention of neglect and
delinquency of minors.
The basic principles of operational-search activity,
formulated in Art. 5 of Operational-Investigative
Activity Act, such as legality (Article 6), priority of
human rights, freedoms and legitimate interests
(Article 7), which are general legal, conspiracy, a
combination of public and private methods, which are
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industry-specific, have direct relation to the principles
of crime prevention, since crime prevention is one of
the main tasks of operational-search activities (Art. 4 of
the Act) [3].
In connection with the current codification of the
preventive legislation, the issue of the principles
reflecting the patterns and trends of preventive
activities,
is
becoming
especially
vital.
The
consolidation in legal norms of the initial provisions,
guidelines, universal rules, in accordance with which
crime prevention activities should be built, can be
carried out in two ways. The most general of these
rules, reflecting the crime prevention strategy, should
be directly formulated in a separate legal norm.
Other general provisions (requirements) expressing
the peculiarities of tactics and methods of
implementing crime prevention measures, can be
formulated both in specific norms of individual legal
institutions and flow from the content of the totality of
norms of these institutions.
Particular importance in preventive activities is the
prevention of penitentiary crimes, which requires a
number of measures. Agreeing with the opinion of V.I.
Belov about the need for such developments as the
activation of the socially positive orientation of
convicts with the aim of their self-realization and the
fight against the spread of the criminal subculture, the
creation of conditions for service in the penal system
that meet European standards[6].
The doctrine of penal law notes that the adaptation of
convicts to places of deprivation of liberty has several
aspects (levels) in the educational, corrective aspect:
social, socio-psychological and psychological. In this
direction, one must agree with the proposal put
forward by N.S. Salayev on the further improvement of
living conditions in institutions for the execution of
sentences, the introduction of innovative pedagogical
technologies into the educational process, and the
strengthening of the professional training of
minors[7].
With the adoption of the Act of the Republic of
Uzbekistan "On the delinquency prevention”, in the
process of delinquency prevention an important role
has been assigned to the participation of citizens' self-
government
bodies,
non-state
non-profit
organizations and citizens in the crime prevention. So,
according to the article 21 of this Act: self-government
bodies of citizens:
Participate in the implementation of state, territorial
and other programs for the prevention of offenses;
Exercise public control over the implementation of
legislation on the prevention of offenses;
Assist law enforcement agencies in ensuring public
order in the relevant territory, including in organizing
registration of the arrival and departure of citizens, in
preventing neglect and delinquency among minors and
protecting their rights;
Take measures to suppress the activities of
unregistered religious organizations, ensure the
observance of citizens' rights to freedom of religion,
prevent the forced imposition of religious views,
consider other issues related to compliance with
legislation on freedom of conscience and religious
organizations;
Together with the assistant inspector of preventive
maintenance for the protection of public order of the
internal affairs bodies, monitors the activities of
members of the public formation “Mahalla Posboni”
(neighborhood guard);
Create conciliation and other commissions;
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Interact with other bodies and institutions that carry
out and participate in crime prevention.
Non-governmental non-profit organizations and
citizens can participate in delinquency prevention by
providing contribution and necessary assistance to
bodies and institutions that carry out and participate in
crime prevention.
When determining the principles of crime prevention,
it is necessary to take into account that the latter one
is a multidimensional type of practical transformative
activity
and
has
organizational,
managerial,
methodological and tactical aspects, is carried out at
the
general
social
and
specially
preventive
(criminological), general and individual levels using
various means, techniques and methods[8]. The
content and list of principles of each of these parties
and levels of the preventive process, the requirements
for the tactics and methodology of using the means,
methods and techniques of preventive (preventive)
exposure are specific, and therefore can and should be
the subject of independent research. This is due, in
particular, to the fact that any law, principle or concept
is true only within precisely defined boundaries, is fair
only in a certain respect, tied to precisely defined
conditions and effects of things, phenomena and
processes, i.e. are relative.
General social prevention of crime in the literature is
defined as an undirected impact on the determinants
of criminality, rendered by the very course of positive,
progressive socio-economic and cultural development
of society.
Measures of general social prevention affect all types
of causes and conditions of criminality and have such
features as scale, radicality, complexity and continuity.
Some criminologists pay attention to such features of
general social prevention of crime as historical
duration, absolute continuity, comparative slowness,
indirect nature of the impact, the presence of elements
of spontaneity and inconsistency of impact.
Crime
prevention
at
a
specially
preventive
(criminological) level is a targeted impact on the
determinants of crime. Identification and elimination
(blocking, neutralization, limiting the scope) of
criminogenic phenomena and processes are the only or
main, leading goals of specially criminological
measures of prevention (prevention) of crime. The
ways (principles) and means of achieving the goals of
specially preventive (criminological) measures are
numerous and varied, as are the measures themselves.
Specially preventive (criminological) measures are
developed and carried out in relation to various types
of crimes and types of criminal behavior, to various
spheres of public life, social groups, branches of the
economy, because they are characterized by the
peculiarities of the processes of determination.
The approaches of criminologists to the definition of
the content and the list of principles for specially
preventive (criminological) crime prevention differ
depending on the aspect in which they consider the
process of crime prevention. The authors, considering
this process in a managerial aspect, highlight the
principles of building and functioning prophylactically
(preventive) institutions or organizing preventive
activities, such as scientific character, complexity,
orderliness, efficiency, objectivity, concreteness,
legality.
The principles of organization and management
occupy a special place in the system of principles for
regulating relations in the field of crime prevention.
They point out that these relationships are a kind of
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complex systems that require organizational principles
in their development.
Crime prevention, however, is not limited to
organization, management and leadership. It consists,
first of all, in the identification of criminogenic objects
and the provision of a preventive effect on them. It is
these types of labor, not organization and
management, that constitute the essence of
preventive activities.
Most of the principles for the implementation of
measures of crime prevention are consistent with the
principles of organizing and managing preventive
activities, but in terms of content they are not
completely reduced to them. This, first of all, refers to
the general principles of managing social processes,
which are reflected in the general legal principles of
regulating public relations and its reflection in the
principles of managing the process of preventing
crimes, such as legality, democracy, priority of a
person, his rights and freedoms, equality, justice and
humanism, a combination of persuasion and
coercion[9].
It is important to mention, t according to the principles
highligthed by UN crime prevention requires a change
in the way governments, institutions and organizations
work, and countries in all regions have faced a variety
of challenges in implementing prevention. Crime
prevention requires adequate resources, including
funding for structures and activities, in order to be
sustained. There should be clear accountability for
funding, implementation and evaluation and for the
achievement of planned results.
CONCLUSION
Having analysed the studies of many authors and
international standards, in conclusion, we can say the
following: since the implementation of measures of
crime prevention affects personal and public interests,
then it should be based not only on the law, but also be
justified from a scientific point of view. Based on the
variety of causes and conditions of crime in general and
individual types of crime, means of crime prevention
should be used in a comprehensive and purposeful
manner. Crime, its causes and conditions are specific
historical phenomena and are manifested in specific
forms in a specific place and time, in this connection,
and measures for the prevention of crimes should be
differentiated and adequate to the nature of the
eliminated (neutralized, blocked, limited) phenomena
and processes. Like any other type of purposeful
activity, the use of measures of crime prevention must
be properly organized and meet the requirement of
orderliness.
In general, the study of models, forms and methods of
crime prevention used in foreign countries allows us to
conclude that there is a constant movement towards
the implementation in this activity of the principles of
consistency, adequate provision, humanism and
participation of all members of society. Also draws
attention to the fact that in different countries there
are different systems, measures, and means of crime
prevention[10].
Legality, scientific validity, complexity, concreteness,
planning, purposefulness are the principles on which
all types and directions of preventive activities should
be based at all levels of implementation of preventive
measures. This applies equally to general and individual
prevention of crimes. Each of these directions is based,
in addition, on its own principles.
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