Sarkisyan A.A. —
Identity of the perpetrator and its public danger: criminal law and criminological aspects
// Law and Politics. – 2018. – ¹ 12.
– P. 49 - 61.
DOI: 10.7256/2454-0706.2018.12.28200
URL: https://en.e-notabene.ru/lpmag/article_28200.html
Read the article
Abstract: This article is devoted to criminal law and criminological problems of recording the identity of the perpetrator and its public danger. Based on the analysis of the current criminal legislation and court cases, the author notes the trend towards anonymity of the criminal policy, expressed in giving more significance to public danger of the crime and formal approach towards record of the perpetrators identity. Accent is made on the issue of surface study of danger to the public from the perpetrator, which impedes the correct of the convict, and development of preventative measures against future crimes. It is recommended to give more weight to the study of the profile of the perpetrator and the need to establish unified criterion for assessing the level of public danger from the individual for issuing a fair sentence matching the public threat the individual represents. It is noted that public danger of the perpetrator’s identity consists in the capability of committing a crime, which is the reason for conclusion on practical necessity for developing preventative measures for working with individuals that represent potential public danger and are prone to committing crimes.
Sarkisyan A.A. —
Identity of the perpetrator and its public danger: criminal law and criminological aspects
// Law and Politics. – 2018. – ¹ 12.
– P. 49 - 61.
DOI: 10.7256/2454-0706.2018.12.43200
URL: https://en.e-notabene.ru/lamag/article_43200.html
Read the article
Abstract: This article is devoted to criminal law and criminological problems of recording the identity of the perpetrator and its public danger. Based on the analysis of the current criminal legislation and court cases, the author notes the trend towards anonymity of the criminal policy, expressed in giving more significance to public danger of the crime and formal approach towards record of the perpetrators identity. Accent is made on the issue of surface study of danger to the public from the perpetrator, which impedes the correct of the convict, and development of preventative measures against future crimes. It is recommended to give more weight to the study of the profile of the perpetrator and the need to establish unified criterion for assessing the level of public danger from the individual for issuing a fair sentence matching the public threat the individual represents. It is noted that public danger of the perpetrator’s identity consists in the capability of committing a crime, which is the reason for conclusion on practical necessity for developing preventative measures for working with individuals that represent potential public danger and are prone to committing crimes.