Forensic characteristics of the victim in the investigation of malicious failure to fulfill duties of care for a child or a person for whom guardianship or care is established

Abstract

The aim of the work is a forensic analysis of socio-demographic, psycho-physiological and criminal-legal characteristics of persons who have become victims of malicious failure to fulfill their duties to care for a child or a person for whom guardianship or guardianship has been established.

The methodological basis of the study is the scientific works of forensic scientists who investigated the identity of the victim, the materials of the investigation of criminal proceedings of the specified category, the analysis of the questionnaires of the National Police employees who took a direct part in the investigation of the malicious failure to fulfill the duties of caring for a child or a person for whom guardianship has been established or care.

It has been established that the growth of crime, which changes in accordance with socio- economic changes in the state, prompts the search for new forms and methods of crime investigation. One of these directions is the creation of a forensic classification of persons in such a way that, using information about their typical characteristics, it would be possible to solve the general tasks of detecting and investigating criminal offenses.

It has been established that the increase in the number of specified crimes, which changes in accordance with socio-economic changes in the state, prompts the search for new forms and methods of crime investigation. One of these directions is the creation of a forensic classification of persons in such a way that, with the help of information about their typical features, it is possible to solve the tasks of crime detection and investigation.

It is emphasized that criminal law features do not play a special role in characterizing a person who is a victim of malicious neglect of child care duties or a person for whom guardianship or guardianship has been established, since the vast majority of victims of crimes of the specified category are minors persons At the same time, the psychophysiological characteristics of the victims should not be ignored, since it is the psychological characteristics, the way of spending free time, etc. that determine the way the crime was committed, the situation and conditions, and are closely related to other elements of forensic characteristics.

Conclusions. It has been established that there are many ways in which malicious failure to fulfill the duty of care of a child or a person in respect of whom guardianship or guardianship has been established can be committed. Instead, the way the crime was committed depends on a number of factors, including the level of education, intellectual development and other data about the victim. On the basis of the analysis of criminal proceedings, the most typical socio-demographic, psychophysiological and criminal-legal characteristics of the victim were established.