Violent crimes have always occupied a special place in criminal law. For many years, lawyers have been analyzing the causes and characteristics of violence. This is necessary for the preparation of a competent preventive program, as well as the development of new measures to combat crime. Our material will detail the background, forms, and types of violent crimes.
The concept of violence as a criminal act
Since 2009, the number of serious crimes has increased dramatically. By 2018, the number of violent acts increased by almost one and a half times. A significant part is bodily harm, rape, abduction, robbery, robbery, terrorist attacks and killings. In most cases, violent crimes are committed in the course of interpersonal communication, which develops into conflict.
It should not be thought that violence refers only to the use of physical force against someone. In jurisprudence, another definition is used: it is a coercive effect, accompanied by a violation of moral principles and the norms of the law. The World Health Organization interprets violence as a deliberate use of power or force, resulting in varying degrees of damage.
Worldwide, tens of millions of people suffer from violent crimes against the individual. Of these, 1.5 million die. It turns out that at the hands of the wrongdoer every minute in the world, one person dies.
It is violence that is the second leading cause of death for people aged 15 to 45 years. The first reason is a bit more prosaic - illness or natural death.
A distinctive feature of violent crimes is their impulsive, often situational nature. Dangerous intent arises suddenly. Only a very small proportion of criminals prepare in advance for an illegal act. So, in Russia, most crimes are committed at the household level: with alcohol intoxication, during quarrels, family troubles, in an informal atmosphere, etc.
The proportion of organized violent crime is also increasing. Prepared events that are distinguished by their particular sophistication and audacity are increasingly happening. However, one should not think that most of the pre-planned crimes happen in a marginal, socially corrupt environment. Vagabonds, drug addicts, alcoholics, convicts and other declassified elements are not the majority in the criminal sphere. Where more often educated, settled in society citizens violate the law. The reasons for this are sought by sociologists and psychiatry workers. Lawyers are interested in the general motives of criminals.
Causes of Violent Crimes
There are two sources of determining violence: internal and external. External is all negative surroundings. This is a bad example, malformations, negative factors of socialization, etc. The internal source is much more complicated. It still remains a serious scientific problem. The main point of view is an indication of pathological processes in the human psyche - various mental illnesses.
There are two points of view on the problem. Most scientists - psychologists, sociologists, anthropologists and psychiatrists, talk about developing a craving for violence in the course of phenotypic, that is, external environmental development. For example, the infamous maniac Chikatilo was declared insane, and the causes of his illness appeared in his childhood. The second point of view is controversial. Some psychoanalysts adhere to it. Allegedly, any person is prone to violence from birth. It is inherent in nature itself. However, some can control their emotions, others not. This view of the villainous nature of man is considered controversial in the official scientific community.
Lawyers highlight their classification of the causes of violent crimes. The first condition is the disadvantages of family education. If the parents themselves have marginal traits, then the criminogenic qualities begin to form in the child from childhood. This is due to examples of rudeness, beating, threats, etc. Parents are not able to correct, develop or instill positive qualities. However, one should not think that the causes of violent crimes of minors are associated with a marginal dad or mother. Often the whole thing is in the wrong or inadequate upbringing by quite decent parents.
Family is not limited to. The second reason is also laid in childhood, and it is associated with the defects of the educational system. Children who are unable to accept the standard school curriculum are transferring their energy in the wrong direction. They skip classes, become embittered by their comrades and teachers, and finally, they simply lose the channel of social control. The result is alcoholization and anesthesia of young people. The number of violent crimes of minors continues to grow. This is due to the ineffective functioning of the domestic law enforcement system.
The third reason is the lack of a quality system of bodies for the prevention of violent crimes. The state almost does not struggle with factors contributing to the growth of crime. This is a culture that praises lawlessness, the growth of mental pathologies, dangerous information flows and much more. The priority method of struggle in power is prohibition. However, this is more likely an escape from problems than their effective solution. Bans only increase interest in phenomena that can be dangerous to society.
The last reason is the low standard of living of the majority of the population of Russia. Statistics show that mercenary-violent crimes in the country abound. This is directly related to the dysfunctional economy of the state. This simple comparison with other countries proves: the higher the standard of living, the calmer the criminal situation. For example, Iceland, Norway, Japan and other rich countries are in first place in the security rating. In turn, poor countries (Latin America, Africa) are considered the most criminogenic in the world. It is also worth remembering Russia in the 90s: a severe crisis led to an unprecedented increase in crime.
Subjects of violence
According to statistics, about 91% of violent crimes are committed by males. The same goes for the killings. About 10% of fatal atrocities are committed by women, the remaining 90% - by men. Moreover, the number of criminals among the weaker sex is growing steadily. For example, over the past 6 years, the number of murders of newborns has doubled. For some reason, mothers do not find another way to get rid of their offspring.
Even more interesting is everything with age characteristics. Criminogenic age exceeds 30 years. About 64% of intentional killings and 67% of serious harm are realized by the older generation. Violent sexual crimes and hooliganism are committed more often by persons from 18 to 29 years old - 55% and 50% respectively. The number of criminals under the age of 29 has recently declined slightly.
Statistics show that the educational level of criminals is much lower than the education of the population as a whole. Violators of the law do not tend to raise their cultural and educational level. They are characterized by narrow thinking and deformation of interests.
About 86% of the killings were committed while intoxicated. For hooliganism, this figure is 90%, and for those who have committed violent crimes of a sexual nature - 75%. Can alcohol be called the main cause of all atrocities and crimes? Opinions differ on this score. Some directly blame alcohol for everything, others say that the consumption of alcoholic beverages is a private matter for everyone. In itself, alcohol only aggravates the emotional state of a person who initially thought about committing all kinds of atrocities.
Types of Criminals
Depending on the personality and specifics of a particular life situation, the following types of violent criminals are distinguished:
- The actions of which complete the family or domestic conflict, which has been growing for a very long time.
- Random, the acts of which are a mixture of inadequate reaction and behavioral deformation. A person simply falls into the region of intense pressure from an individual person or group. A simple example is a drunken quarrel or a schoolboy brought by hooligan classmates.
- Malicious, whose crimes lose their situational character, which is why they are carefully organized and implemented.
- Negatively oriented, the actions of which are associated with the presence of previous unlawful experience.
According to another classification, there are professional and habitual types of criminals. Professionals work by order. So-called habitual criminals act under the influence of a habit formed during military conflicts. It is known that a large number of Vietnam veterans committed a considerable number of crimes in the USA of the 1970s. Former military simply embraced the "Vietnamese" syndrome, characterized by a manic desire to kill and inflict serious injuries.
The subjects of illegal acts are divided depending on the socio-psychological state. There are revengeful, mercenary, indifferent, self-asserting and "game" types of criminals. According to a similar classification, there are psychopathized, alcoholized, and mentally limited personality types.
Violent crime prevention
In the past few years, there has been a tendency to uncouple the sources of criminogenic influences. If earlier these were separate spheres of social life, various microgroups and microenvironments, now these are broad and pervasive socio-economic processes and shifts. The main reason for the increase in crime is, of course, the stratification of the population by living standards.
The state is obliged to develop ways to prevent violent crimes. The first and main option for combating criminogenic phenomena should be general economic development. If the government pays more attention to internal problems, the welfare of the people, then the increase in crime will gradually come to naught. However, one should not forget about targeted methods of preventing violent crimes. They will be described in detail below.
The list of objective factors directly related to the commission of crimes for many years includes unsatisfactory living conditions. Most conflicts begin precisely because of the division of territory, dissatisfaction with some phenomena, etc. Old and dilapidated apartment buildings, of which there are many throughout Russia, do not in themselves set up for benevolence and cultural behavior. Strange as it may seem, a solution to the problem could be the development of a system of local self-government and a partnership of housing owners. People should see the problems and solve them in time.
The second reason is unemployment and the low level of education of the population. The unoccupied population often does not see any other meaning of life, except in alcohol and drugs. This, in turn, contributes to the general marginalization of society and the growth of crime. The low level of education is not associated with obtaining a university diploma, but with political and public literacy. The majority of the Russian people are indifferent, passive and apathetic. Only a very small part of the population is characterized by legal awareness.
The state in implementing the prevention of violent crimes should be guided not only by thoughts on financing the law enforcement system. It is much more important to invest in the so-called human capital. Power should contribute to the speedy revitalization of society. Citizens must become socially and politically adapted, literate and cultural. Only in this case the statistics of violent crimes will change for the better.
Work with criminals
The state has developed a number of measures that contribute to the elimination of violent crimes. The characteristics of these tools are constantly being updated, because the criminal law does not stand still. New types of atrocities and sanctions are emerging. The basic methods of combating crimes are, however, as follows:
- Identification and elimination of negative factors in everyday life and family, which contribute to the formation of personal qualities typical of hooligans, rapists and murderers. Preventive work should be carried out with such people. They should be limited in parental rights, and in extreme cases protected from society and placed on compulsory treatment.
- Neutralization of family and domestic conflicts.
- Ensuring timely registration of statements about harm to health or threat of murder.
- Restriction of the sale of alcohol-containing products at certain times of the day and in designated places.
- Strengthening control over compliance with the rules for the purchase and storage of weapons. Timely prosecution for storage, carrying and manufacturing of weapons without special permission.
- Taking measures that would complicate the commission of violent crimes and disorderly conduct in public places. This includes the installation of CCTV cameras in public places, control over the quality work of the police and private security companies, providing lighting in the dark, etc.
- A clear organization of the activities of the internal affairs services: orders, patrols, duty units, units for working with minors, criminal investigation departments, investigations, etc.
- Criminal proceedings in respect of persons who have committed violent crimes at the place of work or study.
This is just a short list of measures that must be taken to prevent violent crime. We should not forget that the main method of struggle is the organization of legal training and education of the population.
Improving Sanctions Policy
Criminal law experts have repeatedly raised the problem of improving the punishment system. In Russia there are many serious violent crimes, the responsibility for which is considered not severe enough. Of course, human rights and freedoms are recognized as the highest value. However, this principle applies to all people everywhere, and therefore the strengthening of the sanctions policy could contribute to the formation of additional guarantees for social rights.
Of particular importance is the issue of protecting the health, life and integrity of the person. The fight against crime is an important indicator of both the physical and spiritual health of society. The state must guarantee the high-quality fulfillment of its obligations.
In the past few years, there has been a quantitative increase in negative changes in crime. The share of attacks on life and health has increased, the number of mercenary violent crimes has increased. Adverse trends must be combated not only with the help of preventive work, but also by improving the system of punishments. Punitive practice should be optimized.
If we compare domestic criminal legislation with European or American, the difference will be noticeable to everyone. In the US legal system, sanctions for murder or rape are much tougher and worse than in Russia. It is also a kind of crime prevention measure.
The killings
In jurisprudence, killing is the death of someone. In forensic medicine, this is one of the kinds of violent death. In the system of law, murder is understood as an assault on a person’s life, as well as intentional and unintentional actions leading to the biological death of a person. In the Russian system of law, however, murder is understood as a narrower phenomenon: it is the intentional infliction of death.
Intentional wrongful deprivation of a person’s life is quite rare if such an action is an end in itself. Much more often the murder is committed for the implementation of certain intentions and goals that can be achieved through the crime of law.
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- the number of aggravated homicides has increased 5-fold over the past two decades;
- the number of murders doubled;
- the number of murderers who previously served sentences for non-violent crimes increased one and a half times;
- the number of murders committed while intoxicated has decreased.
There are several signs of killing. According to the degree of public danger, a simple, qualified and privileged crime must be distinguished. By the nature of the act - committed by one person or an organized group. Based on motives - from mercenary or hooligan motives, in connection with hatred, in order to use the tissues or organs of the victim. The spheres of life distinguish between domestic, political, family and industrial killings.
Rape
Among violent sexual crimes, rape is the most common. His danger lies in the fact that the victim receives both physical and mental suffering. The crime itself is often associated with consequences such as mental illness, sexually transmitted diseases, unplanned pregnancy, and even suicide of the injured person.
Almost a quarter of a million rapes are recorded worldwide every year. Most criminal acts of this kind are characterized by latency - when the victim does not apply to law enforcement agencies. A review of UN crime trends shows that even in states with a very developed law enforcement system, about 80 percent of rapes remain hidden from law enforcement. In Russia, there are 5.5 cases of rape per 100 thousand people.
In the Russian Federation, the crime in question is regulated by Article 131 of the Criminal Code of the Russian Federation. For sexual intercourse with the use of violence shall be punished from 3 to 6 years in prison. For rape committed by a group of persons, combined with the murder or entailing infection of the victim, the punishment is increased by 4 to 10 years in prison.
For rape of a minor or resulting in grievous bodily harm or HIV infection, the punishment will be from 8 to 15 years. The term may be extended to 20 years if the victim is not 14 years old.
According to statistics, 75% of the objects of sexual assault are women. About 45% of rapes are committed during a joint pastime of the guilty person and his victim. Spring and summer seasons are the most common for sexual assault. Finally, only 20% of rape victims turn to law enforcement for help. The investigation of violent crimes therefore leaves much to be desired.
Hooliganism
Gross violation of public order, in other words - hooliganism, is the third type of violent crime. This is an expression of disrespect for society, ignoring established principles and moral principles. Hooliganism often contains elements of violence, most often mental. As a result, it is part of a group of violent crimes.
The purpose of a bully is to insult, abuse, rude mockery of people, the desire to assert themselves and to rise above others. The problem of hooliganism is often perceived in society as not serious enough. Hooligan actions are considered by law enforcement agencies to be insignificant for the application of strict legal measures. Meanwhile, it is hooligan behavior that is most often the source and the main one for committing other, more serious crimes.
Many lawyers point out that impunity for hooligans leads to an increase in their aggressiveness, an increase in the number of grievous harm and the commission of violent crimes: rape, murder, serious harm to health, etc.
The concept of hooliganism and the corresponding sanctions for this crime are regulated by article 213 of the Criminal Code of the Russian Federation. If weapons were used, the offender was guided by political, racial or ideological motives, or hooliganism was committed in vehicles or crowded places, then the punishment will be from 300 thousand to 500 thousand rubles. It is also possible conviction of a person for up to 3 years or compulsory work up to 480 hours.
So, the growth of violent crime is progressing. The state should think about improving preventive policies and optimizing the system of punitive measures.