потерпевший
Victimological Characteristic of Crimes Against Participants Criminal Legal Proceedings |
In the Russian Federation protection of participants of criminal legal proceedings against criminal encroachments is actual and practical significant problem. One of the features of considered socially dangerous acts is the raised extent of crime victim victimization. Victimization of the personality, that is process of her transformation into the victim, plays an important role in the mechanism of individual criminal behavior. Involvement of persons to the sphere of criminal legal proceedings considerably increases level of their victimology as the possession of the specific rights and duties criminal trial participants mark out from a circle of ordinary citizens. The given article is devoted to research of the victimological characteristic of the crimes committed concerning participants of criminal legal proceedings. Methods. In this work the method of sociological poll more than 1300 participants of criminal legal proceedings was applied. Results. From results of poll follows that among socially dangerous acts made concerning participants of criminal legal proceedings, the most widespread are: beating and causing varying severity of harm to health; threat of murder or causing heavy harm to health; crimes against property; slander; infringement of life; hindrance to implementation of justice and production of preliminary investigation; bribery or coercion to evidence or evasion from evidence or to the wrong translation. Conclusion. Based on the conducted research the author comes to the conclusion that the most vulnerable from criminal encroachments are such participants of criminal legal proceedings, as the witness, the victim, the suspect accused, the defender, the witness. At the same time crimes concerning representatives of the victim, the civil respondent, the civil claimant practically aren’t committed. The received results should be considered during the developing and improvement of the measures directed on considered crimes prevention. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 4(2) |
To the Question of Criminal and Legal Policy Efficiency in the Sphere of the Crime Prevention Against Criminal Legal Proceeding Participants |
Introduction. In the Russian Federation the criminal and legal policy in the sphere of protection of criminal legal proceeding participants against criminal encroachments is ineffective. This circumstance leads not only to serious obstacles in justice implementation, but also to direct threat of the personality. One of prevention means of the considered crimes is their criminal legal protection. Nevertheless, the criminal law does not regulate protection of all criminal legal proceedings participants and that is the essential gap in the criminal legislation. Methods. In this work the methods of the criminal legal regulations analysis and sociological poll of more than 1300 paticipants of criminal legal proceedings were applied. Results. The results of research shows that it is necessary to carry out criminal legal protection of the criminal trial participants who aren’t included in the articles of the Criminal Code of the Russian Federation such as private accuser, witness, head of investigative body, chief of division of inquiry. Besides, it is necessary to optimize criminal legal regulations that order the protection of other participants of criminal trial. Conclusion. Based on the received results of research, it offers to enter additions into some articles of the Criminal code of the Russian Federation. |
Номер журнала 553 |