Author : K. Hakimov
Researcher of the Tashkent State University of Law, Uzbekistan.
THE PREVENTION OF THE CRIMES MADE IN THE CONDITION OF EFFECT.
Prevention of deliberately murder, inflicting serious or moderate bodily injury, committed in the heat of passion, presents some difficulties that are related, firstly, with an unusual emotional state of the perpetrator, making its behavior uncontrolled, and secondly, that the crimes in question are situational wearing unexpected and in this sense “accidental” in nature. Therefore, victimization prevention should be aimed at early detection of most conflict situations in order to prompt intervention in the strained relations between their members, their release and normalization, carrying out preventive work with individuals with high victimization. It can be implemented on general social and special levels.
Of course, that the planning and implementation of preventive measures that would allow taking into account the peculiarities of their commission are only possible within the general and special-criminological measures for preventing other violent attacks on the person because these latter have in common with these social causes.
On the basis of special leadership in key areas of crime prevention, the latter involves eradicating criminal intentions through social and criminal justice measures, which are in constant interaction, complement each other.”Immediate” prevention of crimes of passion associated with the closest links in the chain of causal connections and relationships that makes the criminal conduct of a person, is to eliminate the immediate cause or other circumstances that create of a conflict situation and the effect of causing the perpetrator, as well as in most effective mobilization of all forces and internal capabilities of the latter.
Quarreling or fighting, initiated by the victim, his other illegal actions against the perpetrator or his relatives must stop before they cause a state of passion, become a real prerequisite for the crime. Well, if the “candidate” to the victims in time to stop their immoral or illegal acts before they cause an undesirable reaction. In other cases, the person to whom the offense has an opportunity not to respond to provocation, acting on the principle: “Contacting with stupid— is become foolish.” Actually, however, hopes for a settlement by the parties to it more often in vain, and then much depends on rapid and deliberate interference of other citizens who are witnesses of misconduct by the victim or the police and the public in maintaining public order, and others who became aware of such behavior. Such an intervention can be effective at the stage of suppression of the response of the guilty, but the more effective it is, of course, in the immediate elimination of reasons responsible for these actions.
CB subjective terms to prevent the crimes possible and after the onset of affective state, though fraught with the additional difficulties caused by the need to overcome an effect, as the most important stimulator of criminal conduct. “Manifest themselves in concrete actions of a person to the deprivation of life or injury to another person, emotion, passion reached acquire painful inertia, which is able to cope with not everyone”. “… Do not let the affect burst originated in scope – indicates SL. Rubinstein – and you will overcome his passion, remove originated in your emotional state of its affective nature. «But the impact on human emotions cannot be otherwise than by acting on the human psyche in general. The effect is afraid of deep mental work. “A higher level of awareness of the situation and caused her needs, feelings, and instincts can reduce the negative tone of the mind, makes it possible to manage their emotions and their manifestations in the external action”. In the heat of passion that could be achieved simply by ensuring that an immediate break of the nervous system undergoes continuous, ever-increasing emotional overload. “Procrastination is the best medicine-from the wrath of”, – reads the ancient wisdom of the Latin. For an arbitrary elimination of involuntary emotional reaction, to mobilize for this purpose are not available direct orders of the internal reserves of the human body should use such techniques and methods that allow you to switch attention, the whole course of his thoughts on subjects not directly related to the onset of effect and cause a conflict situation, or “to another, usually a positive activity. “Through self-hypnosis, memories of some abstract events can cause other, sometimes conflicting emotional experiences, which have a neutralizing effect on the current emotional state” , we can finally “count to ten,” resort to any other method, which allows reconstructing the emotional state, depriving it of its affective nature.
Decisiverolein the management of affect and one’s own behavior in these moments belong to”internal control” man,him self-control and endurance, the ability to rapidly switch attention, change the nature of activities and emotional experiences which have worked for years with the habit to do with a sense of responsibility and public duty, in other words, this requires it to high moral and emotional culture, ability to behave in society, including and especially in extreme conditions. Managementaffectsahighextent depends on the moral qualities of the personality of persistent behaviors caused by upbringing and life experiences. “
Negative influences on the personality flaws have youth policies of our state today. This is a weak cultural education, and demonstration of excessive media violence and idleness, the distortion of key historical accumulated values, poor education and spirituality, a sense of civic responsibility. In combination with a low level of social security, the difficulty of the material and domestic order, these defects lead to serious deformation of the consciousness of young people. Their value orientation is considerably reduced. Stomach states: “According to some studies, today the main purpose of certain groups of young people are becoming entertainment, wealth, money at any cost, rather than community service, one likes.”
Total prevention of crimes of passion, it is important not only to eliminate the next reasons leading to such an act but, above all, educated people who are not exposed to these reasons, in the process of education and livelihoods forming socially useful qualities and values of personalityPurposefullyto influence the emotional side of behavior, strongly fight for release from the aggressive habits and the like.”And how could I forget, do not stress again the importance of education from an early age not only the culture of behavior but also the culture of emotions”? “Conflicts -the constant companion of our lives, and the organization of emotion, it is the protection that a person has the power to oppose them”.
Difficult but necessary to achieve a situation where everyone especially young people, in any case, will do what is right just because of the fact that his positive behavior was his usual, customary and traditional. Educating citizens in a spirit of strict observance of law and morality will allow them to develop habits of intelligent behavior, always and everywhere, “then there are those habits when we came to the right, not because that sat down and thought, but because we are so accustomed to”. «The highest expression of the highest moral character of human activity —the combination of intransigence and responsibility” Upon reaching a high level of ideological conviction and moral strength, the influence of negative circumstances would not so dangerous and conspicuous. Achieving this goal can only be united efforts of the family, schools, public, labor groups and government agencies. Requires specially organized accomplishment work among the population. “Respect for the law should be introduced, stored in a mind from an early age,” says EA Pevtsov. Should take into account the age peculiarities of teenage thought in general and the emerging sense of justice in particular. Thus, we are laying the foundation of crime prevention of future time.
Inability to hold in a society in some way typical of perpetrators of crimes under article 98 of the Criminal Code of Uzbekistan, in an immeasurably greater degree distinguishes the victim, who by his deeply immoral and often criminal behavior provokes him to react. The effective suppression of unworthy acts of persons who create situations of conflict is inconceivable without the formation of their high moral qualities. Is also inextricably linked with the strengthening of educational work-in the sphere of everyday life and leisure, to combat drunkenness and alcoholism, increasing attention has to first de minimize situations that arise on the basis of domestic relations, with their timely resolution of measures of social impact, and where necessary, and measures state coercion.
In order to improve the preventive effect of legal advocacy is necessary to pay great attention not only knowledge of laws, but also strive to instill the citizens of these moral qualities, for which compliance would become personal needs of each person. In this part of efforts by publicauthoritiesandNGOseffortsshould be viewed as an essential part of overall crime prevention.
Formation of high-level legal awareness of the population identified as one of the main areas of judicial reform in Uzbekistan, which is essential to implement the requirements of article 1 of the Constitution of the Republic of Uzbekistan, which proclaimed the country the rule of law.
On the basis of the state program, rather than low-performing campaigns and some measures of a short-term system of legal education of citizens should include a phased solution of some problems by:
- introduction of mandatory legal discipline in schools, colleges, and higher educational institutions;
- open network of community legal advice to the public;
- ensure the availability of legal aid to the poor;
- Publication of regulatory, educational, reference and normative, special and popular literature;
- establishment of official news programs on television and radio;
- full support of the existing associations, clubs and other associations of legal aid to the population;
- active legal propaganda among the population of law enforcement, courts, judiciary, and educational organizations;
- training of qualified specialists, improve the professionalism of those engaged in legal education and enlightenment.
In recent years almost all Western countries were formed special state, and often state-societal structures of mixed type, which focus on research issues of crime prevention, develop various programs to implement them in life. Governments allocate significant funds to help local projects.
It seems that in order to improve the system of crime prevention in the executive branch should be generally set up commissions to prevent crime and impose on them the following tasks: developing a strategy and tactics, and planning measures to prevent crime, ensure the coordinated interaction of government, management, government and non-formations, as well as law enforcement in preventing crime, crime analysis and forecasting, public opinion survey of the population and identify priority activities for the prevention, preparation of design regulations for the prevention of crime.
As noted earlier, the vast majority of crimes committed in the melodramatic family and life. The problem of individual victim logical prevention of family offenses is: identifying and accounting for all potential victims, whose behavior is provocative, the choice of forms, methods, and means of prevention of exposure; monitoring the provocative parties, elimination of conditions that might harm. The work of social groups can be effective at the stage of suppression of the response of the guilty, but the more effective it is, of course, in the immediate elimination of reasons responsible for these actions.
In the domestic sphere of family conflict, as a rule, acquire lasting etiology. “Therefore it is important for early victim logical prophylaxis to prevent the escalation of interpersonal conflict and escalating it into a serious crime. “
District police officer must have objective information about individuals who are prone to commit crimes in the community, subject to scrutiny information about domestic offenses set forth in the letters of people, materials to dismiss the criminal case, investigators submissions, inspections of punishment, and reports of ships of termination marriages, evict people because of the impossibility of cohabitation. However, work on the implementation of information about individuals with increased victimization, is not up to par. It suffices to note that most domestic murders are committed to evidence. Almost40%of cases the cause of their long conflicts unresolved, which was well-known relatives, neighbors and police officers.
Largereservesto increase the effectiveness of prevention law enforcement have specialized training in this line of service activity, especially in the internal affairs bodies, carrying its bulk.
Our study showed that most of the victims were intoxicated and made a provocative action against the guilty in a state of intoxication. Therefore the problem of prevention and investigation of crime prevention is, above all, the fight against rising alcoholism.
Governments and world public admit the disastrous consequences of the spread of drunkenness and alcoholism. Of course, the struggle with alcoholism should primarily be implemented at the state level. State attempts to overcome such adversity. However, in recent years has actually refused alcohol policy. There is a lack of this aspect and social control. Whereas previously most preventive work with individuals and leading an antisocial lifestyle hold public formation at the present time many of them have ceased operations.
The effectiveness of anti-alcohol program depends on how correctly and completely covered the path of formation of drinking habits into account the psychological and other factors and conditions conducive attached to the alcohol. Prevention of alcohol must be carried out among juveniles directly in younger audiences and adults, parents, teachers, mentors, bringing up the younger generation.
Of great importance is promoting healthy lifestyles pursued by the media, which should take into account the achievements of psychology and medicine are presented in an accessible, vibrant and effective form – not just “too much alcohol harms your health”, as, for example, the image of the bottle and the results of impact alcohol on the liver, or excessive alcohol consumption implies the loss of fertility and procreation.” The main condition is also a proposal as an alternative to harmful lifestyles, healthy, successful, handsome and very popular way of life.
Рубинштейн, СЛ. Основы общей психологии. T.2 / СЛ. Рубинштейн. – М,: Педагогика, 1989. – С 496.
Кудрявцев, В.Н, Стратегии борьбы с преступностью / В.Н. Кудрявцев. – М.: Юрист, 2003. – С. 123.
Рулан, Н. Юридическая антропология / Н. Рулан.-М.: Норма, 2000. – С. 154.
Зорькин, В.Д. Тезисы о правовой реформе в России / В.Д. Зорькин// Адвокат. -2005. -№10. – С. 14.
Косоплечеев, Н.П., Измайлов, Ф.Ш. Воссоздать систему предупреждения преступлений / Н.П. Косоплечеев, Ф.Ш. Измайлов //Законность. – 1999. – №3,-С. 4.
Долгова, А.И Проблемы правовой и криминологической культуры борьбы с преступностью/ А.И, Долгова, -M.;Российская криминологическая ассоциация, 2002, – С. 35.
Шестаков, ДА. Семейная криминология/ ДА. Шестаков.-СПб,: Питер Принт, 1996.-С. 53.