The personality of the offender who commits crimes against people with disabilities and the victimological characteristics of the disabled victim

Chakiev Murat Akhmedovich Senior Lecturer at the Criminology Department of the St. Petersburg University of the Ministry of Internal Affairs of Russia 198096, Russia, Saint Petersburg, Pilyutov Pilot str., 1 murat.chakiev.76@mail.ru

Introduction.

Based on the scientific approaches of D. A. Shestakov ^[10], P. A. Kabanov ^[2] on the importance of studying victims of crime, we highlight the victimology of a disabled person as an interdisciplinary field of criminology that studies the peculiarities of choosing a victim of a person with obvious signs of health disorders with persistent disorder of body functions, which leads to a restriction of vital activity, necessitating social and legal protection. This direction will help to develop scientific hypotheses on the most effective measures to protect people with disabilities – one of the most vulnerable and unprotected segments of the population. We believe that in domestic criminological science, this area of victimology is just beginning to take shape, as evidenced by a small number of studies ^{[6, pp. 46-47; 7; 8]}, opposed to more active scientific discussions in the works of both domestic and foreign authors devoted to ways to protect persons in a state of helplessness ^{[11; 12; 13; 14]}.

Undoubtedly, the introduction by the legislator of the helpless state of the victim of a crime into the list of aggravating circumstances by the provisions of the Criminal Law of the RSFSR of October 27, 1960, and later by the provisions of the current Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), supplemented, including the state of defenselessness, was a significant contribution to the development of constitutional guarantees for the protection of victims from criminal acts encroachments. However, in modern conditions, such a contribution is objectively insufficient. As a result, special attention should be paid to persons who, due to disability, are not able to fully independently ensure their protection in various spheres of public life, including realizing the existing legal status of a disabled person due to the inability to independently collect the necessary documents for conducting an appropriate examination in order to register a disability, but at the same time not indicating their condition despite the need to recognize them as helpless, or at least defenseless. Doubts about the need for a comprehensive study of a population group with a disability, as well as all the grounds for its registration, are dispelled by repeated statements in the scientific community about their importance ^{[2, 3]}.

Reasoning in more detail, we note that in the scientific community much attention is paid to the category of persons in a helpless or defenseless state, and in this direction the works of I. R. Shikul ^[12] and O. V. Mikhailovskaya ^[5] are among the most noteworthy. However, the issue of assigning disabled people of groups 2 and 3 to such persons due to the absence of obvious signs of health restriction is debatable. At the same time, investigative and judicial practice shows that the actions of persons who have committed crimes against persons with disabilities are qualified as committed against a person in a helpless state (Verdict of the St. Petersburg City Court dated 12/29/2017 in case No. 2-4/2017. [Electronic resource] - URL: https://sankt-peterburgsky--spb.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=80287409&case_uid=5fb9dd77-b0d6-4896-aebd-fc835635ff59&delo_id=1540006#).

Without going into the discussion, we express our conviction, confirmed by law enforcement practice, that the characteristics of persons with disabilities in the provisions of the criminal law are insufficient, allowing not only to respect their rights and legitimate interests in the context of crimes committed against them, but also to strengthen their legal guarantees with additional measures to prevent crimes against this category of persons, due to their increased victimization.

The significance of this study is also increased by the total number of disabled people in Russia, indicating a consistently high level of such persons in quantitative terms. So, in 2021, according to the Federal State Statistics Service on the situation of people with disabilities ([Electronic resource] - URL: https://rosstat.gov.ru/folder/13964 ), the number of such amounted to 11,631,000 people, in 2022 – 11,331,000 people, by the end of 2023 – 10,933,000 people. At the same time, given the weak trend towards a decrease in the number of people with disabilities, attention should be paid to the increase in the number of children with disabilities from 2020. Thus, in 2020, the status of "disabled child" was established for 688 children, in 2021 – 704 children, in 2022 – 729 children, in 2023 – 722 children. At the same time, taking into account the ongoing special military operation, it is necessary to predict an increase in the number of people with persistent disorders of body functions resulting from military injuries (contusions, wounds), including those resulting from the suppression of public order violations.

Research.

In order to study the victimization of disabled people, the causes and conditions of crime, and improve preventive measures, along with the personality of the offender himself, it is necessary to study the personality of the disabled victim, his behavior preceding the criminal act, since often the provoking factor in committing a crime against a disabled person is the behavior of the victim himself.    

The study of court decisions freely available on the Internet resource "Judicial and Regulatory acts of the Russian Federation" (hereinafter - SudAkt)  ([Electronic resource] - URL: https://sudact.ru /) and materials of criminal cases, including those that were previously in the personal production of the author of this study, allows us to identify three groups of crimes most often committed against people with disabilities and having the specifics of the criminal's choice of a victim from the category under consideration. For the most part, they are directed against the property of a disabled person, or his life or health, as well as the criminal's selfish use of official powers generated by activities related to the formation of the status of "disabled person" in relation to the category of persons in need of it due to a state of health. Thus, from the analysis of court decisions, it can be concluded that socially dangerous acts of violence, property and corruption are mainly committed against persons with disabilities. Depending on the criminal orientation, the disabled victim is characterized as follows:

1.                 According to violent crimes, the victim is characterized by the presence of disability groups 1, 2, severe physical disabilities, mental disabilities, low social status, a narrow circle of communication, for the most part, people with disabilities aged 14 and over are subject to violence, crimes against sexual integrity are female representatives aged 12-50 years, influenced or dependent on the criminal.     

Unfortunately, crimes committed against this category of victims have the highest latency. This circumstance is due to the physical disabilities or mental illnesses of the victims, which do not allow them to fully realize the illegality of the actions committed against them or to inform law enforcement agencies in a timely manner about the crimes committed.  

2.                 According to crimes of a mercenary property orientation, the victim is aged 18-60 years old, a disabled person of 2, 3 groups, without pronounced signs of health abnormalities, with a regular source of income, with material prosperity, leads an active lifestyle. Disabled persons of the 1st group are less susceptible to property crimes, due to their close circle of communication, being under supervision. Thus, a disabled victim of the 2nd, 3rd groups is more likely to become the object of criminal encroachment, since he has material benefits that can be illegally seized.  

3.                 The third group includes corruption-related crimes against people with disabilities. The victim is subject to crimes of this category when applying for the status of "disabled person", increasing the group or degree of disability.  Victims of such criminal acts can be both persons with disabilities themselves and their legal representatives dealing with issues of registration of the status of "disabled person". Thus, victims of corruption crimes are not only the disabled themselves, but also the persons exercising their social and legal protection ^{[9, pp. 289-290]}. One example of a corruption crime is the court decision of the Gudkovsky City Court of the Rostov region against the former head of the Federal state Institution "Main Bureau of Medical and Social Expertise of the Rostov Region" No. 30, who illegally issued conclusions for monetary remuneration, on the basis of which the status of "disabled person" was subsequently issued or disability groups were increased, found guilty of committing crimes provided for in Part 2 of Article 290, Part 3, Article 290, Part 2 of Article 290 of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation) ^{[9, p. 290]}.  

At the same time, cases are not excluded when the disabled themselves, in order to increase the disability group, without having legitimate grounds, commit corruption-related crimes. A good example of the above is the fact that Mr. I. was convicted under Part 3 of Article 30, paragraph "b" of Part 4 of Article 291 of the Criminal Code of the Russian Federation for attempted bribery of an official in order to extend a previously established disability group (The verdict of the Salsky City Court of the Rostov region in case No. 1-17/2020 1 – 357/2019 from July 9, 2020 G. in case No. 1-17/20. [Electronic resource] - URL: https://sudact.ru/regular/doc/EO2Ele7TRWZZ /).

The classification of socially dangerous acts committed against people with disabilities by criminal orientation is of important theoretical and practical importance, which will allow for a more detailed investigation of the identity of the disabled victim and the offender, identify the determinants of crimes against people with disabilities, outline guidelines for preventive activities aimed at reducing crime against people with disabilities and minimizing latency.         

Back in 2016, P. A. Kabanov, considering the problem of victimization of persons with disabilities, came to the conclusion that disabled people of groups 1 and 2 in most cases were subjected to crimes of a selfish (property) orientation (theft, robbery, fraud, beatings) ^[3]. Based on the conclusions of the latter and the groups formed by us, reflecting the characteristics of the disabled victim, taking into account the orientation of the crimes, it seems necessary to establish the personality characteristics of the criminal who commits such crimes ^[4], since in the criminal relationship the victim and the criminal are inseparable.

The public danger of committing crimes against persons with obvious signs of a health disorder with a persistent disorder of bodily functions lies in the fact that the offender realizes that the victim is unable to resist, cannot report the commission of a crime due to ignorance of the illegality of the actions committed, or limited movement or lack of means of communication.  

In the course of a detailed study of this issue, taking into account the study of court sentences that have entered into force, we found that violent crimes are more often committed in everyday life, while persons living with a disabled person or nearby. We include such persons: relatives, acquaintances, neighbors, nurses, close people, educators in homes for the disabled, employees of specialized educational institutions where disabled children are located, etc. It seems that the abovementioned persons are motivated to commit socially dangerous acts against a person with disabilities by base motives and intentions to cause suffering and torment to the victim. One example of the above is a criminal case on a crime qualified as murder committed by burning in the house of a disabled person who, obviously for the guilty person, would not be able to get out of the burning building on his own (Definition of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation dated April 26, 2023 No. 81-UD23-6SP-A5. ([Electronic resource] - URL:  https://consultant.ru/cons/cgi/online.cgi?req=home&rnd=oGprw).

Another example that we have identified in the course of the study is the criminal case on charges of B., G., K., K., etc., of committing mercenary crimes of property and violent orientation. The case materials confirmed the fact that the accused committed a crime, despite the availability of information that the victim is disabled, which characterizes the personality of each of the criminals with special cynicism, low level of moral qualities, greed and greed (Verdict of the St. Petersburg City Court dated 12/29/2017 in case No. 2-4/2017. ([Electronic resource] - URL: https://sankt-peterburgsky--spb.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=80287409&case_uid=5fb9dd77-b0d6-4896-aebd-fc835635ff59&delo_id=1540006#).

  However, sometimes crimes against the personality of a disabled person are committed with other motives. These include, for example, murder out of compassion. Therefore, it becomes obvious and echoes D. J.'s conviction. Gostkova ^{[1, p. 130]} the need to establish in detail the motive for the commission of a crime, since in order to increase the objectivity of the final decision in a criminal case, the appointment of a fair punishment, they must be taken into account by the court. The motives that prompted the commission of a crime are also of high importance when choosing appropriate measures for individual prevention.  For example, they can be taken into account not only as an aggravating, but also as a mitigating circumstance (in the case of committing a crime against the background of severe moral exhaustion of the perpetrator caused by constant patient care). The need to identify all the circumstances of the commission of crimes against persons with disabilities was drawn to the attention of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation (Ruling No. 127-UD21-22-A3 dated January 18, 2022) ([Electronic resource] - URL: https://consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=699605#xrF3D5UO4H3z8Y1g1 ).

So, talking about domestic violence against people with disabilities, we have identified the following general characteristics of the offender's personality – these are people who are surrounded by a disabled person (close relatives, relatives, close people, employees of the institution where the disabled person is being treated or trained, guardians, teachers of specialized institutions, social workers), who are characterized by short temper, irritability aggressive response to the behavior or requests of a disabled person, they have a low level of performance of their assumed responsibilities for protection and assistance in maintaining vital functions. At the same time, the number of violent acts committed is significantly exceeded if a disabled person has mental disabilities, which is associated with irritability and short temper of the perpetrators to manifest violations of the emotional and volitional sphere. At the same time, in conditions when the victim cannot independently report the crimes committed against him, the repetition of such violent actions and their continuing nature are characteristic.

If a violent crime is not related to domestic violence, then in this case a disabled person is chosen as a victim by a person who, as a rule, has previously been convicted of committing violent crimes, or committed for hooligan motives in order to assert himself, for the sake of popularity or to increase the rating on social networks.

When analyzing criminal cases of crimes of a selfish (property) orientation, there are also features of the criminal's personality, depending on whether the perpetrator is included in the circle of communication of a disabled person, or intent arises from a person who saw the victim for the first time and decided to take advantage of his condition, which in some cases may indicate helplessness or defenselessness.

If this is a close and familiar person with a disability, then the age of the offender can be from 14 to 40 years old. A person has access to the place of residence of a disabled person and provides him with social services, helps in life activities. Basically, the intent of such persons is aimed at stealing benefits, pensions, social benefits, rights to real estate of a disabled person. Such people have a persistent sense of impunity for the crime committed, since they know that the victim cannot declare the crime committed due to a position dependent on the culprit or insufficient awareness of the illegality of the actions committed.

In other crimes of a property orientation, the age from 16 to 40 years was revealed, mainly men who use the physical or mental disabilities of the victim as a way to simplify the achievement of selfish goals. Such persons are characterized by a sense of impunity, a low level of legal awareness, they have previously been convicted of committing property or violent crimes, abuse alcoholic beverages, do not have stable earnings, are classified as a group of people with a low social level.

In the prevention of crimes of this orientation, individual work should also be based on who committed the crime (by a person from the inner circle or the victim was chosen randomly). We consider it advisable to provide additional guarantees and increased control over the expenditure of benefits, social benefits and pensions by persons in whose custody or maintenance a disabled person is. In the second situation, we consider it important to strengthen the protection of the property of the disabled, especially if this is related to the technical means of rehabilitation of the disabled (for example, wheelchairs, guide dogs, prostheses, etc.)

Thus, when developing preventive measures for crimes of the above-mentioned groups, it is necessary to take into account the specifics of crimes committed on domestic grounds and under other circumstances, paying great attention to the psychological characteristics of persons involved in helping a disabled person, especially those with mental disabilities, as well as causing pain and suffering from hooligan motives and increasing the rating on social networks. As a result, it seems advisable to supplement both the provisions of Article 213 of the Criminal Code of the Russian Federation and other crimes of violent and property orientation with a qualifying sign in the form of committing a crime against a disabled person, as well as to provide additional protection against attacks on persons directly providing the services of an assistant (assistant) or personal assistance to persons with disabilities in movement, orientation or communication, expanding the list of circumstances aggravating punishment (part 1.1 of Article 63 of the Criminal Code of the Russian Federation).

In criminal cases of corruption orientation, the peculiarity of some personal characteristics of criminals has been revealed. As a rule, these are men with higher education, employees of medical organizations, specialists of expert bureaus who have the right to recognize a person as disabled or determine, in accordance with the procedure established by the legislation of the Russian Federation, the right to appropriate social protection measures, including rehabilitation, seeking profit at the expense of funds received for "assistance" or a statement of the legality of the basis for the status "disabled." Such persons have distorted moral principles, lack moral norms, a disdainful attitude towards criminal law prohibitions prevails in their behavior, and a sense of impunity for committed acts is characteristic. Therefore, they commit such crimes repeatedly both against persons who have the right to receive disability, and persons who, although not having such a right, expect to increase material payments by providing knowingly false documents indicating the presence or past illnesses that limit vital activity and cause the need for social protection.

Further, attention should be paid to the category of victims of crimes of this orientation from among military personnel who were injured as a result of service and trying to register a disability, the need for which is dictated by the modern realities of events taking place in the territories annexed to the Russian Federation and in the immediate vicinity. However, the recording of corruption-related crimes against this group of disabled people is not the subject of accounting by the Ministry of Defense of the Russian Federation (Review of some corruption-related offenses related to receiving (giving) bribes in the Armed Forces of the Russian Federation for five months of 2019. The official website of the Ministry of Defense of the Russian Federation. [Electronic resource] - URL: https://stat.mil.ru/fnti-corruption/violations.htm ), which seems to be an unjustified omission.

As preventive measures to prevent crimes against a serviceman who needs to be assigned the status of a disabled person due to the circumstances that have happened to him, in our opinion, individual counseling of the injured person, as well as adult members of his family, should be introduced, explaining the specifics of disability registration, the specifics of the impact of the injury on the behavior of a person and ways to accept such a condition by relatives, the procedure for providing assistance to him and warning about the possible risks of becoming a victim of illegal behavior with an explanation of the algorithm of actions or behavior that allows timely prevention of such a development of events. In the case of moral exhaustion, it is necessary to detail the procedure for receiving psychological assistance both by the serviceman himself and his relatives.

Conclusions.

Thus, the recognition of an independent intersectoral direction of victimology – "victimology of the disabled", will not only identify the most vulnerable category of persons, but also determine the characteristics of the criminal's personality. Taking into account the analysis of criminal cases and the results of the author's research, three of the most common groups of crimes can be identified, in which the perpetrator chooses the victim precisely taking into account the limitation of the state of health, which does not allow him to resist properly or promptly inform law enforcement agencies about socially dangerous acts committed (committed) against them. These groups include violent, mercenary (property) and corruption-related crimes. Each of these groups has its own subgroups related to the peculiarities of communicating with a disabled person, being with him, or dictated by the spontaneity of making a decision due to the awareness of the lack of proper resistance.

The identification of groups of criminal orientation committed against persons with disabilities, the study of the identity of the victim and the perpetrator, will allow to identify the determinants of crime against persons with disabilities, outline guidelines for preventive work aimed at reducing the number of criminal assaults committed, minimize the latency of crimes committed against the category in question. In order to ensure proper legal protection for victims with disabilities, we consider it significant and necessary to expand the category of persons in a helpless or defenseless state in the criminal and criminal procedure law, supplementing disabled people of all groups, when establishing the fact that it is impossible to independently realize their needs and protect themselves, as well as resist the actions of the perpetrator.