Crime acts as one of the main categories in criminal law. To prevent illegal behavioral acts and fulfill the tasks established by law, the Criminal Code defines a list of acts that pose a threat to the individual, state, and society.
The historical genesis of crime and its social nature
In domestic legal publications, the opinion that an illegal act, as an independent model of the punishable behavior of entities, arose as a result of the split of society into separate classes, was a priority still recently. This position was justified by the fact that the concept and social nature of a crime reflects danger only for the dominant category of citizens. It was believed that unlawful behavior violates the normal conditions for the existence of a priority class.
The socio-historical nature of the crime is due to the fact that the model itself appears at a certain stage of social development. When collective-economic formations change, its content is adjusted depending on the circumstances within which the state is being formed and the tasks assigned to it are realized. These conditions at different time periods determine the different level of danger of specific acts. In the years of the USSR, the opinion that the socio-historical nature of crime in society should not be characterized as class dangerous was categorically rejected. This was due to the assumption of incorrect conclusions. It was believed that the concept of "social nature and signs of crime" implies danger solely for class interests. Many authors, however, note that this statement is somewhat exaggerated. The origins of this position are determined by ideological ideas about classness in general.
The social nature of the crime (briefly)
First of all, it is generated by social relations and relations in which a person lives and develops. This, in turn, indicates that the willful act of a specific subject acts directly as the cause of unlawful behavior. Will is the ability of a person to overcome obstacles, to respond to the influence of external factors. It allows you to subordinate the senses to the mind. The social nature of crimes is manifested in the effect on reality surrounding the person, that is, in the consequences that have arisen. Due to the fact that unlawful behavior entails harm to public and individual interests, which are protected by law, it is always evaluated more negatively in legal terms than other violations. The socio-legal nature of the crime suggests a conflict between the team and the individual. Public danger is directly determined by its depth, and therefore requires the use of legal response measures to eliminate it.
Background
The social nature of crime is associated with several factors. It is generated by moral, economic, psychological contradictions. Circumstances and reasons for criminalizing behavior go beyond the scope of the criminal law subject. Along with this, patterns of illegal behavior are determined on the basis of the study of existing relations in society. Of these, in the research process, those that are hazardous are distinguished. Qualitative and quantitative characteristics of criminalization have an impact on state policy in the fight against this phenomenon. It should be noted that the social nature of crimes can be studied in isolation in the framework of a specific social phenomenon only within certain limits. In this case, the analysis will act as one of the methodological options. This technique carries substantial, but limited knowledge.
Other position
The social nature of crimes can be studied in the framework of the political, cultural, economic, social characteristics of a region or country. Moreover, the analysis is also associated with less dangerous violations and negative deviations. The data of judicial and criminal statistics, respectively, are compared with other information, including indicators of the state of social control and the work of law enforcement agencies.
Population data
The social nature of the crime in criminal law is investigated through the analysis of certain groups:
1. By gender, since various social functions of citizens are associated with it, especially their status and behavior. So, for example, women have less violent criminal activity. As a result, in settlements where fewer men live, less violent acts occur.
2. By age, since each time period in a person’s life is characterized by certain forms of criminal activity. For example, younger people in most cases commit robbery, rape, robbery, and hooliganism. People over the age of 50 are more prone to economic crimes, illegal acts with the use of official position and so on.
Nationality
Each nation has its own customs, foundations. People brought up in some traditions demonstrate their manifestation on the basis that certain actions would not cause condemnation from relatives, would not serve as an expulsion from their usual environment. Forms of criminal behavioral acts may be associated with negative phenomena common in one or another national area.
Other criteria
These include:
1. Religion. Significant criminological significance, for example, is the fact that Muslims are not inclined to drink alcohol. This means that crime amid drunkenness in the region will not have a high rate.
2. Marital status. For the new cities in Siberia, crime was characteristic of young people and minors. In this case, an important indicator is the number of such citizens, including children who live in incomplete families, only with their parents or with them, and with grandparents. In the latter, more organized control is noted.
Economic aspect
The social nature of the essence of the object of crime is closely connected with it . When studying criminalization, such moments as:
- The ratio of organizations and enterprises of various specializations.
- The social and professional composition of citizens (workers in science, culture, healthcare, industry, transport, and so on).
- Population structure by incoming income and expenses. In this case, the sources of profit, the size and nature of the costs (for the maintenance of disabled people, raising children, entrepreneurship, investment, etc.) are taken into account. In addition, the presence and number of homeless citizens and people who do not have a permanent source of income are taken into account.
- The ratio of organizations and enterprises in different forms of ownership and legal type.
- The specifics of the formation and use of the region's work resources. It takes into account the availability of own production, the involvement of seasonal teams, indicators of overt and covert unemployment, and migration flows.
- Provision of essential needs of paramount importance for survival and reproduction.
The specifics of the activities of enterprises that operate in a particular region have an impact on the characteristics of criminalization. In particular, a violation of the order of handing over precious metals and stones to the state is more likely to occur where they are mined. Illegal entrepreneurship mainly takes place with the predominance of private commercial structures on the territory.
Political aspect
From this position, the following factors are subject to research:
- The presence / absence of sharp differences in the political interests of various groups of the population, and methods for resolving them. For example, when exacerbating the contradictions between the poor and the rich, riots, arson of mansions, and extortion can occur.
- What political movements and parties operate in the region, what is the order of their formation, composition, features of their interaction.
- How local authorities ensure the satisfaction of the civic interest of the population.
- How is the formation of administrative structures, are there violations of the electoral and other political rights of people.
- Features of building relationships with federal authorities, regional institutions and local government.
Culture influence
The socio-cultural aspect of the study of crime is associated with the study of the following factors:
- The number and structure of institutions, the nature and extent of coverage of the interests of the population.
- Customs, stereotypes, traditions, established methods for resolving conflict and problem situations.
- The level of professional and educational training of the population.
- Features of the interests and needs of citizens in the spiritual sphere.
The work of sports and cultural institutions affects the nature of leisure. This is especially evident in settlements where youth predominates. In turn, this is reflected in crime indicators in the field of leisure (for example, thefts are committed to appropriate funds at a casino). The educational level determines not so much character as the form of criminal behavior. For example, more intellectually developed individuals are more likely to commit illegal actions in the economic sphere.
Conclusion
The statistical picture depends to a large extent on changes in criminal law. In this regard, it is always necessary to establish whether an increase in criminal acts is related to criminalization, and a decrease to decriminalization. There is one more important factor. It concerns the legal culture, public opinion of the population on the fight against crime. If citizens do not seek to cooperate with law enforcement agencies, then only in exceptional cases will they report criminal facts. In such situations, the latency (stealth) of crime is very high.