Features of Examining a Scene of Actio, and the Identification of Victims in the Criminal Cases in Relation to Acts of Terrorism, страница 7

When Russian investigating system collided with crimes in legal services there were a lot of new problems. They became resist the criminals who have the same knowledge about criminal law and justice, tactics and technique  of investigation, communications with different authorities (including courts, prosecutor offices, police and so on), also they worked in this authorities before and can easily pretend the strategy of investigation. Moreover sometimes criminals are more qualified specialists then police and prosecutor investigators. Also we shouldn’t forget that these crimes are very latent.. Usually a victim understand that the crime had been accomplished a lot of time later.

So, choosing the best strategy of preventing crimes in legal services, should be considered the following factors:

·  The personality of the criminal;

·  The latent of the crime;

·  Features of formation the personality;

·  Social environment.

After that we can see that the best way to prevent this crimes is to work with the criminal personality and social environment.

This conclusion is obvious when the way of criminal  personality formation is shown. Such kind of crimes couldn’t be spontaneous because of the complex system of fulfillment. Usually it includes forging of documents, deceit and breach of confidence, some corruption activity, bribery, swindle, blackmail, etc. So it is not sudden intention, but it takes some time to form criminal propensities and internal assumption.

If we have more close look on such phenomenon, especially on the criminal, we can divide his professional life into several parts.

First part is occurrence of desire to become a lawyer. As a rule it happens at the age of 15 or 16, when a person thinks about his future or later if a person wants to have high education second time. In this part can be several different situations:

1.  Person decided to be a lawyer because he (she) wants to help people and thinks about a career in prosecutor, police, court;

2.  Person decided to be a lawyer because of material incentive (wants to “earn a lot of money”) and prestige (people who wants to change profession and have another education usually have these reason).

In both of these cases personal interests and desire can be seen easily and external pressure doesn’t take place.

3.  Person doesn’t have any desire to become a lawyer but he (she) has lawyers in the family (continuity of generations). As a rule in such situation there is no opportunity to choose another, not legal, “way” because of the external pressure (relatives);

4.  Person didn’t have any educational desires so the faculty was chosen by somebody else (usually it is relatives again) who thought about  material incentive and prestige.

In these cases there is no any personal interests and desires. The main component of “good will”  - personal motivation – is lost.

Of course it can’t be said that the three of these groups (2-4) always turn the person to the criminal and the first one - not. Any conclusions could be made only after testing all these groups and comparing the results with criminal statistics. But these groups show that the first step of the criminal formation – the base of criminal personality – have taken place before entering the universities.

Second part of this process – and, may be, the most important one – it is the time of studying (5 or 6 years usually).  This is the time when person is given his professional knowledge, the first degree of professional deformation and  when the professional sense of justice is formed. Person learns the rules of law, understands the ways of legal influence on the society, sees benefits of this influence. That’s why the second part is the most important and, may be, the most dangerous. Uncertain professional personal motivation or pure material personal motivation, which was described in the first part, could build a small base for future criminal intentions. Especially when it connected with uncertain understanding about illegal activity and it’s legal  consequences. It depends of how clear future lawyers understand the role which law plays in society, it’s power. The sense of justice is very important in this time because now it turns from ordinary to professional one. It can protect lawyer personality from the sense of all-power and impunity which is the base of some criminal desires.