Особа Правопорушника Як Елемент Криміналістичної Характеристики Кримінальних Правопорушень, Передбачених Ст. 155 Кк України
Year: 2025
Type: article
Abstract: Based on the analysis of scientific works, provisions of domestic legislation, statistical data and practice materials, certain issues related to the person of the offender as an element of the criminalistic characteristics of the criminal offenses, provided for in Art. 155 of the Criminal Code of Ukraine are considered. The main features inherent in persons who commit such criminal offenses are determined. During the study, it is found that establishing the features of the offender's identity as the main element of the criminalistic characteristics and taking them into account during the investigation makes it possible to correctly outline its direction, correctly formulate investigative versions, use appropriate tactical techniques during investigative (detective) actions, etc. It is also established that the analysis of socio-demographic and biological features, psychological properties and moral qualities inherent in the offender makes it possible to clarify the motives, causes and conditions of the criminal offense committed, to determine the degree of its social danger and the harm caused, etc. It is substantiated that sexual criminal offenses, including those provided for in Art. 155 of the Criminal Code of Ukraine, are committed by men aged 18 to 45. It is noted that the education of persons who commit these criminal offenses is characterized by a rather low level, the majority of such offenses are committed by persons with basic secondary and specialized secondary education, as well as professional (vocational and technical) education. Regarding the employment of persons who have committed such criminal offenses, it is established that the vast majority of them are able-bodied persons who do not work and do not study. It is generalized that persons who have committed criminal offenses, provided for in Art. 155 of the Criminal Code of Ukraine, have certain psychological properties and moral qualities, these persons are characterized by primitive views on intimate relationships as a physiological act, a low level of culture and education. It is noted that the determination of biological characteristics of a person during the investigation of criminal offenses, provided for in Art. 155 of the Criminal Code of Ukraine, makes it possible to establish and identify them and, thus, to establish the offender who committed this criminal offense. It is emphasized that the establishment of sociodemographic and biological characteristics, psychological properties and moral qualities of a person who committed a criminal offense, provided for in Art. 155 of the Criminal Code of Ukraine, makes it possible to draw up his criminalistic portrait, understand the motive and method of action and, accordingly, determine the correct direction of the investigation. Keywords: offender, personality traits, sexual freedom, sexual relations, criminal proceedings.
Authors: Національна академія внутрішніх справ, Vitalii Lisohor
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412387011