TYPICAL CHARACTERISTICS OF PERSON WHO COMMITS CRIMINAL OFFENSES AGAINST JUSTICE

Abstract

This article purpose is to clarify the meaning of the forensic characterization of criminal offenses committed by professional participants in the judicial process, to determine the substantive elements of its structure. The goal was achieved through the application of a number of general and special methods of scientific knowledge. Within the framework of the conducted research, a number of theoretical and applied provisions were formed that allow expanding the understanding of forensic characterization of criminal offenses against justice, in particular those committed by professional participants in the judicial process. It was determined that forensic characterization is a basic element in building a forensic investigation methodology, since it systematizes typical data on the mechanism of criminal activity, including information about the identity of the offender, the method of committing the act, trace information, circumstances of the place and time of the crime, as well as the characteristics of the victims. It was found that the identity of the offender in cases of criminal offenses against justice is of particular forensic significance, since offenses are most often committed by investigators, prosecutors, judges and other specialists with a high level of legal awareness, who have access to official information and special knowledge of the criminal process. Scientific approaches to structuring knowledge about identity of the offender within the framework of forensics were analyzed. Feasibility of a comprehensive analysis of the socio-demographic, moral and psychological characteristics of the offender was confirmed, the results of which make it possible to more accurately predict the behavior of the offender, substantiate investigative versions and plan tactical actions. It was substantiated that the motive and purpose of criminal behavior are of fundamental importance for establishing the subjective side of the composition of the crime, in particular for distinguishing intentional abuse of authority from official error. It has been established that criminal offenses against justice committed by officials are often latent in nature, hidden behind formal compliance with procedural norms and require  special investigative tactics aimed at identifying hidden mechanisms of abuse. It has been generalized that effectiveness of the investigation of such criminal offenses directly depends on the level of awareness of the investigator with the peculiarities of the law enforcement activities of professional participants in the judicial process, which requires in-depth training and systematic analysis of offender’s personality. It has been stated that a comprehensive forensic characterization of criminal offenses against justice, adapted to the professional specifics of the subjects of such crimes, is an important condition for creating an effective methodology for their investigation, as well as for developing mechanisms for preventing offenses within judicial system.