Criminological characteristics of the personality of a criminal who has committed embezzlement, alienation, concealment or illegal transfer of the entrusted property subjected to inventory or arrest

Abstract

The history of criminal law and criminology shows that the discussion about the identity of the criminal is already very old, but it still raises high interest. The interpretation of this issue does not remain unchanged. The analysis of the criminological characteristics of a person who has committed a crime provided for in Part 1, Article 312 of the Criminal Code of the Russian Federation has a certain specificity, since the corresponding crime includes one of the special subjects - an individual, a sane person who has reached the age of liability and who is entrusted with property subjected to inventory or arrest. The authors examined the data of judicial statistics, which make it possible to draw a conclusion and highlight the most common signs of the identity of a criminal who has committed illegal actions in relation to the property subjected to inventory or arrest. It is possible to distinguish typical signs of the identity of a criminal who has committed illegal acts in relation to the property subjected to inventory or arrest: 1) The corpus delicti under study is often committed by persons aged from 30 to 49. Men and women of 50 and older are much less likely to commit illegal acts in relation to the property subjected to inventory or arrest, but they make up the second group of persons in terms of the frequency of committing the crime. The least number of persons convicted were under the age of 30 at the time of the commission of such a crime. 2) Men are more than twice as women commit illegal acts against property that has been inventoried or arrested. 3) Almost all the crimes under study are committed by citizens of the Russian Federation with a permanent place of residence. 4) Most of the potential criminals have secondary education (general or vocational). 5) Most convicts are able-bodied persons without a permanent source of income, i.e. unemployed. 6) Often, the crimes that provide for criminal liability under Part 1, Article 312 of the Criminal Code of the Russian Federation are committed by persons who had unexpunged and unspent convictions. Most often, they had unexpunged and unspent convictions at the time of the trial for crimes of minor gravity. Despite this, the personality of the criminal does not have an increased social danger, but the propensity and probability of committing a new crime is stable (high). Thus, in order to prevent the crime enshrined in Part 1, Article 312 of the Criminal Code of the Russian Federation, a differentiated assessment of the personality properties of the person who is entrusted with a certain property is important. Contribution of the authors: the authors contributed equally to this article. The authors declare no conflicts of interests.