Public Danger of the Identity of the Offender

The work is devoted to a comprehensive description of the social danger of the individual and its criminal law significance. The purpose of the study is to characterize the concept, the essence of the public danger of the identity of the offender, as well as its criminal law significance. Achieving this goal involves solving a number of tasks. First, it is necessary to characterize the social danger of the crime. Secondly, to consider approaches to the definition of the concept and essence of the identity of the offender. Thirdly, to define the concept of the social danger of the individual and its relationship with the social danger of the act. Fourthly, to develop a system of criteria that determine the social danger of an individual. Finally, to explore the criminal law significance of the public danger of the individual in the framework of sentencing and exemption from criminal liability and punishment. As a result of the work done a number of conclusions are formulated. 1. A comprehensive approach to the structure of the personality of the offender, according to which it meaningfully reflects a set of properties of three groups: social, physiological (biological) and psychological. 2. Public danger of a person is a property of a person, which determines the commitment of a crime and reflects the ability of a person to commit a criminal act at the moment and in the future. 3. Solved the problem of the ratio of public danger of a crime and public danger of a person, justified the approach, according to which the public danger of a person is not fully determined by the public danger of a person, due to which a crime cannot be regarded as its only sign. 4. The system of criteria of social danger of a person has been developed. Public danger of a person is determined by character and degree as basic criteria. The nature of public danger of a person is determined by the corpus delicti of a crime: object, objective and subjective sides. The degree of public danger of a person, reflecting the likelihood of committing a crime, is determined primarily by subjective properties of a person, which can be divided into biological, psychological and social features, with the need to take into account the degree of public danger of a deed not being denied. 5. Crime is a fundamental and necessary criterion of public danger of a person. 6. The necessity of taking into account the totality of social, psychological and physiological properties characterizing the personality both from the positive and negative side was revealed and substantiated for assignment of fair punishment and, as a consequence, for prevention of crime. 7. The properties of personality having criminal-legal value at individualization of punishment are systematically stated. As these are noted: the attitude to work, the characteristic of the place of work or study, family status and attitude to everyday life, health status and the presence of serious illnesses, mental characteristics, the character of the offender and other properties. 8. When exemption from criminal liability, the positive post-criminal behavior of the offender, expressed in the confession, assistance in solving the crime, compensation for damage, sympathy to the victim, worrying about the offense and in other forms shall be taken into account. 9. At release from punishment diseases of physiological and psychological character, characteristic in a place of serving punishment, change of social structure of the person, in particular change of a family status and birth of a child, cure from alcoholism and drug addiction and other qualities are taken into account. On the basis of this work the recommendation on the development of a new position of the Supreme Court of the Russian Federation aimed at consolidation of the theoretical approach of complex consideration of personal characteristics in the individualization of punishment in law enforcement practice was developed, the directions for future research, in particular within the framework of clarification of criteria of public danger of personality were outlined.