ANALYSIS OF SELECTED BIOGRAPHICAL FACTS ABOUT THE PERSONALITY OF A PERSON WHO ABUSES HIS OR HER POWER IN THE CONTEXT OF A FORENSIC STUDY OF PERSONALITY

IF 0.1 Q4 LAW
V. L. Yuan
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Abstract

The article reveals a set of problems related to the forensic investigation of personality when using the method of biographical analysis. The range of problems involves methodo-logical, statistical, forensic, and psychological aspects. The subject of the research was a complex of biographical facts, bearing a possibility of interpretation of personal properties of their bearer. Regularities were revealed in relation to a personality of the person abusing his office. The study used the following general scientific methods: analysis, synthesis, system-structural. The following specific scientific methods were used in the study: modelling, statis-tical analysis, comparative-historical, expert assessment. The analysis was carried out by recording data on the defendants' employment activities related to the commission of the offence for which Article 285 of the Criminal Code of the Russian Federation establishes liability. Among the persons examined, military personnel made up the smallest percentage of defendants, while among public sector employees almost half were employed in the education sector. The article reached a number of conclusions as follows. The development of a criminalistic characteristic of the personality of a person who abuses his powers from the perspective of biographical analysis, it is advisable to begin with the identification of groups of biographical facts that have a pronounced correlation with the predisposition to commit crimes of this type. It is not an unconditional predisposition of persons to commit this type of crime if their biography contains, to a large extent, biographical facts that are interrelated with a predisposi-tion to abuse their position in office. It is necessary to speak about the existence of such a relationship, which has the potential to form tendencies, but at the same time, it is not absolute. The final conclusion is that the biographical analysis reveals a number of biographical facts that have a strong correlation with a predisposition to abuse of power. The information obtained will make it possible to know in advance, at the initial stage of the investigation, a number of typical personality traits of the defendant and to have an idea of other sources of information about him. The information obtained will also make it possible, when planning the investigation of the type of crime in question, to rely on the psychological characteristics already known about the personality of the accused, on the basis of which investigative tactics, such as questioning, confrontation, search, etc., can be developed.
在人格法医研究的背景下,对一个滥用权力的人的人格进行分析
本文揭示了人格司法调查在运用传记分析方法时存在的一系列问题。问题的范围涉及方法论、统计学、法医学和心理学方面。研究的对象是一个复杂的传记事实,承载着解释其承载人的个人属性的可能性。滥用职权者的人格方面的规律被揭示出来。本研究采用了分析、综合、系统结构等一般科学方法。在研究中使用了以下具体的科学方法:建模,统计分析,比较历史,专家评估。分析是通过记录被告的就业活动数据进行的,这些活动与《俄罗斯联邦刑法》第285条规定责任的犯罪有关。在接受审查的人中,军事人员在被告中所占比例最小,而在公共部门雇员中,几乎有一半受雇于教育部门。这篇文章得出了以下几点结论。从传记分析的角度来看,滥用职权的人的人格中犯罪特征的发展,建议从识别与这种类型的犯罪倾向有明显关联的传记事实开始。如果一个人的履历在很大程度上包含了与滥用职权的倾向相关的履历事实,那么他就不是无条件地容易犯下这类罪行。有必要谈谈这种关系的存在,这种关系有可能形成倾向,但同时也不是绝对的。最后的结论是,传记分析揭示了一些传记事实,这些事实与滥用权力的倾向有很强的相关性。所获得的资料将有可能在调查的最初阶段预先知道被告的一些典型的人格特征,并了解有关他的其他资料来源。所获得的资料也将使在规划对所涉犯罪类型的调查时,有可能依靠已经知道的被告人格的心理特征,在此基础上,可以制定诸如询问、对抗、搜查等调查策略。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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