The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine

The purpose of this research is a systematic analysis of the identity of the criminal as an element of the forensic characteristics of the crime provided for in Article 368 of the Criminal Code of Ukraine. Terminological, systemic-structural, formal-logical, comparative-legal, statistical methods we...

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Main Author: Anatoly Poliakh
Format: Article
Language:English
Published: National Academy of Internal Affairs 2021-09-01
Series:Юридичний часопис Національної академії внутрішніх справ
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Online Access:https://lawjournal.com.ua/en/article/download/osoba-zlochintsya-yak-element-kriminalistichnoyi-kharakteristiki-zlochinu-peredbachenogo-statteyu-368-kriminalnogo-kodeksu-ukrayini
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author Anatoly Poliakh
author_facet Anatoly Poliakh
author_sort Anatoly Poliakh
collection DOAJ
description The purpose of this research is a systematic analysis of the identity of the criminal as an element of the forensic characteristics of the crime provided for in Article 368 of the Criminal Code of Ukraine. Terminological, systemic-structural, formal-logical, comparative-legal, statistical methods were used during the processing of materials in the research. It has been proven that the identity of the criminal is one of the most important elements of the forensic characterization of the crimes provided for in Article 368 of the Criminal Code of Ukraine. It was determined that the criminal's identity as an element of his forensic characteristics in the case of acceptance of an offer, promise or receipt of an unlawful benefit is distinguished by specific features in the set of biological, psychological and social properties of the individual. It is claimed that criminals of this kind are: mostly men, who in most cases occupy managerial positions; persons with a low level of cultural awareness, focused on meeting personal financial and economic needs, commit crimes mostly alone, less often in small groups of persons, more often as an official, and one who provides or offers to provide an illegal benefit, while equally trying to hide the commission of such crimes. The necessity of studying all elements of their forensic characteristics and establishing relationships between them is substantiated
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spelling doaj.art-c69ee784286449fa81ce1d4c794c79252023-12-12T12:01:16ZengNational Academy of Internal AffairsЮридичний часопис Національної академії внутрішніх справ2519-42162519-43132021-09-011122429https://doi.org/10.56215/04212202.24The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of UkraineAnatoly Poliakh0National Academy of Internal AffairsThe purpose of this research is a systematic analysis of the identity of the criminal as an element of the forensic characteristics of the crime provided for in Article 368 of the Criminal Code of Ukraine. Terminological, systemic-structural, formal-logical, comparative-legal, statistical methods were used during the processing of materials in the research. It has been proven that the identity of the criminal is one of the most important elements of the forensic characterization of the crimes provided for in Article 368 of the Criminal Code of Ukraine. It was determined that the criminal's identity as an element of his forensic characteristics in the case of acceptance of an offer, promise or receipt of an unlawful benefit is distinguished by specific features in the set of biological, psychological and social properties of the individual. It is claimed that criminals of this kind are: mostly men, who in most cases occupy managerial positions; persons with a low level of cultural awareness, focused on meeting personal financial and economic needs, commit crimes mostly alone, less often in small groups of persons, more often as an official, and one who provides or offers to provide an illegal benefit, while equally trying to hide the commission of such crimes. The necessity of studying all elements of their forensic characteristics and establishing relationships between them is substantiatedhttps://lawjournal.com.ua/en/article/download/osoba-zlochintsya-yak-element-kriminalistichnoyi-kharakteristiki-zlochinu-peredbachenogo-statteyu-368-kriminalnogo-kodeksu-ukrayiniforensic characteristicsidentity of the criminalillegal benefitcorruption
spellingShingle Anatoly Poliakh
The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine
Юридичний часопис Національної академії внутрішніх справ
forensic characteristics
identity of the criminal
illegal benefit
corruption
title The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine
title_full The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine
title_fullStr The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine
title_full_unstemmed The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine
title_short The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine
title_sort identity of the criminal as an element of the forensic characteristics of the crime under article 368 of the criminal code of ukraine
topic forensic characteristics
identity of the criminal
illegal benefit
corruption
url https://lawjournal.com.ua/en/article/download/osoba-zlochintsya-yak-element-kriminalistichnoyi-kharakteristiki-zlochinu-peredbachenogo-statteyu-368-kriminalnogo-kodeksu-ukrayini
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