Along with problems that relate to crime in general, the person who committed the crime, the characteristics of his personal characteristics, issues of crime prevention, etc., the subject of criminology also includes the problem that concerns the victim of crimes. In science, it became known as victimology. From victim – victim.
Most crimes involve the presence of a person against whom the crime is committed. In this regard, the question of the role of the victim in the mechanism of committing a crime is very relevant. In addition to those persons who participate in the commission of a crime on the part of those who commit them, there are still a large number of persons who, in essence, were involved in the commission of these crimes, but were involved as victims. According to statistics for 2013, 36-40 thousand people died from criminal offenses, and in the region of 50-55 thousand people received serious harm to their health. These are the official statistics of the Ministry of Internal Affairs. There are also people who received minor injuries, moderate injuries, etc.
The victim has always attracted the attention of lawyers and writers and philosophers. The same “Crime and Punishment” by F.M. Dostoevsky. Evidence of this is the rather rich heritage of the classics of world literature and research that in one way or another raised questions about the victim of a crime, until the formation of victimology as an independent scientific direction.
One of the first works that was devoted to the study of the topic of the victim of a crime is Feuerbach’s work “Documentary of Famous Crimes”. Regarding the victim of one of the crimes that he describes in this work, he points out that the victim himself was the cause of what happened. In fact, in these characteristics of the behavioral, psychological characteristics of the victim, he saw the reason, the circumstance, as a result of which he became not just a victim, but a victim of a specific crime committed by a specific person.
Thomas Jazz in his work “Murder and its motives” also explored issues related to the victim of a crime, used a standard scheme to study various types of murders, with different characteristics, victims, and tried to find something in common between them.
The emergence of victimology as an independent direction is associated with the 40s of the XX century. In 1941, an article by the German criminologist Hans von Gentig “Remarks on the interaction of the offender and the victim” appears. In this work, the victim acts as an active subject in the formation of criminal motivation, in which he participates, and sometimes even initiates a crime against him. Gentig pointed out in the article the existence of a connection between the offender and the victim, their interaction in the process of committing a crime. Those. how the behavior of the victim in the process of committing a crime can affect the change in the pattern of committing this crime, the development of events.
In 1947-48, the peak of the development of victimology occurs. Benjamin Mendelsohn on March 29, 1947 at the International Congress of Psychiatrists in Bucharest for the first time introduced the concept of victimology and presented his famous report – “New Biopsychosocial Horizons of Victimology”. His report reflected the fundamental points of his new theory, new teaching. The concept of victimology was formulated as a specific direction. He gave a typology of victims. In particular, he singled out the victims depending on the degree of guilt:
1. Absolutely innocent victims (ideal) – those who in no way provoked the commission of a crime turned out to be completely random in terms of their influence on the mechanism for committing a crime
2. Victims with mild guilt
3. Victims commensurately guilty with the offender (voluntary victim) – the person himself asked to commit criminal acts against him.
4. The victim is more guilty (provocative)
5. A completely guilty victim – most of the guilt from the commission of a crime, according to Mendelssohn, could be assigned to the victim.
Foreign criminologists agree that the founder of victimology is Mendelssohn. In domestic literature, after all, the founder with the so-called. chronological consider Gentig. What is the correctness of foreign researchers, that Mendelssohn used the concept of victimology. The question of the victim in the framework of criminological research was first chronologically raised by Gentig. But the concept of victimology as an independent direction, and the term victimology itself, and many terms, were developed by Mendelssohn. In 1948, at Yale University, USA, Gentig’s work “The Criminal and His Victim” was published. Where without calling the direction of victimology, however, the basic concepts of victimology were developed by him. The relationship between the offender and the victim, the concept of the latent victim. He was convinced that in some cases the victim has both an educational and a provocative effect, and this is what global research should be devoted to.
Mendelssohn’s ideas were developed in the works of the American criminologist Wertham. In particular, the work “A Picture of Violence” in 1949, where the central idea was that it was impossible to understand the psychology of murder without knowing and without understanding the sociology of the victim. This requires an independent direction for research. The Swiss scientist Ellenberg in his work “Philosophical Views on the Relationship between the Perpetrator and the Victim” also largely carried out the development of victimological ideas. But here already his work was based on Gentig’s idea. He distinguished situations:
¾ in which the same person can become either a victim or a perpetrator
¾ in which a person can become consistently, first a victim, then a criminal.
¾ in which the person simultaneously acts as a victim and a criminal.
In 1975, Mendelssohn’s work “General Victimology” appears. In which the subject of victimological research is expanded. He considers not only the victim of a crime, but also the victim of natural disasters, ethnic conflicts, genocide, wars, taking criminology beyond the boundaries of the criminal law criminological cycle. In 1977, under the leadership of Mendelssohn, the World Victimological Society was founded under the auspices of the UN. It dealt with broad issues. It was about victims in the broadest sense. In particular, she provided assistance to people who suffered from interethnic conflicts in Yugoslavia.
In a literal sense, victimology is the study of the victim of a crime. Initially developed within the framework of criminological science. However, over time it has undergone certain changes and at the moment there are three approaches to understanding victimology as a science.
1. Victimology is a branch of criminology, a private criminological theory that should be developed only within the framework of criminology.
2. It is auxiliary for a number of disciplines, sciences, such an interdisciplinary science of the victim of a crime. And for UP, and for UPP, and for criminology and forensics. It should function in parallel with criminology, and not within its mainstream.
3. The third is as wide as possible. Victimology is the general doctrine of the victim, which is the subject of research of a victim of any origin, criminal and non-criminal. This science is independent, belonging to legal science is very relative. It’s closer to OBZ.
We consider victimology as a direction of relatively independent, but still criminological research, which explores the nature of the behavior of the victim of a crime, the relationship and relationship between the victim and the offender at various stages (before, during and after the commission of the crime).
The central concept of victimology is the concept of the victim of a crime. However, in domestic victimology, along with the term victim, the term victim is also used, which is essentially a criminal law term. Although in the UE there is no term victim. There is only a procedural approach. But there we are talking about giving a procedural status, rather than about the content of who the victim is. There are different approaches in victimological research on who is considered a victim of a crime. To the extent that this approach can interpret the concept of a victim very broadly, including including in this concept persons who have a very small relationship with the crime. In particular, a murder has been committed, we have a victim in the criminal law sense – the victim – the person who was killed. From the procedural t.z. the next of kin will be the victims. If we talk about the consequences that from the commission of a crime affected someone, then naturally the relatives who are recognized as victims in the procedural order, and a fairly wide circle of relatives, undergo certain negative consequences from the death of these persons. Parents lost a child, a wife lost her husband, children lost their father, the loss of a breadwinner, a loved one. But if we go further, we can find other persons who suffered from this crime directly, even if they are not in close connection with this person. For example, the victim was the chief accountant of the enterprise. The boss needs to look for a new good specialist. Those. the consequences of the crime are laid out widely for an indefinite circle of persons. And the question arises, who can be considered a victim of a crime? The one who suffered, who suffered the consequences in the form of moral harm, or the one who was simply affected by the negative consequences of committing a crime? That is why domestic victimology uses the terms victim of a crime and victim as a synonym. Therefore, in the victimological plan, the victim is the direct victim of the crime.
Criminological studies show that the behavior of the victim, the characteristics of the victim, often determine the behavior of the perpetrator. Those characteristics that create certain qualities, personality traits add up to the concept of victivity – that state of a person who is prone to increased victivity, with the so-called. chances of becoming a victim of crime.
Victivity is the realized or potential ability to become a victim of a crime. Victivity can be:
ü Minimal – the situation in which the characteristics of a person practically exclude the possibility of becoming a victim of a crime. With the exception of random situations, when its characteristics do not play any role in choosing a victim – massive explosions, hostage-taking, simply when a person is in a certain place at a certain time. That’s how it happened.
ü Increased – a person has qualities and properties that make him a more likely victim of any crime than any other person. Inattention, inability to take measures for self-preservation, lack of control over one’s own property, behavior. Walking with an open bag, for example. Such facial habits may show increased victivity.
ü Normal – people who have standard characteristics, are able to take measures for self-preservation, protect their interests, but do not have in-depth knowledge that would allow them to recognize a situation in which a crime can be committed and respond adequately to this situation.
ü Mixed – a person in one area has the minimum victimological characteristics, and in the other the maximum. For example, law enforcement officers. If he acts as a citizen, walking down the street with his wife in the evening, then he knows what actions should be performed and which should not, where to walk and where not. Because in this area he has professional knowledge. In this part, he has minimal viktivnost. And when he is in the service, he can become a victim of crime more often than any other profession. From this point of view, his viktivnost maximum. But in general, as a person, he is characterized by mixed victivity.
This potentiality can be realized in reality through the process of victimization, i.e. the process of realization of victim potentials of the given person. There is a predisposition to become a victim of a crime, and it is realized in a specific situation. This is called victimization.
Much attention is paid to the study of victimological problems in criminology, a lot of research is devoted to this. Related to the fact that some people are becoming more and more often certain crimes, while others do not fall into these categories. Issues related to the role of the victim in the mechanism of committing a crime. Issues related to the relationship that binds the perpetrator and the victim, in criminological terms, etc. In principle, the role of the victim in the mechanism of committing a crime can be completely different. From neutral to the most provocative, jogging.
If we consider a situation where the victim is important for the development of the situation of committing a crime, then it can be noted that many illegal actions are due to the behavior of the victim herself, voluntary or involuntary. Namely, what could be the reason for this:
1. Features of the situational state. For example, drunkenness
2. Features of the state of health. Sensory defects. Poorly sees – you can slip a fake bill.
3. A special psychological attitude, which is associated with inappropriate behavior in an unusual situation. A person is lost, unable to respond quickly and adequately in an emergency situation.
4. The behavior of the perpetrator can also be provoked by the victim’s careless attitude to the safety of his personality, honor, dignity, safety of property, etc. I didn’t close my bag, put my phone in my back pocket and entered the metro into the crowd. Money in an ATM, 20 minutes carries in his hands, forgetting that it is necessary to hide it. He put the money in his pocket. 5 people follow him and observe, but he is fine.
5. The victim does not want to report to law enforcement agencies about the crime that has already taken place against this victim before. It is commonly associated with victims of domestic violence. Once beaten – beats means loves. He beat two – probably, the borscht did not cook very well. He beat me three times – today I was walking down the street, and a man in a suit was walking on the other side, I looked at him, I probably deserved it. And in the end, it comes to the conclusion that such justifications for aggressive behavior on the part of a person exclude appealing to law enforcement agencies. Ultimately, it comes to the fact that manifestations of aggression become more cruel, and reach the level of committing serious, especially serious crimes.
6. Frivolous attitude to the rules that protect public order and safety. Just think you can’t walk on a red light, no one goes. It is impossible in principle to keep such a person from a situation in which he would not become a victim.
7. Entering into an illegal transaction. Signed a contract of sale, in which 999,999 thousand were signed, and received them instead of 7 million.
8. Overt provocative behavior – aggressive, not aggressive, but causing aggression in response.
Depending on the behavior of the victim and situations in which the role of the victim matters, there may be different:
· Situations of a jolt character – with the active behavior of the victim, positive or negative. Negative behavior – provocations, threats, insults. Push situation with active, but positive behavior – actions to suppress the crime.
· A situation where the behavior of the victim creates an objective possibility of committing a crime against her. Creation of an emergency situation in transport, increased gullibility, susceptibility, forgiveness of previous illegal behavior, etc.
Closed situation – the actions of the victim are aimed at causing harm to themselves, without the intervention of other persons. To get insurance, he sets fire to his house, inflicts injuries so as not to go to the army, etc.
Neutral behavior of the victim
Based on all this, the victims can be different and the characteristics that can influence the fact that a person becomes a victim of a crime are also different. Less dangerous characteristics and more dangerous characteristics. Moreover, these characteristics can be both positive and negative. Those. the same group of characteristics can include both positive and negative characteristics.
The simplest safe with t.z. Vikivnosti – anthropological characteristics – height, figure, hair color, eyes, etc.. Firstly, nothing can be done about it. Secondly, these are those characteristics that are in no way related to the behavior of the victim, with her participation in the mechanism of committing the crime. It’s no one’s fault that he chooses only redheads, no taller than 150 cm, in blue jackets. A maniac is a maniac. It’s just that her anthropological characteristics fall into the category that matters to this person. In this sense, these characteristics in no way affect the increased victivity.
Biological characteristics – gender, age, health status. They are also practically neutral, since they are in no way related to the behavior of the victim. But often they play a big role in choosing a given person as a victim. Those who are weaker will not resist, against whom it is easier to commit a crime due to these characteristics. Therefore, they are more likely than others to become victims.
Features of the situational state . The situational state can be in a negative way – intoxication, a state in which a person brings himself consciously, realizing that he cannot adequately respond to the situation in such a state. In fact, he puts himself in a situation of less security, in comparison with all others, and makes it easier for himself to commit a crime. On the other hand, the peculiarities of the situational state may be associated with the inability to resist in a particular situation. For example, due to the fact that resistance is to a weaker person. Or a person who needs increased protection. There is a 13-year-old teenager with a gun, well, somehow I don’t want to use violence against him, which would be used by an adult big uncle as a victim in relation to the same big adult uncle. Or a man in relation to a woman does not show such resistance, which he would have shown in relation to a person of the same sex as him.
Personal relationship with the perpetrator . A more dangerous category, although it can be both positive and negative. Positive in terms of the fact that these can be relationships – family, kinship, friendship, which in essence are socially useful, but at the same time, they can play a cruel joke with these victims due to the fact that if a person is aggressive by nature, then his he expresses and demonstrates aggression in relation to close people more often than in relation to strangers. Personal relationships with a criminal can also develop in a negative way, when these are conflicting relationships, and it is in connection with this that a crime occurs. Or when it is prior to the commission of a crime – serving a sentence jointly with this person.
Professional affiliation. On the one hand, these are persons who are law enforcement officers and, therefore, are subject to communication with persons who commit crimes. Employees of the prosecutor’s office, police department, IC, judges, etc. On the other hand, these are persons who are in positions that have a certain influence – chief accountants, financiers, general director, collectors, security officers. Those who are responsible for material goods and because of this become more often a victim than everyone else.
Moral and psychological features . It can also be both positive and negative. Positive similarity, i.e. inherently useful, positive characteristics that can also play a bad role in the life of a given person – excessive gullibility, non-criticism, a tendency to trust people, and as a result, victims of deception, fraud, etc. On the other hand, moral and psychological features can also lie in the negative area – a tendency to adventures, antisocial, immoral behavior, which leads to the fact that the person himself finds himself in a situation of a dubious nature.
stereotype of behavior . There are also two aspects. On the one hand, this is a frivolous attitude to their safety. On the other hand, it can be immoral, illegal, aggressive behavior. Both provoke different categories of criminals to commit different types of crimes against these persons.
Types of victims.
The first most standard classification is the division of victims according to the degree of deviation from the safe. Those. to what extent the behavior of the victim is provocative to one degree or another for the commission of a crime against him. This provocation can be expressed both positively and negatively. A person may carry out lawful actions to protect himself or others from criminal encroachment, and thereby cause aggression. Or the second option – negative behavior: aggressive provocative behavior – the person himself begins to take actions that force him to use illegal actions against him. Types of victims depending on how much more negative behavior and color changes. Green – more positive, safer, the brighter, the more deviant behavior from safe. The greater the participation of this victim in the mechanism of committing a crime.
Aggressive victims are the most active category. Intentionally create a situation of conflict. Example. Two comrades, persons who previously jointly served their sentences, continue to communicate after serving their sentences. We met, decided to complain about life, began to drink alcohol. As a result of the fact that they did not share who goes for the next bottle, one suggested to the other to go out, this one refused to sort things out, the other insisted. Eventually one stabbed the other several times and caused death. Here is mutual aggression, mutual active behavior, first of all, of the victim, who offered to resolve the conflict by force. Such an extreme deviation of the victim from the degree of safety leads to the fact that he becomes a victim of a crime, i.e. realizes his victim potentials.
Active victims – contribute to causing harm to oneself. A person asks another person to harm another person in connection with the need to perform some action. For example, to receive insurance compensation, to evade military service, from paying alimony. That. he provokes, and not just provokes, but he himself asks and offers himself as a potential victim, for the realization of his far-reaching goals.
Initiative victims – behavior is lawful, but at the same time active lawful behavior, which leads to the fact that the person finds himself in the epicenter of the conflict. The victim, who was killed, initially tried to stand up for a woman with whom they aggressively wanted to meet. A tipsy young man molested, using physical force, grabbed his hands, took him out of the room, forcibly hugged him, etc. The victim stands up for the lady, and becomes the victim of a more dangerous assault against himself.
Passive victims – in fact, the behavior does not deviate from the safe. It is impossible to say that this behavior is both positive and negative – neither one nor the other. It’s more of a neutral behavior. But there are features associated with age, personality characteristics, physiological, psychological characteristics that prevent the criminal from resisting. Grandmother in the village, 83 years old, everyone knows that she keeps her money in a three-liter jar under the sofa. She cannot resist, because she is God’s dandelion, she can barely walk. As a result, a person who needs money for alcohol and drugs breaks into the house, seizes property, and causes serious bodily harm.
Uncritical victims – they do not know how to assess the situation correctly, they are not able to take measures for self-preservation, but not because of their mental and other shortcomings, but because of their non-criticality, because of their inability to correctly assess the situation and take measures that are adequate to this very situation. Persons who, on the bus, on the street, do not take measures to preserve their property, choose dark alleys at night, who, realizing that with their professional characteristics, personal, national, religious and others, it is not worth visiting certain establishments, because this means running into aggressive action against him. He improperly assesses the situation, commits actions that lead to encroachment in relation to him. Rides on a bus with an open bag – this is practically an appeal to those who are ready to steal something from him from it. The night is coming home, instead of choosing a lighted street, he chooses a short path, decides to cut it, and it doesn’t matter that there is a truck stop, local homeless people gather, three days ago they found a corpse. Well, what do you think, I’ll run.
Neutral victims are those that are random with the so-called. personal contribution to the mechanism of committing a crime. Their characteristics are in no way connected with the commission of a crime against them. Do not promote either lawful behavior or illegal behavior. In general, they do not contact the guilty. An aggressive teenager, due to the fact that he did not share something with his comrades, walks down the street, passes by the house of a classmate. He sees her in the yard. The classmate is an excellent student, the right girl, does not commit any actions against him, did not contact him, there were no conflicts between them, there are no claims to each other. But then he meets a familiar face, and he decides to take out his resentment and anger on this familiar face. In front of the neighbors, he knocked down, began to beat him, and caused serious bodily harm. In essence, he did not express any claims either at the moment, or in general, he did not have any problem of conflicts with the victim.
Types of victims according to the severity of victimization. To what extent the victimogenic potential is expressed in the behavior, in the external characteristics, in the life of the victim. How explicitly or implicitly can a potential victim of a particular crime be recognized in this particular person.
Explicit type – persons who are stable carriers of pronounced either positive or negative characteristics – social, psychological, physiological, etc., which are clearly manifested outside and characterize an increased degree of victimization. This may be a person with obvious aggressive behavior, and a person with clearly lawful behavior. A tough fighter for justice, who is actively trying to set the right path. Example. The grandson kills the grandmother, who is the only relative. The grandson is 16 years old, lives with his granny, the granny feeds him, waters and clothes, and considers it necessary to educate him a little. Every time he comes drunk, in the morning, he brings incomprehensible companies, the granny tells him that he shouldn’t behave like this, you need to behave this way and that way. He does not give money for alcohol, cigarettes, refuses. As a result, one day after such a refusal, in a state of intoxication, the grandson kills the granny.
The hidden type is the complete opposite. This is the person with the least degree of victimization. The personality traits of the perpetrator play a decisive role. In fact, the characteristics of the victim are either accidentally superimposed on the situation and complement it, creating a more convenient situation of committing a crime specifically against this person, or they are not involved at all due to the fact that the victim is absolutely random, was in the wrong place at the wrong time. . The victim has nothing to do with the mechanism of committing the crime.
Potential is an intermediate type. There are victimogenic characteristics, but they are determined to a greater extent based on the situation of the crime. Those. depending on each specific situation, a person can both avoid crime due to his psychological, physical, social characteristics, and vice versa become the most likely victim. For example, a dormitory neighbor, one kills another due to the fact that this neighbor turned out to be an unwitting witness to the crime of the second neighbor against a third person. Taking into account the fact that this neighbor had previously tried several times to call him to lawful behavior, even called the police once when the neighbor had a drunken brawl, then naturally such a person is extremely unfavorable as a witness. On the one hand, there is a certain potential, a certain level of victivity, due to previous behavior, on the other hand, this previous behavior did not become the only basis, the reason for committing a crime against him, everything is connected with a specific situation. If he had not become a witness, his previous behavior, including those related to calling the police, remarks, in no way would have led to such consequences in relation to this person.
Why are victims examined? And first of all, in order to carry out a preventive effect. In relation to victims, preventive activities should be carried out to the same extent, and perhaps even to a greater extent, than in relation to persons who are prone to commit crimes or who have already committed a crime. Explicit types, potential types of victims who demonstrate their victimogenic potential by their behavior, they should be exposed first of all. Unfortunately, in our country with victimological prevention, everything is not very good. This is due to the fact that basically we are talking about a preventive impact only on victims who have already become victims of crimes and in the process of conducting a preliminary investigation, a court session, some elements of the impact can be carried out by the investigating authorities, the judicial authorities. During interrogation, for example, the investigator may say that you behaved incorrectly in this situation, you shouldn’t have done this and that, don’t do it anymore, otherwise you will regularly find yourself in such situations. But this is the maximum version of victimological prevention, which is carried out by individual categories of victims. If we are talking about such prophylaxis of a group plan, then here such prophylaxis is carried out only in a very limited amount, with respect to minors more often. Law enforcement officers come to the school, tell how not to become a victim of a crime, how to inform your parents that big bad uncles offer you sweets on the street and offer to go somewhere, how to behave in a situation if an older friend came up and demanded money for ice cream, give the phone. Well, this is where victimological prevention ends. In comparison with foreign countries, in which victimological practice has long been at a fairly high level and various kinds of reminders related to the rules of conduct, social rules for people who move to the city, move from state to state, are quite developed. In a number of states, along with the booklets that we are given at the entrance to the hotel, they usually give booklets on how to order pizza, where to find laundry services, along with booklets, there are leaflets with a specific legal regulation. For example, in the USA it is very developed, because the legal regulation in different states is different. And what is criminal in one state may be permissible, permitted in another state. This is the first option. The second option, in order not to become a victim, is where you should not go, what actions should not be performed, how you should not communicate with a certain contingent of the population, what places should be avoided at certain times. For us, this is still very far away.