Formation of the psychology of a person committing official violent crimes (on the example of an employee of the internal affairs bodies): worldview and behavior

Galiautdinov Rushan Radikovich ORCID: 0000-0002-1205-7608 PhD in Law Associate Professor, Department of Criminology, Institute of Law, Ufa University of Science and Technology 450077, Russia, Republic of Bashkortostan, Ufa, Dostoevsky str., 131 rushan-94@mail.ru Other publications by this author

Introduction. The problem of studying the person committing crimes has long been studied in the forensic literature ^{[1, p. 50-60]}. However, the interest in the personality itself continues to be relevant because it is not just a reflection of social relations, but being in the structure of these relations and participating in their creation, it is the subject of the appropriation of these relations. The formation of a person's essence is the process of appropriating one's social and psychological essence, as a result of which this essence becomes personal ^{[2, p. 43]}. It is in the personality that ultimately accumulates interactions with the entire system of socio-economic and spiritual relations. Under the influence of these relations and with the active participation of the personality itself, the peculiarities of its attitudes, the nature of value orientations, self-awareness, worldview and behavior are formed. In this regard, it is essential to consider the features of mental processes, properties and states of personality that influenced the formation of worldview and behavior. This is especially true for officials: law enforcement officers. The identity of a criminal for official violent crimes is an integral element, including the age of the official, official position and psychological qualities ^{[3, p. 10]}. The commission of an official violent crime can be carried out only with the use of his status and certain powers. In practice, it is also noted that an official offense can be committed only "when exercising office." Thus, the judicial board for criminal cases of the St. Petersburg City Court reasonably recognized the erroneous qualification under Part 3 of Article 286 of the Criminal Code of the Russian Federation by one of the district courts of St. Petersburg of the actions of Ch., who, being a district police inspector and having the right to constantly carry weapons, threatened them with citizens of K-mu, K-o and C-oh, during the conflict with them, which arose on the basis of his personal hostile relations, and then with a shot from a pistol he killed his cohabitant K-y. The Judicial Board indicated that Ch. when committing these actions, he did not act as an official, "at the same time, without any connection with the official duties assigned to him, he used the service weapon entrusted to him for personal reasons and should be held responsible for what he did only as a private person."

Investigation of the worldview of the accused official. Studying the data on the official who has been charged, it is necessary to pay attention to his worldview – the system of views of the accused on the world around him, society, and himself, which has developed and determined his usual and illegal line of behavior. It is known from the scientific literature that the formation and change of a person's worldview is conditioned by his social being: the social environment, upbringing, household and other conditions ^{[4, p. 87]}. We believe that the professional deformation of the personality also affects the worldview of officials. In this understanding, the worldview begins to be distorted gradually, researchers of this phenomenon note that employees who have been serving in the internal affairs bodies for less than 5 years, the possibility of changing their worldview is unlikely, from 6 to 10 years – an average level of changes, and from 11 to 15 years – a high level of changes. It should be borne in mind that when studying the worldview of the accused, it is necessary to find out not only what ideological views he had and has at the time of the commission of an official violent crime and the time of his indictment, but also the process of their formation. The study and analysis of the accused's worldview in the dynamics of the formation of his views and beliefs better helps to uncover and understand the causes of the crime committed, contributes to the selection of the most effective tactics for conducting individual investigative actions and operational investigative measures.

The process of forming the worldview of the accused in this category of cases is accompanied by the appearance first of temporary, and then the formation of stable properties due to his moral attitudes. Therefore, examining the worldview of officials, it is necessary to simultaneously establish which of the properties, which are based on the moral qualities of the individual, belong to him. Of course, it is impossible to give an exhaustive list of such properties, since in modern times there are more than 700 words denoting moral traits.

In the study of moral and related properties, it is possible to cite certain questions, answering which, it is possible to conduct a study of the official's worldview:

1) The moral properties of the accused: what are they: humanity, humanism – inhumanity, egoism, egocentrism – altruism, truthfulness – falsehood, conscientiousness – shamelessness, arrogance, nobility, simplicity – arrogance, arrogance;

2) Ideological and moral properties of the accused: ideality – lack of ideas, principled – unscrupulousness, nihilism, loyalty-infidelity, loyalty or lack thereof;

3) Moral and business qualities of the accused: diligence - laziness, attitude to official duties;

4) Moral and economic characteristics of a person: thrift, greed, greed, waste, etc.

5) The moral and legal properties of the accused: legal nihilism, a sense of respect for the laws.

Investigation of the behavior of the accused official. The study of the behavior of the accused official, that is, the external manifestation of his actions, deeds, statements before the commission of the crime, during the preliminary investigation and judicial review of the case, not only gives the key to the study and explanation of his views and beliefs, but also provides a better understanding of his relationships with people around him (witnesses and victims in the future), largely ensures the validity of the nomination of versions, the success of various investigative actions. Of particular importance is the study and analysis of actions related to official violent crime. The results of such actions in the science of criminology have been called "evidence of behavior" ^{[5, p. 55]}. Without connection with the crime, the behavior of an official in itself has no evidentiary value. Therefore, it is impossible to recognize various kinds of emotional acts as evidence of the commission or non-commission of a crime by the accused official ^{[6, p. 48]}. Since such actions can be caused by various reasons of objective and subjective properties. The analysis of these and similar manifestations is mainly of forensic importance both in the selection of forensic versions and in the construction of investigative situations.

In cases where illegal views have a predominant influence on a person, socially useful needs give way to antisocial ones and manifest themselves in a person's strong-willed behavior. The peculiarities of a person's volitional behavior are determined by the consciousness of the purpose of their actions and its correlation with the motive. The psychological basis of any volitional act and its motive are needs, at the same time, not only they, but also views, beliefs, interests and other psychological factors. Among such psychological factors, an important place is occupied by antisocial attitudes of subjects, that is, psychological readiness to commit a crime. On this basis, subjects can be identified who have doubts about the possibility of committing official violent crimes (the so-called "struggle of motives" ^{[7, p. 10]}); who believe that in this situation, official violence is appropriate and necessary; who make decisions about official violence automatically, influenced by the experience of committing such acts in the past. For our study of the personality of an official, a key factor in the motive of a crime is of interest, which in different situations is: 1) aggression as a personality trait; 2) aggression towards the criminal world as a whole; 3) aggression towards a certain person in connection with the crime incriminated to him; 4) aggression towards a certain person in connection with the commission of a crime by him (personal hostility). These properties of the personality of the subjects are reflected in the content of the methods they implement for committing official violent crimes.

The processes occurring in the human psyche: experiences, emotions, mental states can also serve as motivating forces for the formation of a motive and volitional act, provided they are realized, and then manifested in a person's aspirations to perform certain actions. It should be noted that according to our research, 80% of committed official violent crimes were dominated by false official motives, that is, falsely understood interests of the service, and only in 20% of cases the commission of the crime in question was aimed at the personal enrichment of the official. The head of one of the colonies forced the convicts to build a dacha on their own plot, and in case of insubordination, physical force and various special means were used against the convicts. According to witness testimony, the methods of influence used against those who did not obey were extremely cruel: the convicts were suspended in the cells in the "swallow" pose – their hands were handcuffed behind their backs and hung from the bars of the cell, all this was accompanied by blows to the body with a bottle and sexual violence.

Conclusion. Proceeding from this, guilty behavior, like any act of a person, is based on an interacting system of psychological elements, called a psychological mechanism, worldview and behavior in this chain occupy an extremely important place. The initial element of the psychological process that determines human behavior is the need reflected in consciousness. The need acts as a subjective state that tends to regulate behavior and activity, determines the orientation and thinking of a person. When the need is relatively easily realized, a positive emotional attitude of the individual is provided for it, its approval in behavior occurs. On the basis of a need, a person has an interest and attraction to something. The formation of interest begins with a person's worldview. Worldview and behavior are only elements in the formation of the psychology of a person who commits official violent crimes. The study of these features of the official who committed the desired, in the aggregate part of the psychological characteristics will allow persons engaged in pre-trial and judicial proceedings in criminal cases to determine specific information that has evidentiary value, features and tactics of investigative measures aimed at establishing the fact of an official violent crime, predict the likely behavior of an official at all stages of the investigation.