THE PERSONALITY OF THE CRIMINAL AS AN ELEMENT OF THE CRIMINALISTIC CHARACTERISTICS OF CORRUPTION CRIMES ASSOCIATED WITH THE RECEIPT OF A BRIBER

Abstract

The article highlights that the central aspect in the structure of the forensic
characteristics of corruption crimes linked with obtaining unlawful benefits is the
offender’s persona. The study analyzes statistical data from the Office of the
Prosecutor General, materials from criminal proceedings on corruption crimes
involving unlawful benefits, and summarizes the results of surveys conducted
with investigators who investigated these crimes. General and specific signs of the
offender’s persona are identified. It is noted that the majority of corruption crimes
associated with obtaining unlawful benefits are committed by male individuals,
citizens of Ukraine, aged 40–54, with higher or professional pre-higher education,
and employed. It was established that the level of organization in this type of
crime is insignificant and accounts for less than 10% of the total number of the
studied category of criminal offenses. Additionally, it is emphasized that an even
smaller proportion is attributed to the indicator of criminal experience (3.96%) in
the forensic profile of offenders committing corruption crimes involving the
receipt of unlawful benefits. Regarding the presence of intoxication in offenders,
this feature is not regular within the mechanism of committing such crimes.
Moreover, this feature plays a greater role not in proposing general or specific
versions but in determining the scope and content of circumstances to be
clarified. It is noted that committing a criminal offense while intoxicated is
considered an aggravating circumstance, which significantly impacts the type and
severity of the punishment assigned to the offender. Therefore, clarification and
proof of this feature hold considerable significance in defining the degree and
nature of the punishment.