Avanesov - The Principles of Criminology (Progress, 1981)
Avanesov - The Principles of Criminology (Progress, 1981)
Avanesov - The Principles of Criminology (Progress, 1981)
G . AVANESOV
TH E PRINCIPLES
G. AVANESOV
THE PRINCIPLES
OF CRIM INO LO G Y
PROGRESS PUBLISHERS
MOSCOW
Translated from the Russiarl
Designed by Yuri Luther
T, A. ABAHECOB
OCHOBbI KPMMMHOJIOrHH
H a OHBAUUCKOM S19UK6
11002-903
A 82 10-82 1203100000
CONTENTS
P R E F A C E .................................. . 7
CHAPTER I. Criminology as a Science. Its Subject and Method 15
1. A General Description of Crim inology........................ 15
2. The Subject and Method of Criminology, Its Aims and
Tasks .................................................................................. 21
3. The Aims and Tasks of Criminology, Its Main Functions 32
4. The Place of Criminology in the System of Sciences 46
CHAPTER II. Crime and Its Socio-Legal Essence.................... 61
1. The Characteristics and Relationship of the Concepts
of Crime and C rim e s .......................................................... 61
2. The Concept of Crimeand Its Socio-Legal Essence . . . 68
CHAPTER III. The Causes of Crime and Social Contradictions 80
1. The Causes of Crimer, Its Level and General Description 80
2. The Causes of Crime and Contradictions of Social
Development ................................................................... 89
3. The Differentiated Approach to the Assessment of the
Causes of C rim e ............................................................... 97
4. The Causes of Crime in Connection with an Analysis
of Criminogenic F a c to rs................................................... 116
CHAPTER IV. The Relationship of the Social and Biological
in the Causes of C rim e ........................................................... 122
1- The Interconnection of the Social and Biological in
the Causes of C rim e ........................................................... 122
2. Biological Problems in the Causal Complex of Anti
social Behaviour ............................................................... 130
3
CHAPTER V. The Criminal Personality and Its fAnti-Social
T en d en cy....................... 142
1. The Criminal Personality in the System of Social
Relations and Its P ecu liarities....................................... 142
2. The Dialectical Interconnection of the Criminal Per
sonality and Anti-Social B ehaviour............................ 158
3. Anti-Social Behaviour in the System of Types of Social
B e h a v io u r.......................................................................... 163
CHAPTER VI. The Concept and Essence of Criminological Fore
casting ...................................................................................... 173
1. The Science of Forecasting and the Branch of Crimino
logical Forecasting........................................................... 173
2. Types, Terms and Methods of Criminological Forecasting 184
3. Organisational Problems and the Content of Criminologi
cal Forecasting.................................................................. 194
CHAPTER VII. The Forecasting of Individual Anti-Social
Behaviour.................................................................................. 202
1. The Concept and Peculiarities of Forecasting Individual
Anti-Social B ehaviour....................................................... 202
2. Applied Problems of Forecasting Individual Anti-
Social B ehaviour............................................................... 211
CHAPTER VIII. The Conception of Social Prevention and
the Limits of Its Functioning............................................... 218
1. Determining the Conception in Relation to the Concept
of Social P rev en tio n ........................................................... 218
2. Social Prevention in the System of Measures for Crime
Control .............................................................................. 228
3. The Sphere of Social Prevention and the_Limits of Its
F u n c tio n in g .............................................." 234
CHAPTER IX. The System of Subjects and Objects of Social
Prevention .............................................................................. 246
1. Subjects of Social Prevention and Their General
Characterisation .............................................................. 246
2. The Main Trends in the Activity of the Subjects of
Social Prevention .................................................... 253
3. The Objects of Social Prevention and Their General Char
acteristics .......................................................................... 267
4. The General Analysis of Crimes as Objects of Social
P revention.......................................................................... 274
CHAPTER X. The Main Forms andContent of Social Prevention 285
1. Levels, Forms and TyDesof Social Prevention . . . 285
2. A Characterisation of tne Content and Provision of the
Social Prevention ofOffences............................................ 299
4
CHAPTER XI. Basie Principles of the Legal Regulation of Social
Prevention .............................................................................. 306
1. The Place and Role of Law in the Social Prevention of
O ffen ces.............................................................................. 306
2. The Legal Status of Subjects and Objects of Social
Prevention of Offences....................................................... 314
CHAPTER XII. The Main Problems of the Organisation of
Social P re v e n tio n ................................................................... 321
1. Special Features of Management in the Sphere of Social
Prevention of Offences................................................... 321
2. Comprehensive Planning in the Sphere of the Social
Prevention of Offences....................................................... 338
PREFACE
7
ensure a further steady rise in the material and cultural
standards of the people. To this end an impressive compre
hensive programme of measures is being carried out in the
political, economic, social, legal and other spheres of social
life under the leadership of the Communist Party of the
Soviet Union, measures designed to accomplish the tasks
formulated in the Constitution of the USSR.
Among these tasks an important place is undoubtedly oc
cupied by the further development of Soviet democracy and
the consolidation of law and order and socialist legality.
Attention to the accomplishing of these tasks and the scale
of the forces and resources mobilised for their implementation
by the Soviet state are growing from year to year, from one
five-year economic and social development plan period to
another. The main aims, ways and concrete measures for dev
eloping democracy, protecting law and order and civil
rights, and ensuring socialist legality are laid down in
the CPSU Programme, in the decisions of Party congresses,
and in the Constitution of the USSR. All these documents
not only affirm the urgency of the afore-mentioned problems,
but also stress their close connection with different aspects
of life and provide a profound characterisation of their
social significance.
The aim of the present book demands that we concentrate
our attention primarily on an analysis of the state of law
and order and socialist legality in Soviet society.
In accordance with this purpose, it should first be noted
that the consolidation of law and order and socialist legality
in Soviet society is a matter for the state as a whole. In this
connection some major ideological, political, moral, socio
economic and state-law measures have been planned and are
being introduced. The maintenance of law and order and
the ensuring of socialist legality are regarded by the Com
munist Party and the Soviet Government as tasks of para
mount importance, as objects of constant concern, as a special
type of social activity.
This attention of the Communist Party and the Soviet Go
vernment to the maintenance of law and order and the en
suring of socialist legality is determined by the objective
requirements of social development and is increasing sig
nificantly at the stage of mature socialism. When the powerful
material, technical and intellectual potential of socialism
has been created, the consciousness of the working masses,
8
their degree of organisation and discipline, their high ideol
ogical and moral qualities are becoming an ever more power
ful factor of social progress, an important condition of the
use of the material and spiritual possibilities in the inter
ests of the development of each individual and of society
as a whole.
In their concern for the all-round development of the
individual and the rights of citizens, the Soviet state and
society are at the same time taking effective measures to
strengthen social discipline and ensure that all citizens
fulfil their duties to society, for without discipline and a stable
social order socialist democracy cannot be realised. It
is the responsible approach of each citizen to his duties,
to the interests of the people, of society, that creates the
only reliable basis for the fullest possible embodiment of
the principles of socialist democracy, for the true freedom
of the individual. There is a reference to this in the Consti
tution. It states that each citizen should work conscienti
ously and observe labour discipline. “The Soviet state and
all its bodies function on the basis of socialist law, ensure
the maintenance of law and order, and safeguard the interests
of society and the rights and freedoms of citizens.” To prot
ect society against all manner of infringements, the Constitu
tion says, citizens of the USSR should not only enjoy their
rights, but also perform the duties imposed on them by socie
ty. Above all, every citizen of the USSR is obliged to respect
the rights and lawful interests of other persons, to be un
compromising toward anti-social behaviour, and to help main
tain public order. He is obliged to observe Soviet laws and
to respect the rules of socialist living.
Strengthening of law and order, ensuring legality, and
consolidating civil discipline are the decisive factors of
successful communist construction; this is a major socio-pol
itical task. It is being solved by the joint efforts of Party
organisations, state bodies and the Soviet public.
The developed socialist society is creating more and more
new opportunities for the all-round development of man,
of each member of society, raising his awareness and dis
cipline, which leads to the strengthening of law and order
and the ensuring of socialist legality. This is expressed,
first and foremost, in the further rise in the well-being of
the working people, the improvement of their working and
living conditions, the significant progress of health care,
9
education and culture—in everything that promotes the
formation of the new man, the all-round development of
the individual, the improvement of the socialist way of life,
and social relations. However, the education of the new man
and the formation of his personality are difficult and com
plex processes. And although the achievements of the Soviet
system arc indisputable in this respect, one nevertheless
still often finds people here with a low level of social con
sciousness, who do not follow socialist principles and the
requirements of socialist morality in practice and who violate
the established law and order, the norms of socialist life.
It is therefore essential that the growth in material opportu
nities should be accompanied by a constant rise in people’s
ideological, moral and cultural levels, a growth in their
consciousness. Otherwise society will be faced with recur
rences of philistine, petty-bourgeois psychology. Drawing
the attention of the whole Party to this fact, the 25th CPSU
Congress stressed: the higher our society rises in its develop
ment, the more intolerable deviations from socialist norms
of morality become. Money-grubbing, drunkenness, private-
ownership tendencies, hooliganism, bureaucracy and indif
ference to other people run contrary to the essence of our
system. In the struggle against such phenomena it is essen
tial to make full use of the opinion of the work collective,
criticism in the press, methods of persuasion, and the force
of law—all the means at our disposal. These directives of
the CPSU determine the main trends of the ideological and
educational work to overcome vestiges of the past in people’s
consciousness, and to assert the principles of communist
morality. It must always be borne in mind that anti-social
acts do great harm to economic construction and the ideol
ogical and moral education of all Soviet citizens.
The organisation of the struggle against anti-social acts
is a complex problem. It includes ideological, political,
socio-economic, legal, moral, ethical and aesthetic, psychol
ogical and other aspects of the activity of society. Therefore
success in this complex task can be achieved only when
each work collective, each Party, Komsomol and trade
union organisation, each head of an enterprise, and all the
working people regard the struggle against anti-social acts
as their prime civic duty, as one of the means of raising the
economic effectiveness of production and the well-being of
the people and improving conditions of work and rest, as
10
a manifestation of concern for people, for future generations.
Every Soviet citizen should take an active position in the
struggle for the strict observance of Soviet laws and the
maintenance of law and order in society.
In the ensuring of law and order special attention is paid
to legal institutions of a preventive nature. This is connected
with the need to develop a system for the prevention of anti
social, including criminal, behaviour. The abolition of
crime, the removal of all the causes and conditions which
give rise to it, is an indisputable requirement of the socialist
social system.
The course of crime prevention was determined by the
CPSU Programme which states: “Higher standards of living
and culture, and greater social consciousness of the people,
pave the way to the abolition of crime and the ultimate
replacement of judicial punishment by measures of public
influence and education.” The CPSU Programme links the
abolition of crime, first and foremost, with the removal of
the causes of crime. It states that attention should be direct
ed mainly at crime prevention.1
This course has been further developed and substantiated
at CPSU congresses and in important Party documents,
which have laid down the fundamental directives on the
basic questions of crime control and prevention. Prevention
of offences is of prime importance in crime control. Therefore,
in the USSR alongside the punitive measures provided for
by law increasing attention is being paid to the prevention
of crime.
Bearing in mind that crime as a social phenomenon is of
a rather complex nature and is connected with certain social
processes, the Party is devoting attention to the further im
provement of state bodies whose job it is to control crime,
the activity of public organisations, problems of improving
legislation, strengthening law and order, ideological, pol
itical and moral education, and developing the political
system of society and social relations. It attaches profound
social importance to crime control and prevention.
In fact crime control is an organic part of the whole system
of social activity aimed at improving the socialist way
of life and socialist public discipline. It helps to overcome
It
vestiges of the past hostile to socialism and protects society
against persons who violate public discipline, persons who
violate the legal, moral, and social norms of behaviour.
Crime is a negative and, of course, dangerous phenomenon
for society. It is dangerous because it demoralises members
of society and does great material and, possibly, even greater
moral harm to the interests of society.
The communist society that we are building and crime
are objectively incompatible. There can be no complete
triumph of communist morality without the elimination
of crime as a phenomenon. The process of the abolition of
crime is not a quick or smooth one, however. It is impos
sible to solve the task of eliminating crime by “campaigns”,
without consideration of the real objective possibilities
available to society at each stage of its development. The
elimination of crime cannot, therefore, be an instantaneous
act. To eliminate such an evil as crime much time and
effort is required. It cannot be wiped out with a single blow.
Lenin said: “...If we are not to indulge in utopianism, we
must not think that having overthrown capitalism people
will at once learn to work for society without any rules of
law. Besides, the abolition of capitalism does not immediately
create the economic prerequisites for such a change.”1
Consequently, only a society whose citizens possess high
ideological, political, moral and other socially useful qual
ities will be able to abolish crime. They will be distinguished
by a high cultural and educational level, rich spiritual needs,
and active attitude to life. Their consciousness and beha
viour will be fully liberated once and for all from the nega
tive consequences of the past, from the influence of ideology
alien to Soviet society. Such a position can only be achieved
as a result of the resolute and persistent work of the whole
of socialist society. This long-term orientation of our policy
in the sphere of crime control is, to use Lenin’s expression,
“the general plan of our work, of our policy, of our tactics, of
our strategy...”2 The aim of crime control, however, is
always to abolish fully this socially dangerous phenomenon.
But even the very setting of this aim takes into account the
fact that the process of crime control means changing the
1 V. I. Lenin, “The State and Revolution”, Collected Works,
Vol. 25, 1977, p. 472.
2 V. I. Lenin, “Better Fewer, But Better”, Collected Works, Vol. 33.
1966, j). 501.
12
conditions of crime as a whole, and also of its individual
forms. This process is a long one and takes place under the
influence of internal and external conditions characterised
by definite laws.
Formerly the opinion was sometimes expressed that crime
would be abolished very quickly in our society, as if the
very advent of socialism would put an end to anti-social
phenomena once and for all. In this connection people often
denied the need for criminological forecasting, planning,
and administration in this sphere, and even for active crime
prevention. This was a consequence of the underestimation
of crime itself as a complex social phenomenon, and also
of the widespread opinion that there are no social roots of
crime in socialist society.
The unscientific nature of the voluntarist statements that
crime would be abolished in a very short time and that
punishment was on the way out and would be replaced by
measures of public influence is now clear to everyone.
It is essential for the state to possess objective indices
for crime at the present and the possibilities for changing
it in the future, because the problem of combating anti-social
phenomena remains as before an acute one, insofar as the
level of crime cannot yet be regarded as low and the ten
dency towards a drop in crime is not an entirely stable one.
There are still a whole series of factors, causes and condi
tions that determine the existence of crime. However, these
factors, causes and conditions do not stem from the nature of
socialism. They are produced by the concrete historical situa
tion in which the new society is being built, by the existence
of certain contradictions and difficulties of both a subjective
and an objective nature.
At the present stage of the development of Soviet society
one of the essential conditions for the gradual abolition of
crime is a scientific approach to the organisation of crime
control. Today the problem of crime control is no longer seen
on the level of the traditional “detecting and suppression
of crime”. The approach to this problem has changed to
a certain extent, first and foremost, due to the need for
a scientific solution of it. To deny the important role of
science here is essentially to deny the objectivity and com
plexity of the content of crime, to oversimplify the task of
controlling this phenomenon.
For our society the main trend in crime control is the
13
prevention of offences. The aim of prevention is not to punish
people, but to restrain, caution and protect them from com
mitting crime by educating them in a proper way. Here one
can see clearly the humanism of the socialist system of crime
control. Prevention of offences also aims at strengthening
the guarantees of social order, at inculcating in people a deep
respect for the laws, legal and moral demands and rules of
the socialist way of life. It is undoubtedly the relevance of
and pressing social need for a theoretical analysis of the
problems of preventing anti-social behaviour that have
aroused an active interest in them among the Soviet public,
particularly in scientific circles. The results of research on
problems of crime prevention have been discussed both in
philosophical-sociological and socio-psychological scien
tific literature and in juridical literature, particularly crim
inological. Quite a lot has been done in this sphere. Soviet
scholars have contributed greatly to the theory of crime
prevention and control. However, life is presenting us with
new tasks, of both a theoretical and a practical nature.
Obviously such tasks include the writing of a new textbook
on the principles of criminology which would sum up all
the achievements of Soviet criminology.
We have attempted to write such a book. It has been pre
pared with due account of new material acquired from studying
the theory and practice of criminology and social prevention,
and from consultations with scientists and practical workers,
specialists in the sphere of criminology and of crime preven
tion. In addition, use has been made of a wide range of litera
ry sources on other branches of knowledge.
Chapter i
CRIMINOLOGY AS A SCIENCE,
ITS SUBJECT AND METHOD
2-01771 17
Criminology as a special science
23
called applied. However, the term “prevention” can be seen
in a wider context, not only from the viewpoint of crim
inology, but also from the viewpoint of sociology and law,
the whole complex of criminal-law sciences, management
psychology, etc. Then we are dealing with social prevention.
Hence the development of such a complex applied scientific
discipline as social prevention. Although firmly based on
criminological theories, the discipline in question exists
independently, for its content is determined by the prac
tical sphere which it serves. Obviously its subject cannot
be absorbed by the subject of criminology. The concept
of this prevention does not coincide with the concept of
criminological prevention. The latter is merely a part of
social prevention.
The structure of the subject of criminology
In this case the problem is connected with the study of
the individual structural elements of the subject of crim
inology. We must proceed from the fact that without estab
lishing clear-cut scientific criteria for defining the relations
that make up the subject of criminology, we cannot form
ulate the very concept of the subject of this science. Moreover
we must determine the system of social relations connected
with the problems studied by criminology.
In speaking of the subject of their science, criminologists
usually talk mainly about crime, its causes and conditions.
However, to our mind, the criterion of the close connection
of the subject of criminology with crime only, its causes
and conditions is insufficient for a profound study of the
structure of this subject. Firstly, it declares all social rela
tions in any way connected with crime to be the subject
of criminology, secondly, it encourages the not always justi
fied expansion of the subject of this science at the expense
of the relations connected with crime and its causes. This
leads to an indefinite structuring of the subject of crimino
logy. It is essential, therefore, to study the inner structure
of social relations connected with crime, its causes and con
ditions, and their logical connections, i.e., the inner organ
isation of the subject of criminology. For crime, like its
causes and conditions (in the broad sense), is the subject
of direct study of criminal-law sciences (the sciences of the
criminal cycle): criminal law, criminal procedure, criminal-
24
istics and corrective-labour law (criminology is also included
in this cycle). These sciences study various aspects of crime
with their own methods and corresponding research aims.
Therefore we can speak, on the one hand, of the crimino
logical study of crime, its causes and conditions, and on
the other, of criminal-law, criminal-procedural, criminalistic
and corrective labour studies. The overall study of crime
may be called “criminal”. This concept is a collective one.
It unites all the branches mentioned above.
The other sciences, juridical and non-juridical (connected
in some way with criminology) study crime, its causes and
conditions only indirectly. Crime enters the sphere of these
sciences only from the viewpoint of their own subject, and
mainly in connection with an analysis of the relations that
show a connection with crime.
Thus, it is permissible to speak of two types of social
relations connected with crime, its causes and conditions:
those of a criminal-law nature (direct connection) and those
not related to criminal law (indirect connection). In the
first group we must distinguish those relations which are
part of the subject of criminology. They have their own spe
cial features. And we must proceed from the fact that the
subjects of the criminal-law sciences intersect but do not
coincide.
In drawing a demarcation line between the subjects of
the criminal-law sciences, we must focus attention on the
interpenetration of these sciences. It is essential to stress
the impossibility, futility and even harm of attempts to
erect a kind of “Great Wall” between these sciences. No
definition of the subject of any of the criminal-law sciences
cuts them off from one another, because the process of inter
penetration is characteristic of them. Identification of the
subject of each of these sciences and their interconnection,
and a study of the structure of the subject is essential only for
the purposeful and effective organisation of scientific re
search in the sphere of this or that branch of knowledge and
also for the solution of questions of the concrete use of scienti
fic achievements in the practical work of crime control.
In defining the structure of the subject of criminology,
one must indicate the range of social relations that are con
nected with the problems studied by this science. These
problems include: a) crime as a phenomenon, its causes and
conditions; b) the personality of the criminal and criminal
25
behaviour; c) the prevention of crime and crimes; d) crim
inological research (including forecasting) on the phenomena
of crime: e) administration of the processes of crime control.
These problems are studied from the viewpoint of crim
inology. Their complex analysis is connected with the inter
disciplinary nature of criminology.
The subject of criminology is connected with its method.
The method of a science cannot be elaborated in isolation
from its subject, because it is the latter that determines
the specific features of the former.
The method of criminology
Philosophy does not give ready-made solutions to the
questions studied by special (concrete) sciences, but prov
ides all branches of knowledge with a correct theory of
thought and method for finding these solutions. In the
sphere of criminology, for example, Marxist-Leninist phil
osophy directs scientific thought to an increasingly precise
understanding of the phenomena of crime in all their object
ivity, in all their concreteness and dialectical contradic
tion. It is no accident that we have observed recently a con
siderable growth of philosophical problems in criminology.
This testifies to criminologists’ growing interest in the gen
eralising, fundamental questions of their science, their striv
ing to develop creatively a methodology for understanding
the specific nature of the phenomena of crime. The nature
and scale of modern criminological problems urgently de
mand a further improvement in criminological methodology.
All this is connected with the active application of the uni
versal method of cognition in criminology.
In studying crime criminology actually studies social
phenomena, the most complex type of matter in motion.
Therefore general philosophical methodological principles
manifest themselves here (in the study of the phenomena of
crime) in concrete form. As they make the transition to
increasingly concrete levels of cognition they acquire addi
tional characteristics and act as the method of the social
sciences (to which criminology also belongs). Sometimes
these general philosophical principles do not reveal them
selves externally, but they are invariably present as the lo
gical foundation of the method (and the whole categorial
apparatus) which is used by more concrete spheres of knowl-
26
edge. It should be remembered that general philosophical
methodology runs through the methods of the special sci
ences. Its relationship to them is that of the universal to the
particular. It is not a question of the mechanical extension
of general philosophical principles to the cognition of the
phenomena of crime, but of their further deepening and
development in criminological research.
There is an urgent need for criminology also, firstly,
to elaborate its own methods proceeding from its subject
and, secondly, elaborate its own forms of applying the
universal method of cognition. In other words, there are
two important prerequisites for the application of phil
osophy in criminology: a) insofar as the content of the
subject in question is expressed in its method, the special
features of the subject inevitably predetermine the special
features of the method, which makes it necessary to apply
in criminology, alongside philosophy, its own special me
thods; b) the general concepts and principles created by
philosophical theory are of major significance in research
into the concrete, special problems which criminology studies.
The method of dialectical materialism
in criminology
The dialectical law of the development and interconnec
tion of phenomena forms the basis of the study of crime and
its categories. Acceptance of the dialectical method as the
basis of scientific criminological research raises the question
of how to use this method in solving concrete problems
related to the subject of the science in question. It should
be borne in mind that in general the problem of crime (like
all other problems in criminology) is a non-formal one.
Therefore the dialectical method is one of the basic methods
of the scientific study of the phenomena of criminality.
The application of the dialectical method in criminology
should be done, first and foremost, by research from the
concrete to the abstract, and then from the abstract to the
concrete. “The first procedure attenuates meaningful images
to abstract definitions, the second leads from abstract defini
tions by way of reasoning to the reproduction of the con
crete situation.”1 In relation to criminology this proposition
1 Karl Marx, A Contribution to the Critique of Political Economy»
Progress Publishers, Moscow, 1978, p. 206,
means that in proceeding from the direct idea of crime, not
yet analysed by the theory of criminology, it is essential
to single out the most general concepts and definitions,
and then to reproduce these general concepts and definitions
in the concrete diversity of their manifestations. In so
doing one must proceed from Lenin’s proposition that
“thought must apprehend the whole ‘representation’ in its
movement, but for that thought must be dialectical”.1VVhat
is meant by movement here is any change of state. Dialectics
is the pure movement of thought in notions.- It rejects
outright the admission of absolutely unchanging, final,
eternal concepts on this or that phenomenon or process,
no matter how simple and elementary they may seem.
It should be remembered that criminological concepts also
move away from what has become usual and commonplace to
what seems unusual and not commonplace.
The processes of the appearance of new elements in crim
inology, which are dialectical in their nature, are not stan
dard, stereotyped ones. Here the new is cognised, as a rule,
in the process of and as a result of forecasting. Forecasting,
from the point of view of dialectics, is an assumption based
on knowledge of the laws of the objective world as to what
will happen, how and in what way a given phenomenon will
change in the future. In this case dialectics acts as a method
of forecasting and of purposive action.
The dialectical method is dialectics in action. It contains
all the ways and means of applying dialectics in the study
of the specific subject of criminology and setting out its
results. Mastering the method should not be restricted to
acquiring knowledge of the laws and categories of dialectics.
This is only the first stage. The essence lies in being able
to apply dialectics. The way for criminology to master the
dialectical method is for it to study the methodology of
Marx ism-Len inism.
How does dialectics show itself in criminology and how
does it help us to assess phenomena and processes on a truly
scientific basis? Dialectics shows itself first and foremost
in the objective contradictions of the process of crimin
ological cognition, as movement from lack of knowledge to
knowledge by overcoming errors and mistakes, replacing
1 V. I. Lenin, “Conspectus of Hegel’s Book The Setence of Logic”,
Collected Works, Vol. 38, 1961, p. 228.
2 Ibid.t p. 252.
28
relative truths, surmounting one-sided aspects of theory,
etc. These contradictions of cognition, evaluated from the
viewpoint of dialectics, show us how incomplete knowledge
becomes more complete. Frederick Engels said that dialec
tics make us aware of “the necessary limitation of all ac
quired knowledge, of the fact that it is conditioned by the cir
cumstances in which it was acquired”.1 Dialectics “works”
effectively in criminology precisely because the phenomena
and processes studied by this science possess such contra
dictions in their development that are characteristic of them
as social phenomena. The dialectical mode of thought places
the problem of analysing these phenomena and processes
on the foundation of concrete research. This approach enables
one to understand the special features and trends of the
development of the phenomena and processes studied by
criminology, which stem from the specific historical condi
tions of this or that age, this or that country. For crim
inology dialectics is vital and productive only in constant
interconnection with concrete knowledge, with life, with
the pressing problems of modern criminological knowledge.
It serves as a means of solving these problems and is con
stantly enriched with their concrete content. In such cases
dialectics and criminology are “directly” linked with each
other.
The multiplicity and diversity of definitions of dialectics
testifies to its many-sidedness. It is, as Lenin said, “living,
many-sided knowledge (with the number of sides eternally
increasing), with an infinite number of shades of every
approach and approximation to reality”.2 Therefore in cri
minological research (as in all other scientific research) it
is impossible, and unnecessary, to assess phenomena and pro
cesses from the viewpoint of all the aspects of dialectics.
In such research it is quite permissible to stress one par
ticular aspect of dialectics, to consider it from this or that
angle. However, the criminologist is bound to take into
account the broad possibilities of the dialectical interpreta
tion of the phenomena and processes under review.
29
The union of dialectics and criminology is not a formal
one. Dialectics provides a broad methodological base for
a meaningful analysis of the problems studied by criminology.
Dialectics helps criminology to interpret its problems phi
losophically.
The method of historical materialism
in criminology
The approach to the understanding of social phenomena
and processes from the viewpoint of historical materialism
is at the same time the dialectical approach. Historical
materialism must not be divorced from dialectical mater
ialism. They must be examined together. The difference
between dialectical and historical materialism lies not in
the principles of their approach to the phenomena of reality
and not in their methods of considering these phenomena,
but in the objects of research, in the range of phenomena
considered. Dialectical materialism is a science about the
most general laws of development of nature, society and
human thought. Historical materialism studies the laws
which operate in society only. Therefore, in all scientific
research, criminological included, it is important to ensure
a close link between historical materialism and dialectics,
dialectical materialism.
For criminology the method of historical materialism
(or historical method) is important not only for solving
“purely historical” questions, but also for understanding
the present day. This method helps us to explain the essence
of present-day phenomena and can be used to forecast pro
cesses of development both of society as a whole and of con
crete social phenomena, such as crime. Lenin wrote of the
historical method: “The most reliable thing in a question
of social science, and one that is most necessary in order
really to acquire the habit of approaching this question
correctly and not allowing oneself to get lost in the mass
of detail or in the immense variety of conflicting opinion—
the most important thing if one is to approach this question
scientifically is not to forget the underlying historical con
nection, to examine every question from the standpoint of
how the given phenomenon arose in history and what were
the principal stages in its development, and, from the
standpoint of its development, to examine what it has
30
become today.”1 From this proposition of Lenin's one cart
draw the following conclusion: the historical approach to
the analysis of criminological problems, questions of the
origin and change (development) of the tendencies and laws
of crime in the past, present and future is one of the most
important manifestations of the method of historical mater
ialism in criminology.
This approach is an essential condition for revealing
the essence of crime, for it links this phenomenon indis
solubly with a definite socio-economic formation, with the
whole system of social relations at a given stage of the dev
elopment of society. Moreover the method of historical
materialism enables us to understand the contradictory
nature of social development, to grasp the essence of the
phenomenon under review, and also of the processes con
nected with this phenomenon, their laws, main tendency
and direction of development.
The basis of all scientific research is the study of history
as a single process which is law-governed in all its many-
sidedness and contradictoriness. This may be the study of
the history of society as a whole, when one is dealing with
a global problem. It may also be a study of the history
of this or that sphere of social life, when a task arises in
the sphere of some particular phenomena. But in both
cases scientific research must include a study of the law-
governed development of the relevant social object (or objects)
from the viewpoint of its history. Crime is such a social
object. As a social phenomenon it has its own history.
In studying it from the standpoint of Marxist-Leninist phi
losophy, it is easy to see that its development is consistent,
law-governed and conditioned. However, a study of the
history of crime presupposes an examination of all its contra
dictory tendencies that are characteristic of it in a certain
period of time. This is an essential requirement of Marxist-
Leninist philosophy. Lenin pointed out that in analysing
any social question it is essential to place it within a definite
historical framework.2
Crime, as a social phenomenon, can be successfully stud
ied only if the whole course of its history, the laws of its
31
changes at different stages, its contradictions, tendencies,
etc., are studied from the standpoint of Marxist-Leninist
philosophy. The main task of the historical approach to
these problems is to reveal and determine the contradictions
in the development of crime and to establish the factors that
have promoted its changes over the whole history of this
phenomenon. This requires concrete, precise consideration
of the changing historical situation. To concentrate only on
the past and fail to see and understand the new elements
that arise in the process of the historical change of crime
as a phenomenon may lead to serious errors.
As a theory of society and the laws of its development,
historical materialism enables us to generalise the history of
criminology in general and the history of all the questions
included in the subject of this science, and to assess their
qualitative and quantitative changes in time.
Thus, dialectical and historical materialism helps us to
study those events, phenomena and processes which charac
terise the subject of research from the broadest, most univer
sal standpoint.
34
by its connection with life, with the practical work of build
ing a communist society. This in no way excludes the need
for a deep theoretical foundation. Without the setting up
of a scientific system, without the identifying of simple
elements, initial concepts, without fundamental generalisa
tions the effect will be superficial. Criminology will perform
its major tasks in crime control —the abolition of this phe
nomenon from the life of Soviet society, only if it acts as
a true science.
The tasks of criminology may be summarised as the detec
tion and scientific study of the causes and conditions of
crime, the analysis of the tendencies and laws of crime, its
state, level and structure. These tasks also include the detec
tion of persons capable by virtue of their behaviour of com
mitting a crime, and the study of them with the aim of exert
ing an edifying, preventive influence on them All this
is necessary in order to provide the practical sphere with
concrete recommendations, the best possible information.
Special attention must be paid to solving the task of
a differentiated approach to crimes and criminals, the elab
oration of preventive measures. All these tasks make it
necessary to examine the following main groups of scientific
and theoretical problems which concern not only current,
but also long-term aims.
The study of crime as a phenomenon
Here the main attention should be devoted to an analysis
of crime as a phenomenon, its causes, and factors—crim
inogenic and anti-criminogenic. Special subjects of research
are the state, level, structure and dynamics of crime at
different stages of the development of society. It is essential
to ensure observance of the principle of the unity of quanti
tative and qualitative analysis. On the basis of the data
obtained criminological forecasts are made which form the
basis for long-term plans for crime control.
The study of types of crime is connected with the analysis
of recidivist crime, juvenile delinquency, primary crime,
female crime, male crime, etc. This is done in accordance
with the demands made of scientific research.
In studying crimes and their causes data on the intercon
nection of crimes, their different groups and categories with
the phenomenon of crime as a whole are accumulated, gener-
3* 35
alised and analysed. On the basis of systems analysis a studd
is made of the interconnection of all crimes, firstly, wity
individual elements of the metasystem, and, secondly, with
the social system as a whole (with all the phenomena anh
processes that exist in society). In paying special attention
to the classification of crimes (the classification of crimes
that are homogeneous and similar into “generalised types’*),
the criminologist generalises and studies (interprets accord
ingly) data on the causes of the commission of concrete
crimes, on the conditions in which they are committed, and
the circumstances (situations) which promote their com
mission. As a result he obtains a picture of the causes of
crime as a whole. Research into thecauses of crime facilitates
to a certain extent a study of the consequences of the anti-so
cial behaviour both of individual categories of offenders and-
of certain social micro-groups of persons leading an anti
social way of life. Here we are dealing basically with the
practical questions of explaining the causes, conditions, and
circumstances of crimes and their consequences.
Study of the criminal personality
and the mechanism of committing a crime
First and foremost it is important to describe and assess
from the theoretical and practical point of view the struc
ture of persons committing crimes, according to such features
as sex, age, education, etc. This enables us to analyse how
offenders realise their illegal (criminal) behaviour in a real
socio-psychological environment and what influence they
have on the formation of individual propositions of “every
day philosophy” and “everyday psychology”. Such an analy
sis helps us to understand the formation of the so-called
scale of social values of those around us, to determine the
social prestige of the bodies controlling crime and the indi
vidual representatives of these institutions, and to assess
the offenders themselves. This, in its turn, promotes the
accumulation and generalisation of data on the commission
of offences, materials describing unlawful activity and the
most characteristic, frequently occurring factors in the pre
paring and concealing (the latent aspect) of crimes within
different categories and groups. It would appear to be pos
sible to analyse the conceptual structure of the various types
of crimes in terms of the processes of their commission. Spe-
30
d al attention must be paid to the processes of the formation of
“programmes” of anti-social behaviour of the individual in
society and the laws governing the processes of the forma
tion of “programmes” of lawful behaviour in different condi
tions—in open (family, school, etc.) and closed (predom
inantly places of detention) communities. The data obtained
will help to ensure the drawing up of measures to prevent
anti-social behaviour.
The regional study of crime includes two main trends:
the accumulation and generalisation of data on the distribu
tion of the various types of crimes in the various regions and
the generalisation of regional information over the country
as a whole. These data help to organise a more effective crime
control (to draw up forecasts, preventive measures, etc.)
with due account not only of nation-wide requirements, but
also of the local conditions of this or that region.
Determining the main trends in crime prevention
Here the first thing to be assessed is the general trend
of preventive activity, then the trends, types and forms of
this activity are established from the standpoint of the dif
ferentiated approach. The main trends of prevention are:
early and direct prevention, general prevention and individual
prevention. In the drawing up and carrying out of prevent
ive measures the comprehensive approach is essential. It
requires the elaboration, firstly, of a system of prevention
in general, and secondly, of a system of preventive measures
which take account of individual trends: moral, legal,
pedagogical, psychological, medical (including psychiatric)
prevention, etc.
The prevention of individual categories and groups of offences
is based on the above-mentioned classification of crimes and
the differentiated approach to them. It is essential that spe
cial attention be paid to the prevention of crimes committed
through drunkenness and alcoholism, and also through drug
addition and toxicomania, amoral behaviour in the sphere of
sexual relations, the socially dangerous behaviour of persons
with psychic abnormalities that do not exclude liability,
etc. The traditional trends should not be overlooked: the
Prevention of murder, robbery and embezzlement, hooligan
ism, juvenile delinquency, recidivist crime, etc. There has
long been an urgent need to determine special features of
37
preventive measures for women offenders. A study of the
different character of crimes and their many and various
causes and the drawing up of differentiated measures for
their prevention will help to solve the task of creating
a proper prevention system.
The system of subjects of crime prevention is composed of
two main groups: state bodies and public organisations
(formations). Precise listing of the subjects of crime preven
tion will make it possible to establish not only their concrete
functions, but also the functions of the subdivisions and
officials, public formations, clubs, societies and other public
organisations, and their representatives, etc., which form
part of the system of this or that body, organisation or de
partment.
Defining the objects of preventive action is linked with
answering the question: In relation to whom should crime
prevention be carried on? Here we must list the categories of
persons in need of preventive action, both as a whole, and
also separately depending on their degree of social danger
(recidivists, drunkards, family brawlers, etc.). Precisely
who and under what circumstances should be subjected to
preventive measures? The answer to this question is a most
complex task which nevertheless must be solved.
Life also dictates the need to accumulate and generalise
data on material and other types of resources expended by
the state on crime control (crime prevention, detection
and investigation, the investigation of criminals, etc.). Here
account must be taken of the material loss incurred by so
ciety as a result of the commission of crimes. It is essential
also to accumulate and generalise data on the material
valuables returned to society (and conserved for society)
as a result of the preventive activity of the bodies and organ
isations controlling crime. This problem is linked, first
and foremost, with keeping records and creating information
banks. A clearing-house of information on the “crime budget”
is needed.
Forecasting is of special importance. Theory and practice
have shown convincingly that the function of forecasting is
an integral part of criminology. Scientific cognition in the
sphere of criminology not only reflects the present state of
the phenomena (processes, events) which it studies, but also,
by basing itself on the tendencies and laws of development of
these phenomena, outlines the estimated results of purpos-
38
ive action on them. Hence it follows that criminology, which
creates a theoretical basis for organising crime control,
should master prognostic methods to perfection.
The functions of criminology
In studying the questions which form part of its subject,
criminology carries out scientific research from different
standpoints: it reveals the main features of crime, analyses
cause and effect relationships, and studies the tendencies
and laws of any given phenomenon, not only from the stand
point of its past and present, but also of its future. In the
former case the leading role is played by descriptive and
explanatory functions, in the latter by the forecasting, or
prognostic function. Criminology thus has three main func
tions: descriptive (or diagnostic), explanatory (or ethnol
ogical) and forecasting (prognostic). In other words, one can
detect three stages in the development of this science:
the empiric (or collective) when the researcher explains how
this or that process takes place; the theoretical (or explan
atory) when the researcher seeks to find why a process has
taken place in a certain way; and prognostic, when the
researcher tries to look into the future and detect the pros
pects for the development of the phenomenon or process in
question. It is at this higher stage that the possibilities of
criminology as a science arc revealed fully. These three stages
(functions) of criminology always overlap. Together they
may be represented as the cognitive function which also
lias the practical application.
Let us first consider the explanatory function. To explain
is to reveal the essence of an object on the basis of empirical
facts and general theory. This function makes it possible
to proceed from a description of the phenomena under consi
deration to a strict scientific analysis of them. One of the
main tasks of criminology is, therefore, that of explanation.
Criminological theory is created mainly to solve this task.
In the performance of its functions, with the help of
which it obtains new knowledge, criminology has great pos
sibilities for organising and carrying out theoretical and
applied research connected with practical needs.
Theoretical research is usually research aimed at discov
ering new phenomena and laws. Applied research, as a rule,
is that which is put to direct practical use. The distinction
39
between these types of research would seem to be purely
conventional.
It is obvious that the word theoretical can be used for
research that determines the frontiers of science, so to say,
i.e., research of great theoretical as well as practical signi
ficance. Such research produces conclusions that are import
ant both for the science itself and for the general direction
of practical activity. Applied research, based on the results
of theoretical research, makes it possible to draw up direct
practical recommendations. Thus, the link between theory
and practice is a two-way one: practice provides theory
with requests and theory provides practice with answers and
recommendations.
Let us now describe briefly the ideological function of
criminology. The social sciences, criminology included, are
ideological by their very essence, their nature. The role of
criminology in ideological activity is growing, but at the
same time the role of scientific ideology in criminological
research is also increasing. The construction of a theory of
criminology (as a social science) presupposes a clear definition
of its philosophical basis. The philosophical content of this
science is not a kind of abstract schema divorced from reality
and the practical fight against negative social phenomena,
crime. The principles of criminology are always based on
a definite class foundation. By creating a theoretical basis
for crime control, criminology is defending the interests of
the advanced class of our society—the working class—the
bearer of Marxist-Leninist ideology.
Criminological theory (theoretical function). By studying
the questions that come within its subject, criminology
elaborates its own ideas and theoretical concepts. Assessing
criminology as a science, we can say that it is a logically
well-constructed theoretical conception. The elaboration by
criminology of a number of theoretical conceptions and cor
responding synthetic concepts is a condition of its successful
development. The theoretical conception of criminology is
aimed at the understanding and explanation of the phe
nomena of crime and elaboration of practical recommenda
tions. To reject theory in this sphere is to reject objective
knowledge about crime and the phenomena related to it.
Outside criminology as a theoretical discipline no general
isation, systematisation or analysis is possible. Effective
crime control is, therefore, also impossible outside this
theory. That is why the need for the elaboration of crim
inological theory, or as it is sometimes called, theoretical
criminology, is not decreasing, but growing constantly.
Scientific theory has a structure. There are two types of
initial prerequisites for its construction. These are empirical
data (the direct foundation of a science) and propositions which
form the initial theoretical basis (postulates, axioms). Both the
theoretical and the empirical levels of research are characteristic
of criminology. The empirical level has as its subject concrete
facts, accumulated empirical material which is necessary for
further study and generalisation. At this level criminology only
records facts, as it were. In this case it does not possess any
scientifically substantiated conclusions. The empirical level
is essential for criminology, yet at the same time limited, so it
is combined with theoretical research. At the theoretical level
of research the results of empirical analysis are usually intro
duced into a higher system of relations and conceptual models
of the processes under review are constructed. The importance
of theoretical research lies in the fact that it provides knowledge
of the essence, the general structure and causes of the proces
ses analysed, making it possible to put the categorial apparatus
into a relative system. However, for criminology the concepts of
the theoretical and empirical have no absolute meaning. They
frequently interchange as one moves from one level of research
to the other. Criminology therefore appears sometimes as an
empirical science and sometimes as a theoretical one. The question
of the dividing line between the theoretical and empirical must
be decided separately in each concrete case. One should not look
for contradictions here.
The analysis of the empirical and theoretical in criminology
by no means excludes the examination of these levels of research
independently, separately. Theoretical criminology (the theoretical
aspect) differs from empirical criminology (the empirical aspect),
first and foremost, in its stability, irrefutability. With regard
to empirical generalisation there is not and cannot be any cer
tainty that sooner or later it will not be refuted, for the possibi
lity always exists that an event will occur that contradicts this
generalisation. Theory, however, is not discarded in this way
and, as a rule, enjoys its former trust. This feature of theory
testifies to the “safety margin” of scientific knowledge. In relation
to criminology, as to other concrete sciences, the main question
is whether or not this or that conception belongs to the class
of theory. Here we must remember that theory aims not only
at acquiring knowledge, but also at establishing it as being of
universal significance in science.
One should, of course, always remember that theoretical
criminology cannot be unambiguous insofar as it depends
on empirical criminology, i.e., factual data, facts. The
differentiation of criminological knowledge into theoretical
and empirical by no means signifies their total autonomy
41
from each other. Their development proceeds thanks to
their interaction and interconditioning. The dialectical re
lationship of theoretical and empirical criminology is deter
mined by the unity and variety characteristic of scientific
knowledge.
The need for the further creative elaboration of crimin
ological theory is not decreasing, but, on the contrary,
growing. However, the tasks confronting the science can be
solved only if it is very closely connected with life. Scholastic
theorising, that barren flower of science, can only hamper
its advance. The development of theory is not an end in
itself, but a vital requirement. That is why it is essential
to extend and deepen fundamental research consistently,
because what at first may seem to be totally abstract theor
etical formulas, if they reflect a real subject of research
to a greater or lesser extent, are eventually turned to direct
practical advantage and provide tangible results. The theor
etical possibilities of criminology should, therefore, also
be considered from the viewpoint of practical significance.
A special feature of criminological theory is that it forms
the basis of practical action in crime control, determining
more fully and concretely the ways of this control. This me
ans that theoretical activity is becoming one of the most im
portant factors promoting effective crime control. Research
of this kind stimulates the posing of new theoretical and
practical problems and promotes the development of a cre
ative attitude to practical activity. It is in this connection
that one speaks of a rise in the science of criminology, the
enhancement of its role and significance in crime control.
The present stage in the development of criminology is
advancing methodological (and therefore also philosophical)
problems to the forefront. Armed with Marxist methodo
logy* we can determine the place and significance of pheno
mena and processes studied by criminology in the social
system, theoretically interpret empirical material, provide a
philosophical generalisation of scientific analysis, and de
tect new criminological problems connected with social
development. In all this the theoretical and methodological
levels are considered from the viewpoint of dialectical unity.
Thus, criminological theory equips scholars and practical
workers with scientific knowledge about crime and related
phenomena and reveals the sources and mechanisms of the
corresponding processes. It creates the prerequisities for
42
understanding the phenomena of crime. Criminology as a
science is called upon to provide a theoretical analysis of
the cognitive activity in the framework of its research, to
elaborate theory and methodology, and to substantiate theo
retical knowledge. It is obliged to prove its theoretical pro
positions, to show the truth of its theoretical system of know
ledge, and to substantiate its initial and derived concepts.
Soviet criminology performs its theoretical functions in ac
cordance with the requirements of the universal method of
cognition.
Applied criminology (practical function). The practical
function of criminology is directly connected with its theo
retical function and proceeds from the very essence of scien
tific cognition. An important stimulus for scientific inquiry
in the sphere of criminology is practical work, its needs and
requirements. Crime control makes demands upon crimino
logical theory. This is why practical crime control plays a
decisive role among the other factors influencing criminolo
gical theory. The practical tasks confronting criminology
are diverse. The main one is to equip practical workers for
effectively controlling crime. In other words, the practical
role of criminology is to create scientific foundations for the
organisation of crime prevention in order to ensure the most
positive results. This is why criminology does not confine
itself to theoretical research on problems of crime control,
but deals with a wide range of questions connected with
their practical solution.
Practice is a central category of Marxist-Leninist epistemology.
It is the base for the attaining of objective knowledge, the main
criterion of the accuracy of any theory. Yet it acts as such a cri
terion only when it is understood as activity aimed at transform
ing reality in a way desirable for society. Moreover it is essen
tial to ensure the unity of theory and practice as an indispensable
condition of the effectiveness of the theoretical and practical
types of activity. At the same time it is also essential to strive
for the conscious application of theoretical propositions, the
practical application of science. This is also true of criminology
whose practical function strikingly represents one of its main
parts—applied criminology. Here we must remember that one
of the specific features of the modern stage in the development of
criminology is the extension of its practical (applied) front. It is
obvious that the solutions offered by criminology to this or that
practical task are effective only when they are substantiated by
theory. Consequently, the unity of the theoretical and applied
aspects is an essential condition of the further development of
criminological science and the practice of crime control.
43
Crime control is increasingly becoming not only a field
for applying the achievements of criminological theory,
but also an essential component of scientific knowledge in
this sphere. It is thanks to the practice of crime control
that the store of scientific ideas grows, methods of scientific
research improve and the practical work of crime preven
tion is enriched. We must stress the importance today of
Lenin’s ideas on the scientific aspect of practical activity.
He said that the scientific aspect in any sphere of activ
ity was the main one, because without science and a correct
understanding of it there could be no properly organised
practical work either. Therefore Lenin demanded that we
learn to “put a value on science”, to be guided by it in
our practical affairs.1 This proposition should be accepted
by practical workers controlling crime as a guide to action.
The use of criminology in crime control, taken together
with the concrete research and special theories of this science,
can be united in a single concept—applied criminology.
The recognition of applied criminology is connected first
and foremost with the fact that in recent years it has become
a powerful practical instrument and begun to influence more
actively decision-making in the sphere of crime control.
Applied criminology performs the practical function of
this science to a large extent. When we speak of criminology,
we have in mind also criminological practice, which consists
of the study of crime, its causes, the criminal personality,
the carrying out by state bodies and public organisations of
various measures aimed at preventing crime. Whether or not
criminology performs its tasks successfully depends on the
state of concrete criminological research. The development
of applied criminology as a whole is characterised by the
clearly expressed orientation on this research.
Stressing the role of applied criminology shows that crimi
nology strives to be of practical use. However, for crimino
logy to yield practical results, its theoretical propositions
must be formulated in such a way that they can be related to
practical aims (translated into practical language).
The study of what is theoretically possible in principle,
the elaboration of fundamental propositions, remains the
major task of criminology. From a multitude of theoreti-
44
cal possibilities, only those that meet the criteria of expedi
ent, economical and humane crime control find practical
embodiment. Moreover, not all the results of scientific re
search are passed on in good time to those engaged in practi
cal activity. In view of these factors, it can be said that the
problem of the relationship of theoretical and applied crimi
nology extends beyond the model of “science and practice”.
A number of administrative and other questions arises here.
In any case it must be remembered that the aim of crimino
logy is a practical one.
The structure of the theory of criminology organically com
bines various theories, concepts, etc. It is, first and foremost,
a general theory of criminology and its special theories.
In view of the “differentiation” of criminology into special
theories the base on which the general theory itself is con
structed expands. But this differentiation is necessary if
special criminological problems are to be considered on the
base of special theories. Each of these theories has its own
long and complex history in the development of criminology
as an independent branch of knowledge. Equally complex
was the understanding of the mutual relationship of special
theories, without which none of them could be properly treat
ed singly. But it must be said straightaway that what
ever aspect is considered, we can speak in each concrete case
only of the exposition and concretisation of a single theory
of criminology, and not of the branching off of some of its
parts. The isolation of this or that individual criminological
theory, if taken independently of any other and turned into a
kind of autonomous part, could lead to the loss of the inner
connection of all the aspects and facets of criminology, to
the erosion of its subject. Systemic integrity is character
istic of all theories of criminology.
Special theories include all those that form part (relative
ly independently) of the subject of criminology. The main
special theories are: the theory of crime; the theory of the
causes of crime; the theory of the criminal personality;
the theory of the prevention of crime; the theory of crimino
logical prevention; the theory of concrete criminological re
search; the theory of criminological forecasting; and the
theory of administering the processes of crime control. These
special theories are at the same time also the basic concepts
of criminology. The latter are fully included in the science
of criminology, of which they are also the subject.
45
4. THE PLACE OF CRIMINOLOGY
IN THE SYSTEM OF SCIENCES
57
ality of legal norms used in crime control, an analysis of
the effectiveness of these norms, cognition of the laws of for
mation and deformation of the individual, his behaviour,
etc. The criminal-law sciences carry out this task independent
ly, but, as a rule, in accordance with criminological research,
on the basis of the scientific propositions of criminology as
a whole.
Corrective labour law, which is interconnected with crim
inology, draws up recommendations for increasing the
efficiency of the correction and re-education of convicted
persons and the re-socialisation of offenders during the serv
ing of their sentences, and also for drawing up measures
for preventing recidivist crimes. This interaction takes place
mainly at the level of generalisation of joint research ma
terial on persons who have committed crimes. At the indi
vidual level, however, criminological data serve as a basis
for corrective and preventive activity in relation to concrete
individuals. Of course, this mutual interaction takes into
account the specific nature of the activity of corrective
labour institutions, their types, the classification of offenders
(by sex, age, number of convictions) and a number of other
circumstances. Special attention is paid to the specific
nature of the preventive measures used for different catego
ries of offenders after they have served their sentences. This
is taken into account in administrative supervision and in
the drawing up of criminological models of recidivist behav
iour and forecasts of recidivist crime. In recent years a
great deal of criminological research has been devoted to
the problems of preventing crimes committed by offenders
who have been sentenced to punishment other than depriva
tion of liberty, and the study of this category of persons.
Criminological research is enhancing the role of corrective
labour institutions in crime control. It is also influencing the
further improvement of corrective labour legislation.
In the sphere of criminological research one frequently
comes across phenomena related to the investigation of crime,
criminalistic tactics and techniques. Therefore the analysis
of the state of crime and generalised date on crimes and offen
ders also perform their criminological role on the level of
criminal procedure law and criminalistics. Criminological
data frequently serve as a basis for formulating tactical
methods to be applied in the process of investigating crimes.
It is here that the “boundary” of criminology with criminal
58
procedure and criminalistics lies. On the one hand, criminal
procedure law determines the framework within which the
investigation of crimes and also law enforcement activity
take place; the norms of this branch of law also establish
to a certain extent the limits of criminological research in
this sphere. On the other hand, the results of criminological
research have a certain influence on criminal-procedural le
gislation. However, this influence is felt only in cases where
the need for a more effective procedural settlement of inves
tigating crime and enforcing the law is revealed with the
help of criminology. Here, too, one must bear in mind the
role of criminalistics. Its main propositions are a point of
departure, as it were, for identifying the forms of manifesta
tion of crimes. It studies the devicesand methods that serve
crime detection (and this is already a preventive aspect).
Criminalistics also makes use fairly frequently of the results
of criminological research on the etiology of crime. Criminol
ogy in its turn makes use of the achievements of criminalistics
for preventive purposes. The interconnection of these
branches of knowledge is obvious.
Thus, we are dealing with related scientific disciplines.
They all serve a common aim—-the abolition of crime.
However, criminology plays the leading role. It provides
factual material which substantiates the establishment of
principles of crime control that are in keeping with the require
ments of society. Criminological material, particularly
that of a forecasting kind, serves simultaneously as a guide
in elaborating a system of crime prevention in general, and
also prevention with due account of the special features of
the different spheres of practical activity.
In the sphere of prevention criminology plays the main
role. It does not simply perform a kind of registering activity
(cognising the phenomena of crime, studying their laws,
the causes of crimes and the persons who commit them), but
also has a formative effect on the whole system of crime pre
vention. Prevention reflects the general practical trend of
the science of criminology. Criminological research material
provides a basis for organising crime prevention. The idea
of prevention permeates the whole system of criminological
institutions.
Criminology, being a general theoretical criminal-law science,
is not the science of sciences and therefore does not absorb
all other disciplines. It is a general theoretical juridical
59
science (within the system of criminal-law sciences) because
it carries on research on a far broader basis than any other
legal science. Consequently, criminology is a metascience.
This is why it occupies a special place in the system of sciences
that study crimes and criminality, the causes of crimes,
the criminal personality, and crime prevention. Other sciences
study only this or that aspect of crime. But criminology
is called upon to create a single theory of crime, to general
ise on a single methodological basis the material of the vari
ous sciences related to the problem of crime. It synthesises,
as it were everything of value that has been accumulated on
the problem of crime by other sciences and provides integ
rated knowledge of this phenomenon. It is this integrated
theory which makes criminology a general theoretical
science in the system of juridical sciences that study crime.
In the system of knowledge about crime general criminolog
ical theory occupies a central place. It is the basis of all
scientific knowledge about crime. Other sciences, when elab
orating this or that problem of crime, make use of the con
ceptual apparatus of criminology, and in some way or other
“attach” their separate concepts on a given phenomenon to
the system of basic criminological concepts. Moreover, the
role of the mediator between general criminological proposi-
tions’and research on questions of crime within the frame
work of other sciences is played by special theories: the theo
ry of the causes of crime, the theory of the criminal personali
ty, the theory of criminological forecasting, the theory of
prevention, etc. The task of criminology, therefore, is to
give theoretical assistance to other sciences, to create the
necessary foundation for practical activity in the sphere of
crime control.
Criminology is the basic science of the criminal-law cycle.
As such, it influences the development of other sciences.
The criminological platform can always be used as the point
of departure when dealing with the theory and practice of
crime control.
Thus, Soviet criminology has become established as a
general theoretical Marxist-Leninist discipline of the crimi
nal-law cycle of sciences.
CHAPTER II
66
From crimes to crime
Composed of individual criminal acts! crime constitutes
a phenomenon that differs greatly from its component parts.
(The whole is always something bigger than the sum of its
parts.) This phenomenon exists objectively in society.
How does crime differ from individual crimes? How is one
to explain the proposition that phenomena taken singly have
certain qualities, but when they are considered as a whole
the qualities of this whole differ from the qualities that make
up the parts of the whole? The answer to these questions
is as follows: whereas each individual crime could have hap
pened and could not have happened, could have existed and
could not have existed, in other words is considered as an
accidental phenomenon, as a fact, the sum total of these
facts not only could but at any given stage of development
of society was bound to happen. A concrete person may or
may not commit a crime. Crime exists because people do
commit crimes. The point here is that crime is a logical phe
nomenon for the concrete conditions of a concrete society.
The necessary forces its way through a mass of accidents.
The social law that forces its way through these accidents
“is only visible when these accidents are grouped together in
large numbers.1,1 It is this interpretation of the relationship
of crime to crimes that forms the basis of criminological
theory.
Criminology treats a crime as a unique formation. Each
crime taken separately exists in one “copy” and has different
characteristics. Crime, however, is a set composed of all
the individual events that together form the phenomenon.
This phenomenon can also be considered as an individual
object, but at a higher level. Crime by comparison with a
crime can be seen as an individual object of a higher level.
The individual object of the lower level (a crime) is consid
ered as an accidental category. The concrete crimes which
constitute crime are committed independently of one another
and are of an accidental nature. But the individual object
of the higher level (crime) is a conditioned, i.e., necessary
category. Crime is characterised by the integrity, complexity,
multiplicity and diversity of its connections with other so-
7?
is also true of crime as a socio-legal phenomenon. The fact
is that the concept “system” is used very widely today, and
the word “system” has many meanings. In order to answer
the question “what is a system?”, we must first know how
it differs from a non-system. Let us take the example of
crime. It can be represented as a simple sum of crimes, a sum-
mative set, and as such crime is not a system. But crime can
be represented as an integrated unity of the sum total of
crimes, or as an integral formation of the elements that com
pose it, its components. From this example we can see that
the difference between summative and integral sets lies in
the phenomenon of integration. It is integral wholeness or
integral unity that is the basic feature of a system. From
this example we can conclude that crime may be studied as
a system and as a non-system.
Every phenomenon has many qualities and dimensions. It can
be studied from different aspects and in different relations, and
its “many-sidedness” increases if it is considered together with
the causes and conditions that engender and determine it. There
fore there inevitably arise problems of the synthesis of the different
aspects of knowledge, problems of bringing it together, of organis
ing different knowledge about phenomena into systems of know
ledge about them. The system is the uniting of the parts into a
whole, and consequently the laws of uniting parts into a whole
must be discovered. At the same time a system is a whole itself,
and this means that we must discover its foundations, the laws
of its structure, functioning, movement and development. Thus,
the actual finding of a real system and the definition of it as a
concrete interconnected whole creates a definite logic and meth
odology for its qualitative research and develops a systems-
centric view of the phenomena. The social system, for example, is
life itself, development itself, although not boundless develop
ment. The social system (society as a whole, production as a whole
and its individual spheres, the social sum totals, etc.) is a system
that is self-reproducing and constantly renewing itself, and the
causes for this self-renewal lie within it, in the contradictions
inherent in the system. Crime is a social system. It possesses all
the features of a system. Hence the need to study it as a system.
Crime is characterised by a number of interconnected ele
ments. It possesses a structure. Interacting with the environ
ment, crime can be considered as an element of a system that
is higher and broader than the environment (the social sys
tem of society). The types of crime (conventionally elements)
possess the qualities of a subsystem in relation to it. Individ
ual crimes may also be regarded as elements of crime. On
this level crime itself as a system is the interconnection of
73
the elements which form it, their wholeness. Crime is dynam
ic, i.e., it is constantly changing under the influence of
external conditions, of the “global” social system. As an
element of this global system crime reproduces itself in a
certain way, changing endlessly. With the change of crime
as a whole, its elements also change (modify). With the change
of the elements, the individual crimes and types of crime,
crime as a whole also changes. “External” and “internal”
changes take place in crime as a phenomenon.
Crime is a special phenomenon possessing qualities that
differ to some extent from those possessed by each of its ele
ments (and sometimes also qualities that are absent in one
or even several of its elements). It is a negative social phenom
enon which has a negative effect on society. Therefore the
qualities of other social systems (from the viewpoint of their
value to society) never coincide with the qualities of crime
as a system. In changing crime by its influence, society
takes all possible measures to gradually “destroy” crime as a
phenomenon. Thus, with the passage of time, crime “givs-
up” its place in the global social system to other, positive,
phenomena. These phenomena develop and “evict” crime
from the global social system. Thus, there is a kind of antag
onism here between crime, on the one hand, and other (non-
criminal) social systems, on the other. It is crime control
that promotes the “eviction” of this phenomenon from so
ciety.
Latent crime
It is customary to regard as latent those crimes that are
concealed from bodies empowered by law to investigate or
consider cases of crimes committed, not detected by these
bodies and not recorded as criminally punishable offences.
In this general concept three groups are distinguished: nat
ural latency, border latency and concealed latency. The
first group are crimes which are not known to representatives
of institutions and organisations or individual persons. The
second group are cases when the fact of the crime is discov
ered, but for various reasons it is not regarded as a crime by
the person who discovers it. The third group are crimes which
in violation of the law are not recognised as such and which
are not recorded, but concealed by officials. Concealed
crimes represent a considerable totality and taken together
form latent crime.
74
The question of the dimensions (scope) of latent crime has
been little studied, although this problem attracts the at
tention of specialists the world over. To establish and assess
the dimensions of latent crime is considered by specialists
as the only possible proper assessment of crime in general.
Some specialists maintain that in capitalist countries the
police detect only one in twenty crimes; others estimate that
of each fifty persons committing a serious crime only one is
punished; yet others compare crime with an iceberg, of which
only the tip represents known offences.
The problem in question is being studied by Soviet crimi
nologists too. Special research is being carried on and ways
are being sought for reaching the most objective assessment
of this phenomenon. It is considered that factual crime is al
ways higher than detected crime, which is considerably higher
than the number of prosecutions, and this figure in turn
is always bigger than the number of convictions. It is also
rioted that statistics do not give a full picture of crime, for
they deal only with crimes which are known to the authori
ties, and the so-called “concealed figures” are only approxi
mately estimated. One can reduce the sphere of latent crime
by encouraging the reporting of crimes, and also by increas
ing the effectiveness of investigation, but all the same latent
crime remains a significant factor. And, of course, at the
criminological level the problem of latent crime consists in
elucidating the actual parameters of crime, determining the
differences between these parameters and the statistical in
dices produced by the bodies of criminal justice. An active
search for a solution to this problem is essential.
The existence and dimensions of latent crime as a whole and
its various types are determined by various causes. We would
note, however, that absolutely full and accurate data on
crime can never be obtained. Even the law provides for cases
when criminal proceedings are instituted and, consequen
tly, a crime is counted as such only on the testimony of the
victim. We must also remember that there are crimes which
are as a rule tried by courts without the holding of an inquest
or preliminary investigation and of which, therefore, some
are not counted as such. Crime statistics do not contain full
information about crimes tried by commissions for minors’
affairs. Finally, a certain section of crimes are not recorded
with the state bodies that control crime due to the irrespons
ible attitude of officials to their duties. There arc also such
75
causes as unjustified decisions not to institute criminal pro
ceedings, unjustified verdicts of “not guilty”, etc. Therefore
in studying crime as a whole one must take into account the
factors of latent crime, but not exaggerate them.
Some specialists take the view that crime as a social phe
nomenon can be understood on the basis of information about
all the facts that form this whole. To our mind, this is not
quite so. All possibilities exist for a sufficiently accurate
description of crime. We must take into account that the
characteristics of latent crime are evidently relatively sta
ble and change as slowly as those of recorded crime (and paral
lel with them). There can be no doubt that individual cha
racteristics of crime are to some extent distorted because of
latent crime. But if in the study of crime one makes use of
the data not of the general totality (which is by no means
compulsory), but of sample material, these distortions can
be avoided. For an analysis of any phenomenon it is not
necessary to possess all the data about it. It is important to
determine the most effective means of cognising its essence.
Mathematical statistics provides such means as a sample
method on the basis of which for a “restricted” number of
units (sample set) one can compose an accurate description
of the whole mass of units studied (general set) and in the
given case—the whole of crime (taking latent crime into
account).
6-0177 81
it must also be noted that the causes of social phenomena
develop in different aspects and lead to different effects. The
cause does not simply precede the effect in time, but to a
certain extent imprints its nature on it (on its essence).
Thus the problem is to discover the causes and estimate the
possible effects. Here the question of causal connections
arises. Criminology studies them as general connections.
Causality is the constant connection between cause and
effect. But this is not treated, of course, as a functional
connection of phenomena. In criminology the causal con
nection is characterised by certain features, which taken
together are inherent only in this type of interconnection of
phenomena. Causality, considered in the broad sense of the
word, includes the following concepts: cause, condition,
effect (result), connection between cause and effect (condition
and cause, condition and effect), and the feedback between
effect and cause (conditions). As we can see, we are dealing
here with general connections. And it is these connections that
characterise crime.
Causes and conditions
First and foremost, we must consider the connection be
tween the concepts “causes” and “conditions”. As has already
been mentioned, a cause is considered in the system of the
necessary connection of phenomena, of which the one (the
cause) determines, engenders the other (the effect or action).
We can therefore speak, firstly, of the causes of crime and,
secondly, of the causes of a concrete crime. In the first case,
the cause (causes) engenders an effect (crime as a phenome
non). In the second case the cause (causes) engenders an action
(a crime, a concrete act). The causal connection is a special
form of law-governed interconnection, for the emergence of
the phenomenon manifests itself in it. However, the operative
factors in this process are both causes and conditions. This
is because in different social phenomena one and the same
condition can be considered as a cause and can remain in
the capacity of a condition. This must be taken into account
both in a study of the causes of crime as a whole, and in
an analysis of the causes of concrete crimes. But the following
must also be taken into account: causes and conditions are
not identical categories, although they are not opposed
concepts, since a cause manifests itself through conditions
82
in the course of their mutual influence. While pointing out
that the differentiation of causes and conditions is of con
siderable theoretical and practical value, Soviet science
recognises that this differentiation is relative. Any cause
is in a certain sense a condition, and any condition in
another sense can be a cause. This does not mean that there
is no difference between causes and conditions. The con
ditions that play a role in any phenomenon are not always
qualified as causes. Thus, there are similarities and differ
ences between causes and conditions.
We can speak of numerous conditions, the movement and
mutual influence of which result in the fact that a certain
condition or set of conditions exerts a stimulating effect,
giving rise to new phenomena and becoming their cause.
For example, parasitism and vagrancy give rise to drunken
ness, through which many crimes are committed, and be
come the cause of drunkenness and the cause of these crimes
(together with other causes, of course). But at the same
time the other conditions which play a role in the emergence
of the phenomenon do not join in the direct causal connec
tion and remain simply conditions. For example, the un
settled life of migrants leads to parasitism, vagrancy and
drunkenness. As a result of this (and due to other causes
also) crimes are committed, although the condition in
question (the unsettled life of migrants) is not a cause of
these crimes, but merely a condition. One must also bear
in mind that the conditions, together with the causes in the
narrow sense of the word, form the so-called complete cause
of this or that effect. This cause may sometimes be called
the total cause. There are also specific causes—these are a
set of special conditions taken as a whole. Conditions are
usually subdivided into the following groups: accompanying
(these form the general background of the events and phe
nomena, circumstances of place and time, etc.), necessary
(without these the event could not have happened), and
sufficient (these are all the essential conditions taken as
a whole). When all these conditions are present, we can
speak of them as a complete set. These concepts are used
widely in criminological research.
6* 83
Criminogenic and anti-criminogenic factors
A correct definition of the concept ufactors” is of consider
able importance for an analysis of the causes and conditions
of crime.
In this connection it must be said that the question of
crime factors was raised long ago in Soviet criminology. The
problem is to explain which factors belong to the crimino
genic group (which encourage crime) and the anti-crimino
genic group (which oppose crime), how these factors affect
the phenomenon in question, what is the relationship, role
and degree of action of each factor and group of factors, etc.
By factors we mean this or that phenomenon or process, but
not causes and conditions.
The concept “factor” means simply that a phenomenon has
a certain importance, an influence on the course or results of
a process. Obviously this concept cannot explain the im
portance of the factor, its influence. Therefore in the process
of research (at its first stage) this concept is generally used
only for initial, general guidance in the range of interconnect
ed phenomena and processes. But at the next stage of the
scientific investigation the interaction of the factors dis
covered is revealed and the transition made to the study of
functional, and then causal dependencies between them.
This makes it possible to establish the importance of the
factor and the degree of its influence. Bearing in mind this
interpretation of factors, philosophers, sociologists, econo
mists, demographers and representatives of other social
sciences regard as factors the different aspects of social life
and social development: socio-economic, scientific and
technological, demographic, etc. Many jurists, including
criminologists, adopt the same standpoint. Therefore, in
relation to criminological research it is customary to distin
guish such factors as urbanisation, migration, birth-rate,
change in the sex and age structure of the population, free
time, employment of women in social production, the
educational and cultural level of the population and many
others. We can speak of a whole set of factors. But the main
point is obviously to understand what we mean by a “factor”.
A set of criminogenic and anti-criminogenic factors is a
kind of “background” of social development, against which
the changes in crime take place under the influence of
criminogenic and anti-criminogenic factors. Without this
84
“background” a profound and thorough study of crime is
inconceivable. It is an initial “dimension”, as it were, which
forms the basis of criminological research, which ensures
that crime is studied against the “background” of the changes
taking place in social life and social development.
Of course, the mechanism of the impact produced by
factors on crime is extremely complex. Therefore we can
often speak only conventionally of the influence of this or
that factor, because the positive or negative influence of
any one aspect of social life (phenomenon or process) depends
on a concrete combination of factors. Criminogenic factors
in themselves do not engender crime. The action of these
factors, and sometimes also the influence of the effects of
their development, is expressed in the fact that they objec
tively promote crime, facilitate its existence. This takes
place alongside the operation of anti-criminogenic factors
which objectively promote the reduction of crime. The
task of criminology is to give a precise definition of the
system of criminogenic and anti-criminogenic factors, to
establish their interconnection in each of these main groups,
and also the interconnection between the groups, and the
degree of influence on crime of each factor and each set of
factors. The complexity of assessing the factors that influence
crime and lack of knowledge about the mechanism of their
operation are not sufficient reason for refusing to analyse
(albeit in most general form) the different aspects of social
life from the viewpoint of their criminogenic or anti-crimino
genic importance.
86
The evaluation of these concepts in relation to the problem
of the causes of crime proceeds from the relationship of philos
ophical categories of the general, particular and singular (indi
vidual). Therefore the question of the greater or lesser importance
of any of these categories cannot arise. For criminology it is
equally important to know the causes of crime in general, the
causes of individual types of crime and the causes of a concrete
crime. Moreover, it must be borne in mind that the analysis of
the “singular” lies at the basis of a study of the causes of crime
as a whole. Research always begins with the individual, the
singular. In order to make a profound study of the general, it is
essential to “tear” separate phenomena “out of the general inter
connection” and consider them in isolation,1 moreover, the
“individual” is studied in connection both with the general and
with a part of the general. Causal dependence exists not only
between the whole and the parts but also between the individual
parts or groups of parts. It is only natural that such a complex
interweaving of the causal relations of crime (if we are speaking
of the criminological aspect of this philosophical proposition)
includes both necessary and chance causes. The necessary causal
relations interweave with chance influences and manifest them
selves through them. Hence the onset of this or that effect, which
is the result of the intersecting and collision of necessary and
chance interactions, acquires a probabilistic character. This also
applies to the causes of crime studied from the viewpoint of the
parts and the whole, the individual, the particular and the general.
Here too there is a whole set (and so-called subordination) of
causes, or, as is sometimes said, a “unique tangle” of causal rela
tions. It is essential, both for theory and practice, to unravel this
“unique tangle”.
87
Crimes and crime—the relationship
of their causes
Crimes, if one takes each of them individually, are all
unique, thanks to which they differ from one another. This
is why the causes of concrete crimes appear to be singular,
individual. However, one can easily detect recurrent features
in crimes (in their causes and conditions). Consequently, the
“singular” also possesses general features and qualities.
These general features and qualities, if one is speaking of the
causes of crimes, are inherent either only in separate elements
of the general—types (or a type) of crime, in which case
they act as the particular, or in the wThole (crime as a whole),
in which case they are general. One should remember, how
ever, that crimes are committed by people. Thus, crime
is made up not merely of crimes imagined without any
connection with people, but of corresponding human actions.
In the analysis of individual crimes one must study the
personality of the criminal, and also the objective con
ditions connected with the crime. Then one must find out
whether the factors and interconnections revealed in this
way are of a general nature, that is, whether they manifest
themselves at the level of mass phenomenon. Moreover,
account must be taken of the following two points.
Firstly, crime is a phenomenon which includes crimes of
varying gravity, different types, categories and groups of
crimes, and consequently the causes of crime are also not
homogeneous.
Secondly, in studying the causes of crime we must remem
ber that it has a dialectical relationship with many other
phenomena, so that the causal relation cannot be treated in
a mechanical way, for in this sphere each cause is a set of
phenomena.
Account of these twro points and also of what has been said
above concerning the generalisation of “human actions”—
crimes—enables us to conclude that the set of causes of crime
(us a phenomenon) is of both an objective and subjective
nature.
It must be borne in mind that every particular is only
partly included in the general. This manifests itself in the
causes of crime too. The causes of concrete crimes (the in
dividual, singular) determine why this or that crime was
committed, and not all of them characterise the causes of
88
crime as a whole (the universal). Only that which is charac
teristic of all or most crimes can be classed among the causes
of crime as a whole. The causes of the individual types of
crime (the particular) are also assessed in the same way.
The cause of this or that crime may be untypical, not only
for crime as a whole, but also for its separate types. There
fore in the causes of concrete crimes we must discover that
which is common to all crimes. It is, of course, very difficult
to show the movement of a mass phenomenon in a single
crime, a single individual, and, vice versa, the manifestation
of individual facts in general phenomena. To do so the causes
and conditions discovered in the course of individual analysis
must be raised to the level of generalisation.
The causes of individual types of crime are elements of the
causes of crime as a whole, bear the same relation to them
as the particular to the general, and, as a result of this,
contain features of the whole in their definition. Types of
crime also relate to mass phenomena.
By studying individual phenomena and facts on a mass
scale we can approach the level of a mass phenomenon: by
discovering individual facts or connections encountered in
a large number of frequently recurring, the researcher reaches
conclusions of a general nature concerning the set which he
is studying. There can be no doubt that such conclusions
serve as a basis for studying the connections of crime with
other mass phenomena at the level of generalisation. These
conclusions serve as a real scientific basis for elaborating
measures for preventing crime as a socio-legal phenomenon
and preventing anti-social behaviour.
2. THE CAUSES OF CRIME AND THE CONTRADICTIONS
OF SOCIAL DEVELOPMENT
92
Classification of the causes of crime
The causes of crime are divided into various groups and
their classification is done according to a variety of prin
ciples. There are general and concrete causes, causes of the
first and second order (here the conditions are also put into
an independent group), subjective and objective causes
(objective conditions), main and secondary, complete and
specific causes, direct causes, immediate and remote causes,
typal causes, etc. It is easy to see that this classification,
taken as a whole, contains heterogeneous concepts. If these
concepts are systematised we obtain a more or less orderly
classification to which concrete concepts correspond. To this
end we shall divide the causes into several independent but
interrelated groups.
There are seven main groups of causes of crime: the first
are social causes of an objective and subjective nature; the
second are social and biological causes; the third are general
causes of crime and causes of concrete crime; the fourth are
causes of individual types of crime, categories and groups of
crimes; the fifth are direct and indirect causes; the sixth
are causes of the first, second and third order (class), each
of these classes having its own level characteristic (although
this does not signify their primary, secondary and lesser
importance: all three classes belong to the main ones); and
the seventh are causes relating to the criminal personality.
A special place in this system is occupied by the sources of
crime. Let us now characterise these groups of causes.
We would note, first of all, that in general the causes of
crime are seen as a complex of general social and individual
(social and biological) manifestations of human nature and
consciousness, which is opposed to the socialist system of
social relations and capable of determining (which it does)
criminal behaviour. It is a complex of those phenomena and
processes without the elimination of which the task of
abolishing crime cannot be solved. This definition is a
general one, however, and requires explanation.
Let us consider the sources of crime. Crime and its causes
do not just appear on their own. They originate “somewhere”,
proceed from “something”. The most frequent companions of
crime and its sources are defects of moral consciousness,
moral laxness, which is where criminal behaviour begins.
Without going into a detailed critical analysis of the stand-
93
points of criminologists with regard to the sources, we would
note that all of these can be reduced to making the concept
of the “sources of crime” into a relatively independent
sphere. We have already discussed the content of this
concept above. Here we would merely add that the causes
of crime in relation to the sources are a secondary phenome
non, a product of the sources. The sources of crime are con
sidered at the level of the universal. Sources of this kind
serve as a breeding ground for the spread of all kind of
negative manifestations connected with deviant behaviour.
The point of departure for considering causes of crime is
the problem of general causes, which consists of the follow
ing: the historically determined nature of today’s social
phenomena and processes (it is in this connection that people
usually refer to the historical causes of crime), the operation
of the objective law of consciousness lagging behind being,
vestiges of the past in people’s consciousness, and the in
fluence on socialist society of the antagonistic socio-economic
formation. Without dwelling on the fact that the point at
issue is mainly the origins of crime, and not its causes, let
us consider the question in detail.
The meaning of the first of the above-listed causes is that
crime has “come” to socialism from capitalism and is a very
tenacious negative phenomenon.
The second cause finds concrete expression in human con
sciousness and behaviour.
The third cause is determined by the propaganda of the
bourgeois states and its influence on Soviet citizens’ con
sciousness and behaviour.
For all the truth of these premises, they are nevertheless
presented in a very general, not a concrete, form, and not
coordinated with the causes and conditions of concrete crimes,
and the circumstances that promote their commission.
Therefore this general approach must be supplemented by
an assessment of the causes of crime on the basis of empirical
material. We must bear in mind that if the general exists
only in the individual and through the individual, the
general causes of crime must be sought in the causes of
concrete crimes. The causes of crime as a whole are the sum
total of typical causes of all or the overwhelming majority
of individual crimes. Therefore, in order to ensure that
research and the conclusions reached on its basis are truly
scientific, we must, as Lenin pointed out, establish “a reliable
94
foundation of precise and indisputable facts that can be
confronted to any of the ‘general1 or ‘example-based’ argu
ments now so grossly misused in certain countries. And if it
is to be a real foundation, we must take not individual facts,
but the sum total of facts, without a single exception, relating
to the question under discussion. Otherwise there will be
the inevitable, and fully justified, suspicion that the facts
were selected or compiled arbitrarily, that instead of histor
ical phenomena being presented in objective interconnection
and interdependence and treated as a whole, we are pre
senting a ‘subjective’ concoction...”1 This injunction applies
also, of course, to assessing the causes of crime. It is essential
to give a correct description of the causes of this phenomenon.
It enables us to determine concretely and purposefully ways
and means of preventing crime, and to draw up concrete
preventive measures. General references to consciousness
lagging behind being, vestiges of the past, the influence of
bourgeois ideology, etc., are insufficient. They not only fail
to create the necessary conditions for crime control, but
also divert practical work from the solving of concrete and
quite definite problems.
In relation to the study of the causes of crime the time
for vague slogans in criminology has passed. On the other
hand we still do not have enough empirical research here.
In order to obtain a firm basis for explaining the causes of
crime what we need is a systematic study of reality, an
analysis of concrete material.
For a study of the causes of crime at the level of the
general a concrete analysis of the individual is necessary.
This approach is fully in keeping with the requirements of
Marxism-Leninism. Revealing the general laws of social
development, it points to the truly scientific method of
explaining reality—the concrete analysis of a concrete
situation. In a study of the causes of crime, while paying
prime attention to the tendencies of social development, the
general laws of social reality, and thinking in categories of
the general, we must always take into account their true
connection with concrete circumstances (facts, situations).
Moreover, we must pay attention to the situation which
arises “around” each concrete crime, the special features of
95
individual crimes, i.e., the concrete relationship of the
individual, the particular and the general (universal) in the
development of crime and its causes. Only such an approach
to the analysis of concrete reality, to the sum total of facts
relating to the phenomena of crime can ensure the success
of preventive work and act, to quote Lenin, as a living
guide to action. Such an approach makes it possible to trace
profoundly and accurately why crimes are committed and
where their sources lie, thereby providing a real possibility
for preventing crime.
The causes of concrete crimes are determined by the pres
ence of general causes. But the criminologist, as already
mentioned, is concerned primarily with scientific generalisa
tion, i.e., deduction of what unites these facts, what enables
him to see the general that manifests itself logically in a
series of given facts. One can name a large number of causes
of concrete crimes. The study of this type of causes enables
us to understand better why certain people commit crimes
and w’hat encourages them to embark on the path of anti
social behaviour. However, excessive concern with analysis
of the causes of concrete crimes can also lead to a methodolo
gical error. It must not be forgotten that the borderline
between the general, particular and individual is very
mobile. There is no insurmountable wall between the general
causes of crime and the causes of concrete crimes. This is
also true of cases where individual types of crime, categories
and groups of crimes are being studied. A comprehensive
analysis is therefore of special importance here.
An analysis of the causes of crime at ail levels presupposes
consideration of objective and subjective phenomena. The
subjective causes of crime are usually divided into separate
groups and studied independently. The objective causes
consist of that which exists outside man, and the subjective
causes are everything that is related either to the actual
individual who commits the crime (the narrow interpretation
of the subjective) or to shortcomings in the work (poor or
bad work) of bodies, organisations, institutions, etc. (the
broad interpretation of the concept of the subjective). The
interweaving of objective and subjective elements in the
causes of crime requires a different approach to the analysis
of and action on them. Interpenetration of the objective and
the subjective can be seen at all levels of crime in all the
afore-mentioned classification groups. This makes it neces-
96
sary, firstly, to study the objective and subjective causes ol
crime together, in dialectical interconnection and, secondly,
to study these causes comprehensively. These requirements
also apply to consideration of the indirect causes of crime
(when the causes bear no direct relation to crime, and when
there is no organic link between them) and the direct causes
(when there is a close, direct link between the causes and
crime and when crime is a consequence of these causes).
Although the division of the causes of crime into indirect
and direct is somewhat conventional, it nevertheless helps
us to solve a number of practical problems.
too
pointed out that the main condition for overcoming negative
phenomena is the establishing of order where it is being
violated—in production, state and public life. “Indeed, we
are aware that not all the problems have yet been solved.
We have a better knowledge than all critics of our
shortcomings, and are aware of the difficulties. And we have
been successfully overcoming them. We know and see the
ways leading to the further development and improvement
of our society.1*1 These problems, which are directly related
to overcoming shortcomings, difficulties and omissions, are
not departmental, of course, but are connected with the
solution of nation-wide tasks. For the causes of crime which
are of a social, nation-wide nature, must be sought in social
phenomena, and not outside the society. They are considered
on the general sociological level. The removal of these causes
is a task for the whole state, not for individual departments.
Therefore the organisation of the prevention of crime engen
dered by the causes in question, and the social prevention of
anti-social behaviour for this purpose, can be ensured only
by the forces and resources of the state, society and all
working people.
The second-class causes of crime
The causes of crime in this class also derive from the sources
of crime. The common source of first- and second-class causes
mutually determines and “enriches” them, representing these
two groups as basically a single one. The special features
of the second-class causes of crime, however, lie in the fact
that they are considered not only on the general sociological,
but also on the socio-psychological level. These causes are
connected mainly with the world outlook (in the broad sense
of the term) of various categories of people, with the sphere
of man’s relations with himself and his fellow creatures,
with society and social values. What we have in mind is
the system of people’s views, concepts and ideas of the
world around them. These are not simply views and ideas,
however, but a person’s beliefs (or understanding of the
world) concerning his own life, those around him, and the
jife of society. It is everything that brings people to con-
1 Ibid., p. 155.
101
Crete actions. And, Frederick Engels wrote, “everything
which sets men in motion must go through their minds”.1
The approach to an explanation of second-class causes of
crime is, however, directed not towards single individuals
(as in the case of third-class causes of crime where it is
studied mainly at the psychological level), but towards
general categories that characterise the world outlook of
different categories and groups of the population. Moreover,
one must also bear in mind two other points: on the one
hand, in general the forms of people’s contact and behaviour,
their actions, the thoughts and feelings established in their
consciousness (understanding of the world) are constantly
changing (for the best, if one might say so) in connection
with the development of socialism and the improvement of
social relations; on the other, all things being equal these
forms of contact (behaviour, actions, aspirations and feelings),
personified in types of individuals, sometimes remain un
changed, surviving and even developing under changing
social relations. In the first case, we are dealing with cate
gories of people (the majority) for whom a positive, active
attitude towards life is typical, and in the second with
categories of people for whom socially deviant behaviour is
characteristic. It is in cases like the second that we speak of
“breakdowns” in people’s consciousness and behaviour.
These “breakdowns” are the ground on which second-class
causes of crime thrive.
It is due to a “distorted world outlook” and the “break
downs” in consciousness which are caused by such an outlook
that there appear in society the money-grubbers and loafers,
the litigious persons, the slanderers, the anonymous letter-
writers, the formalists and bureaucrats, the careerists, time
servers and traitors, the dodgers and self-seekers. These
(and similar) types of people are characterised by such
qualities as individualism and egoism, self-interest, greed
and cupidity, the desire to make money and get rich quick,
money-grubbing, parochialism, indifference, insincerity and
mendacity, boot-licking and servility, ingratiation and
hypocrisy, vanity, idleness, the desire tolivewithoutworking
(at someone else’s expense), and contempt for the interests
of society and the basic norms of behaviour. Such people
1 Frederick Engels, “Ludwig Feuerbach and the End of Classical
German Philosophy”. In: K. Marx and F. Engels, Selected Works
in three volumes, Vol. Three, p. 367.
10?
are usually characterised also by nepotism, making use of
connections, patronage, personal charm, prejudice, and
graft for business purposes. They are also marked by other
forms of nihilistic attitude to social and state values, other
types of moral instability and private-ownership, bourgeois
traditions. Among these people one frequently finds drunk
ards and drug addicts, they are often sexually dissolute,
parasitic, cadging and vagrant. All this creates a very
“infectious atmosphere”, a special background with a clearly
expressed criminogenic tenor. It is small wonder that people
with the above-mentioned qualities include a large number
of “potential criminals”. With the help of these qualities
it is easy to draw a “portrait of the criminal personality”.
Taken as a whole this “atmosphere” engenders the second-
class causes of crime. These causes exert mainly a direct
influence on crime. Hence their special danger to society.
The elimination of these causes is connected with the active
formation of a correct world outlook in people.
Individualism and egoism are qualities that set the indi
vidual against society and undermine his sense of social and
collective duty. They limit a person’s activity to the frame
work of separate existence and turn him into a self-loving
and self-isolating creature. Extreme manifestations of
individualism and egoism are excessive ambition and self-im
portance, selfishness (self-esteem) and arrogance. People
with these qualities usually consider themselves unrecognised
geniuses and claim a special place in society. Snobbery is
one of the manifestations of their behaviour. As a rule, they
give nothing to society or other people. But because they do
not receive any special privileges from society, they regard
themselves as unfairly humiliated and enter into conflict
with other people, the collective, the society. Artificially
produced contradictions arise. The militant individualists
and egoists become malicious, cruel and aggressive. They
easily turn into bitter, envious people who are upset and
irritated, instead of pleased, by the successes of others. The
person’s consciousness grows even more deformed. This
particularly strengthens his feeling of rapacious individual
ism and egoism. Turned into a cult, the afore-mentioned
qualities, at their extreme, express themselves in the form
of a crime. It is easy to see the great danger that individual
ism and egoism present for society. This phenomenon may
lead to the most varied distorted forms of world outlook,
m
Cupidity is closely linked with the urge to make money
and get rich. It verges on greed, money-grubbing, etc. In
assessing this quality negative, society is not condemning a
person’s striving to improve his material well-being (the
principle of material interest is perfectly understandable
and justified). It is simply trying to ensure that this urge
is satisfied by the person’s own labour, and not at the expense
of other people, the state. Therefore in our context selfish
motives mean the urge to profit from someone else’s labour.
A selfish attitude expresses an individual’s parasitic
tendency and fairly often leads to crimes, usually crimes
for gain. Moreover, selfishness frequently goes hand in
hand with individualism and egoism. Soviet society rejects
the cult of consumption, the psychology of the philistine for
whom a copeck, as Gorky so aptly put it, is the be all and
end all. For us material blessings are not an aim in them
selves, but a prerequisite for the all-round development of
the individual. Hence it follows that a rise in well-being
should be accompanied not by people’s material enrichment,
greed and cupidity, but by the enrichment of their inner
world. The itch to “possess things” can deform a person
totally.
By rejecting individualism and egoism as a system of
thought and behaviour, Soviet society supports and develops
a high sense of dignity of the free individual and forms the
communist world outlook. The problems in question are
to be solved primarily by means of social policy (ideological
education and social prevention) with the aim of preventing
recurrences of petty-bourgeois consciousness referred to in
sociological and ethical literature as “philistinism”. It is this
“philistinism” that leads people to solve their questions
from the standpoint of their “corns”. Karl Marx wrote:
“...A coarse person ... regards a passer-by as the most in
famous, vilest creature under the sun because this unfortu
nate creature has trodden on his corns. He makes his corns
the basis for his views and judgement.”1 The standpoint of
the “corn” is the standpoint of militant individualism and
egoism.
Revenge, envy and jealousy. These emotions are intercon
nected firstly, between themselves, and secondly, with many
1 Karl Marx, “Debates on the Law on Thefts of Wood”. In Karl
Marx, Frederick Engels, Collected Works, Vol. 1, Progress Publishers,
Moscow, 1975, p. 235.
104
of the other elements in question. Not all of them can be
assessed negatively in this respect. The evil lies in the
private-ownership manifestations of jealousy and envy.
It is rooted in their individualistic content, in the urge to
harm the person who has aroused the feeling of jealousy and
envy. This leads to unlawful behaviour. Jealousy is most
closely combined with revenge—the act of repaying evil
(real or imaginary), vengeance for something. This is a
manifestation of elements of the petty-bourgeois psychology,
the warped world outlook.
Many of the afore-mentioned human qualities which are
connected with a backward consciousness promote such
negative phenomena as drunkenness, sexual promiscuity
(and prostitution), drug addiction (and toxicomania), para
sitism, vagrancy and cadging. These phenomena, which
belong to the second-class causes of crime, are closely con
nected with one another. However, by virtue of the differ
ences in their nature, they must be studied separately.
Drunkenness (the systematic and immoderate consumption
of alcohol, which frequently develops into alcoholism) is a
social problem with a clearly expressed criminogenic signifi
cance. Criminologists vary in their assessment of drunkenness:
some call it a cause of crime, others a condition, yet others
a phenomenon which accompanies crime. Theoreticians and
practical workers are often captive to views which they
have long held to be irrefutable. We say, for example, that
the cause of hooliganism is drunkenness. But these causes,
which lie on the surface, are formulated by us in advance
on the basis of general observations. In concrete cases,
however, although they may be within the field of vision,
they should be called only accompanying phenomena, not a
cause of crime. Criminologists still give an incomplete as
sessment of the connection of excessive consumption of
alcohol and such consequences as drunkenness and alcoholism
with crime, an assessment which is based only on consider
ation of the influence of the state of drunkenness on the
committing of a concrete crime. Such an approach makes it
difficult to advance beyond the idea that drunkenness and
alcoholism are conditions that promote the survival and
manifestation of crime.
It is necessary to see and assess correctly the sources of
drunkenness and alcoholism. In this connection we are bound
to consider such questions as where drunkenness originates,
<05
why it sometimes flourishes, what promotes this, who should
control this phenomenon and what forces and means can be
used to prevent it.
Drunkenness and alcoholism should be considered among
the main causes of crime, not as secondary causes. To our
mind, drunkenness and alcoholism are among the primary
causes of crime. Alcoholism has a tremendous effect on
crime. The term “alcoholic crime” which has been introd
uced into literature is fully justified.
110
Consciousness of the masses, their psychology, change much moW
slowly than the material conditions of existence. This is explained
by the complexity of the interaction of social being ana social
consciousness, the special features of the development of conscious
ness itself. The gradual altering of the latter determines its relative
length and its different levels and many-sidedness. Although
social consciousness is secondary in relation to being, it exerts
the reverse influence on material conditions.
Social consciousness lags behind the requirements of the social
ist way of life as well. At the same time the consciousness of the
individual and also of certain categories and groups of the popu
lation lags behind social consciousness. Finding themselves in a
narrow, specific environment, people with an unformed world
outlook may adopt standpoints that are harmful to themselves
and society. They show peculiar subjective tendency, a corre
sponding attitude of consciousness. This may be linked also with
difficulties in everyday life, insecurity, failure, etc. Hence, in
particular, the sources of different deviations from the norms
established by society. In other words, in such cases a person’s
behaviour is inferior to social consciousness, i.e., it deviates from
social norms. This is manifested most vividly and dangerously
for society in criminal behaviour. The latter is, however, also
determined by a number of other causes.
For an analysis of the interconnection of the causes and
sources of crime it is important to take into account, first
and foremost, the fact that individual consciousness devel
ops under the influence of social consciousness. However,
we must also remember that the relationship of conscious
nesses—social and individual—does not take the form of
direct projection of one on the other. Much depends on the
peculiarities of the individual, his life experience, etc.
Consequently, in solving questions of the interconnection of
the causes and sources of crime it is essential to study the
practical problems of the interrelation of elements of indi
vidual and social consciousness. For a proper criminological
study it is particularly important to analyse how the dialec
tics of social development are reflected in the behaviour of
individual persons, categories and groups of the population,
and how social consciousness is reflected in their conscious
ness. In an analysis of the interconnection of the causes
and sources of crime this enables one to establish the relation
ship of the general (and universal), the particular and the
individual (singular). Such a differentiated approach, which
is based on recognition of the unity of the phenomena in
question, also enables one to take into account the fact, of
considerable importance to criminology, that one and the
same person can have not one definite level of consciousness,1
111
but several: political, ideological, aesthetic, moral, legal,
etc. For example, the aesthetic level of consciousness in
a person may be high, but his legal level low. Here various
types of contradiction arise: on the one hand, between social
and individual consciousness, and on the other, between
different levels within the individual consciousness. The
causes and sources of a crime committed by a person with
a backward consciousness are closely interwoven. Their
interconnection is practically always obvious.
Vestiges of the past in human consciousness. As Lenin
pointed out, socialism cannot be “entirely free from traditions
or vestiges of capitalism”,1 which act “contrary to real
communist economy”. Vestiges of the past under socialism
still exist in the economy, everyday life and the conscious
ness of a certain section of people and manifest themselves
in various ways. Under socialism general sociological contra
dictions and laws operate, and also contradictions and laws
of some preceding formations. These contradictions and
laws constantly change their content in the process of the
development of socialism. Bequeathed by the old to the
new, vestiges of the past never disappear of their own accord.
With the change in social relations, they are regenerated,
transformed, and turn one into the other, thereby acquiring
a relative independence. Vestiges of the past continue to
exist even after the causes and conditions which generated
them have been removed. In this case the lagging of con
sciousness behind being manifests itself particularly clearly.
For not only progressive, but also backward views spread
in society. Life follows its course, generation succeeds gener
ation, and a certain section of people take in the old along
side the new. This is why everyday human behaviour, which
has its inner logic, does not automatically follow social
changes, which is why we speak of socially deviant behaviour.
The most conservative are such forms of behaviour as im
moral and criminal behaviour. They originate, first and
foremost, in vestiges of the past. Consequently in changing
social being and building a new society, people should step
by step rid themselves of the rubbish of all that is old and
obsolete, from the prescriptions and norms of private-
ownership morality. It is essential to overcome all habits,
112
rites, and rituals that are not in keeping with our moral
norms and that lead to infringements of the law.
An analysis of the reasons why vestiges of the past survive
in people's consciousness demands a concrete approach to
the different vestiges and different forms of their manifesta
tion. The fact is that vestiges of the past cannot in them
selves give rise to crime, just as a conflict of interests cannot
either. Obviously vestiges of the past are only the possibility
of crime, acting as a source of crime. A source may change
from a possibility into reality only in the presence of con
crete causes and conditions with which it interacts closely.
This interconnection is what should constitute the basis
of research on the criminological aspect of vestiges of the
past.
We would note yet again in connection with the foregoing,
that one can speak of vestiges of the past in people's conscious
ness only in relation to a section of the members of Soviet
society, individual groups of the population which by no
means consist only of persons who commit crimes. Many
persons for whom vestiges of the past are characteristic do
not commit crimes.
On the other hand individual groups of crimes are most
closely associated with vestiges of the past in human con
sciousness. Embezzlement, bribery, profiteering, larceny,
and certain other offences connected with such private-
ownership vestiges as cupidity, money-grubbing, greed, etc.
belong, first and foremost, to this source. Moreover, an
analysis of criminal legislation shows that a certain section
of acts can even be directly connected with vestiges of the
past in people's consciousness. For example, crimes which
are vestiges of local customs: payment and receipt of redemp
tion for a bride (bridemoney), bigamy and polygamy, etc.
The problem of social inheritance. In considering the ques
tion of vestiges of the past in people's consciousness one
must not overlook the problem of social heredity. Today
heredity is not confined to genetics or even to biology as
a whole. It extends to a wide class of systems connected
with natural, technical, mathematical, psychological and
social processes. The concept of “heredity” is acquiring a
universal character. We are of the opinion that one can also
speak of social heredity in the study of criminological
problems. This approach enables one, inter alia, to speak
more concretely about the transition of vestiges of the past
8 -01771 113
from one generation to another. Social inheritance is found
not only in the lagging of social consciousness behind social
being. It affects the continuity of mankind’s “experience”
by the handing down of social information from generation
to generation. This continuity, which has its own special
features, is also characteristic of the sphere studied by
criminology. For alongside positive, useful information
people may be handed information that is negative and harm
ful. The social “genetic” ties are diverse. They relate to the
most varied spheres of scientific knowledge. These connections
are also of interest from the standpoint of criminological
research.
The process of social inheritance is a complex and contradictory
one. The above-mentioned social connections retain much that is
characteristic of the preceding historical epoch. By improving
themselves and social relations, people are constantly acquiring
definite elements of new, emerging relations. Each generation
inevitably contributes something new to life. People build their
life, transforming it and not accommodating themselves to it.
The present is always the result of two kinds of activity: firstly,
the activity of the past generations on whose shoulders the present
generation rests, and, secondly, the activity of the present gener
ation. This is how the social heredity is “refashioned”. However,
as they depart, preceding generations leave those that follow not
only their social riches, but also their “vestiges”. Under socialism
new generations change everything: both the “good” and “bad”,
the former is improved and the latter ousted, eliminated. There
fore neither “virtues” nor “vices” can remain unchanged, albeit
for the fact that each new generation sees them in a different way.
The balance of forces between the positive and the negative also
changes: the former is given the possibility of becoming wide
spread, while obstacles are created for the latter. Soviet society
is constantly creating obstacles for vestiges of the past that pro
mote legal offences, and for all other forms of socially deviant
behaviour.
Crimes are rooted historically (genetically) in the legacy
of past epochs. There is clearly a real social danger in inherit
ing such a legacy. It is obvious that these “genetics” deter
mine the existence of the harmful habits that lead to crime.
It is harmful “genetic” social information, sometimes briefly
characterised by attachments to the old and obsolete, that
expresses (and determines) people’s inclination to retain
unchanged the forms of their daily behaviour which leads
to crimes. The classics of Marxism-Leninism frequently
characterised people’s attachments to obsolete forms of
activity as a tremendous force that embodies the operation
114
of social inertia in mass consciousness and behaviour and
acts as a powerful brake on the path of the establishment of
new social relations. This social inertia has retained crime
as a vestigial phenomenon in Soviet society. Marx, Engels
and Lenin wrote about vestiges of the past as habits which
penetrate the very heart of the masses, and called the force
of these habits a most terrible one that forms the basis of
demoralising activity. Crimes should be regarded precisely
as demoralising “types of activity”. Hence, the task of re
educating “habits”, a task of great criminological import
ance. Obviously it cannot be examined in isolation from the
causes and sources of crime, for it is connected with their
existence.
The negative influence of capitalism. As in the preceding
cases, here too the multiplicity of the connections of crime
must be taken into account. These connections are complex.
Some of them influence criminal behaviour directly, others
indirectly. Consequently, if we acknowledge the negative
influence of capitalism on the general cause of crime (or its
source), we must establish the same connections that we
sought to define in assessing “the lagging of consciousness
behind being” and “vestiges”, namely, how the bourgeois
environment influences crime (directly or indirectly), and
whether this environment influences all crimes or only
certain types of them. It is also important to define the
degrees of the negative influence of capitalism on crime as
a whole, and also on individual crimes. But we must always
proceed from the fact that one of the sources of crime in
socialist society is the negative influence of the capitalist
system. This does not mean that crime is a result only of
influence from without, from the capitalist world. To assume
this would divert us from the search for real ways of reducing
the influence on crime of other causes and sources. What is
operating, we repeat, is a set of interconnected causes. We
are examining one of them, the negative influence of capital
ism.
In carrying out their ideological sabotage our ideological op
ponents, using a variety of devices, seek to make use of vestiges
of the past in the consciousness of some individuals, their private-
ownership attitudes, etc. And this must not be underestimated.
We know that the capitalist sphere of influence is steadily shrink
ing, that the power of the world socialist system is increasing.
At the same time the ideological struggle between socialism and
capitalism is growing stronger, and therefore we must not underes
timate the negative influence of capitalism on the consciousness
8* 415
of the working people, on the consequent rooting in people's
consciousness of various vestiges of the past, and on the existence
of various negative phenomena, including crime. Hence, it must
not be assumed that the tasks of overcoming this negative in
fluence of capitalism have become simpler and easier. On the
contrary, they are growing more complex, because with the deve
lopment of socialism and the building of communist society,
crime is becoming increasingly intolerable. The tasks of criminolo
gy in this connection are basically to find in the general system
of the ideological education of the masses its own specific means
and methods of “cutting off” such a source of crime as the negative
influence of capitalism. Such a line of work will have special
practical significance.
Capitalism has a negative influence on crime not only
through the hostile activity of the bourgeois intelligence
services and their agents, but also by exerting an ideologicai
influence on the consciousness of the working people, by
creating difficulties for the development of socialism, by
fanning war hysteria, etc. With the Help of ideological sabo
tage capitalism is seeking to retain vestiges of the past in
people’s consciousness and, consequently, influencing the
causes of crimes.
By studying the causes of crime we learn about reality.
By discovering the true causes of this phenomenon, we
obtain a real opportunity to influence them, to prevent their
emergence. The detection and study of the causes of crime
enables us to act knowledgeably, to exert a practical in
fluence on all the processes connected with social prevention,
the prevention of anti-social behaviour.
123
tions. The social does noi coincide completely with that
which a person acquires in his personal experience, because
not everything acquired by people in their life is social. At the
same time man is social from the moment of his birth. Howe
ver, the social does not arise “out of thin air”, “all on its
own”. Man’s essence lies in the sum total of social relations
that grow up between people in the production of specifically
human life. But the problem is to introduce each newborn
person to this “essence”. Without consideration of biological
(genetic, inborn) qualities this is impossible.
Thirdly, the relationship of the social and biological in
man is determined by a gradual reduction in the biological
and an increase in the socially conditioned elements that
form the individual. As Karl Marx put it in his famous state
ment, by changing the external world, man at the same
time changes his own nature.1 The influence of the biological
features of man on his development (and behaviour) is effect
ed by means of a most complex system of connections and
relations. In real life this influence is so overshadowed by
the action of the social programme assimilated by man and
his own activity that the role of the biological is sometimes
barely perceptible. Therefore all the biological in an indi
vidual is to a greater or lesser extent socialised. This makes
the task of studying the influence of biological factors on
human behaviour an extremely difficult, although soluble
one. But the social should not be completely divorced from
the biological cither. Their interconnection is indisputable.
Here, of course, many unclear questions arise. To limit their
number as far as possible, we shall provide an explanation. Let
us note, first and foremost, that human behaviour, anti-social
behaviour included, is subject not to biological, but to social
laws. This is explained by the fact that the biological and the
social do not stand in the same row, are not arranged along the
horizontal line of human qualities, are not mechanically included
in each other, and are not connected by any direct correlating
link, by rigorous determination. The biological manifests itself
in the socisd in a different form: the former is dialectically “sub-
lated” in the latter. But does this mean that biological features are
just a “layer” that has stuck to man as a result of his natural
origin, and can therefore be removed? No, of course not. The idea
of man’s ability to cleanse himself totally from the “filth” of his
nature is the basis of the anti-scientific approach to the problem
of the individual. The social cannot completely “remove” the
1 Karl Marx, Capital, Vol. I, Progress Publishers, Moscow, 1974,
p. 173.
124
biological from man. The former, by acting on the latter, occupies
a dominant position, predetermines the trend of development of
biological possibilities planted in man by nature, determines the
means of satisfying his requirements and, consequently, the forms
and nature of his behaviour. However, the biological offers a
certain “resistance” to the social and does not always “surrender”.
Hence their contradictions and the varied forms of solving the
latter.
Obviously people are born without consciousness and inborn
ideas: both are formed in the course of their life. After birth comes
the complex process of the formation of consciousness, thought
and language. At this time in people of each generation the
formation of their social essence takes place under the influence of
the social programme. It covers various age periods with varying
degrees of influence of the biological. Every psychically healthy
ana educated person is a harmonised socio-natural system in
which the natural is controlled by the socio-rational, and the social
corresponds to the biological. If the one really does correspond
to the other, the person is capable of regulating his behaviour.
Of course, the biological is by no means the determining cause
of social development. For that which remains almost unchanged
throughout millenia cannot serve as a basis for improvement of
that which undergoes radical changes within centuries, even
decades. Biological processes develop more slowly, and social
phenomena more quickly. But this does not prove that the “biolo
gical environment” is isolated from “social life”. This fact is a
manifestation of the autonomous nature of the process of trans
forming man, which, however, does not mean that his biological
nature is infinite and unchanging. Therefore, it is essential to
speak of the biosocial systems that concern man, his life and
behaviour.
128
sentatives of a social environment become completely iden
tical under its influence. Of course not. People are endowed
by nature with individual features, different types of higher
nervous activity, diflerent capacities to feel and think, dif
ferent volitional qualities, instincts, etc. On the one hand,
all these qualities necessarily, although in differing degrees,
affect the concrete results of a person’s mastery of social ex
perience. On the other, these qualities themselves change
under the influence of social action. Hence the question
arises as to what socio-biological potential of development a
person has and how this potential can be realised without
harming the development of his personality, the formation
of his behaviour, his physical, psychic and moral health.
Here the problem arises as to how to “suppress” the potential
possibilities of anti-social behaviour and the various other
manifestations that contradict social development. Obvious
ly not only social, but also medico-biological means should
be used for this.
In analysing the problem of the causes of crime, the crim
inologist always studies the biological aspect in some
way or other, even when he does not wish to take it into
account. For the interconnection of the social and biological
cannot be regarded in any sphere of scientific knowledge as
the relationship of totally diflerent, clearly demarcated as
pects. “...Everywhere in Nature and society, the lines of
division are conventional and variable, relative, not abso
lute.”1 Consequently, it is impossible to determine precisely
the proportion of the social and of the biological in causes
of crime. We must proceed from the fact that all phenomena
of nature and society, including man, are in a constant state
of development, owing to which the ratio of the social and
biological also changes. But not everything changes in the
same way and at the same time. Therefore it is hard to call
certain individual features in the causes of crime either purely
biological or purely social, without their, albeit relative,
connection with each other. It is hard to distinguish in the
phenomena of nature and society, in man (if we take his
life as a whole) the major and the minor, the determining
and the determined, the external and the internal. The com
ponents that go to make up any “biosocial system” exist and
9-01771 129
operate in indissoluble unity and interpenetration. The life
of any person proceeds simultaneously in two forms of matter:
the biological and the social. In studying the causes of crim
inal behaviour, this fact must be constantly borne in mind.
2. BIOLOGICAL PROBLEMS IN THE CAUSAL COMPLEX
OF ANTI SOCIAL BEHAVIOUR
132
a person must eat, drink, etc., but it should not be complete
ly ignored. This concerns in particular such “outbursts”
or even “explosions” of human behaviour which are connected
with the satisfaction of biological needs in special situations.
The human psyche and anti social behaviour
The above analysis enables us to conclude that man is
characterised by a certain biological organisation and that
he also has a certain hereditary behaviour programme. His
instincts and needs exist on this foundation. But it must be
noted that biological peculiarities also determine the nature
of nervous processes, temperament and other psychic qual
ities of man. These qualities, being independent, are effec
tive (although in “sublated” form) for social forms of beha
viour. Hence it follows that a study of anti-social behaviour
should be made on the psychological level as well. This aspect
of research can reveal the connection of psychic states and
processes (intellectual, emotional, volitional), psychic qual
ities of the personality of the offender (inclinations, tem
perament, abilities, character) with his anti-social beha
viour. It is this that determines the interconnection of a
person’s psyche and his behaviour. This is particularly
true of criminal behaviour.
Analysing criminal (anti-social) behaviour, we must bear
in mind that the psyche in one of its meanings can be re
garded as the connecting link between the social and the
biological. This “link” brings us to the psycho-physiological
aspect of research. In this connection a word must be said
about the border discipline of psycho-genetics, which studies
a fairly wide range of features. But this discipline concent
rates mainly on higher psychic functions. The connection of
criminology with this discipline is essential for solving the
theoretical and practical problems of crime control.
In studying the problems of a person’s psyche in connec
tion with his anti-social behaviour, Soviet criminology is
guided by the following conclusion: there are no grounds for
assuming that the content of the psyche, that is, everything
that characterises a person as an individual—his world
outlook, moral and ethical values, goals, aspirations, inter
ests, intellect and will, are determined by a genotype. On
the contrary, there is every reason for stating that these
‘‘indications” are of social origin and are passed on from
133
generation to generation only in social continuity according
to a “social heredity” programme. They are not coded in a
genome. It is a different matter with dynamic characteris
tics, that is, the formal parameters of the psychic process
(and the nervous process on which it is based), or with the
characteristics of a person as an individual. Reflecting the
physiological qualities of the material substratum of the
psyche, they may be formed according to a genetic prog
ramme. But here too it is unlikely that everything can be ex
plained solely by a genotype.
This is the initial position that should provide the basis
of criminological investigation of a person’s psyche in con
nection with his anti-social behaviour. The important thing
here is a concrete analysis of the person’s features, qualities
and behaviour.
In relation to the causes of crime we cannot, it would
seem, ask the question: are certain psychic mechanisms pro
grammed in advance? It is clear that the reply to such a
question can only be negative. We must bear in mind that
the psyche as a social phenomenon is connected with the
infinitely complex set of factors that influence a person’s
development. Here the biological can also be represented as
a prerequisite of the psychic. However, the psychic in its
turn is also capable of influencing the physiological. In this
complex system of interconnections and interdependencies
each element plays its own role. The biological however,
firstly, plays a secondary, not the main, role, and, secondly,
manifests itself “dully”, not clearly. But this does not mean
that it should not be studied.
Data from psychology and medicine, particularly psychiatry
and psychopathology, are frequently of considerable interest for
an understanding of the psycho-physiological mechanisms at the
basis of many important forms of behaviour. It is well known, for
example, that in the majority of people positive nervous-psychic
and social qualities prevail over negative ones. However, there
are people in whom negative nervous-psychic and social qualities
prevail over positive ones. This sort of ratio turns people into
one-sided, unbalanced individuals. Some offenders by virtue of
their psychic unbalancedness and quarrelsome disposition feel
discomfort in normal, peaceful conditions of life. They are im
pressed by acute situations, human suffering, etc. They make
use of any pretext to create conflict situations. Such behaviour
is not free of psychic anomalies. It is linked, as a rule, with mal
functioning of consciousness, thinking, memory, with degeneration
of the personality as a whole, and of the human psyche. And this*.
134
as practice has shown, often leads to crimes. Consequently, a study
of these problems from the criminological point of view is most
necessary.
A person’s strictly individual psychic peculiarities, which
are connected with his biology, play an active, not passive,
role in the development of behaviour. Anti-social behaviour,
for example, can be noticeably influenced by various psychic
and physical deviations and defects, by abnormal mental
activity. The psyche of persons who commit serious crimes,
sometimes accompanied by clearly “inhuman” actions, may
have been disturbed from the outset by genetic deviations.
It is possible that such people may lack the ability for nor
mal psychic perception, some of their abilities may be per
verted. Studies even of persons who have committed murder
with intent show that it is precisely among criminals of this
category that one most often finds people with psychic ab
normalities.
We must bear in mind that the existence of psychopathy,
mental backwardness and other manifestations of psychic
inferiority in some cases can lead to the commission of a
criminal act, facilitate its realisation, narrow the possi
bility of an alternative choice of action, occasionally intro
duce strange “motivation” and reduce the possibility of self-
control, etc. But can such psychic inferiority be the result
of social factors alone? We obviously cannot do without a
study of the anthropological laws connected not only with
sociology, but also with the functioning of the human brain,
the human psyche. Without taking biological elements into
account we cannot give a sufficiently full explanation of the
“psychological extremity” that we call a crime, nor can we
adopt a proper individual approach in the prevention of
anti-social behaviour. Therefore these genetic (biological)
problems have, first and foremost, a profound social signi
ficance.
The influence of hereditary diseases
on anti social behaviour
At first glance it may seem that criminology should not
be interested in whether the psychic anomalies of offenders
are inborn or not. However, practical workers are concerned
mainly with the problem of the prevention of crime com
mitted by persons with psychic deviations. But this is ex
tremely difficult for them because people with such devia-
135
tions act in a most unexpected way. On the other hand, in
order to prevent crimes committed by this category of per
sons it is essential to know the true causes of their anti
social behaviour, assessed as a whole, of course. Juridical
means and methods alone cannot be sufficiently useful.
Practical workers must be assisted, first and foremost, by
medicine, for we are dealing with the influence of hereditary
diseases on anti-social behaviour. Obviously we cannot do
without medical prevention (and treatment) in the future.
Already today the conscious protection of heredity is becom
ing urgent. Society is carrying on considerable work con
cerning the prevention and treatment of many hereditary
diseases. Medicine and juridical practice, acting jointly to
organise the prevention of anti-social behaviour, will have
to base themselves on new social conditions which can pro
vide the opportunity for a conscious transformation of a
person’s genetic programme, should it need “correction”.
This will be a new trend in the state’s prevention work. For
a person suffering from hereditary diseases and leading an
anti-social way of life in connection with this, one cannot
create two independent programmes of preventive action—a
“genetic” one and a “social” one. There must be a single,
comprehensive programme.
J36
he should have, what sort of person he should become and how
he should behave. Comprehensive social prevention is directed
precisely towards this.
Science now knows of more than two thousand different
hereditary diseases in the emergence of which an important
role is played both by direct genetic causes and hv environ
mental conditions and their different quantitative and qual
itative relationships. The role of the hereditary factor in the
emergence of schizophrenia is universally acknowledged, of
course. At the same time in recent years the view that every
hereditarily determined disorder is a primary biochemical
disorder has gained ground considerably. Certain criminolog
ists regard the problem as follows: “Insane persons are not
criminals, and their behaviour is the result of disease.”
However, criminology should take an interest in all crimes,
first and foremost, from the point of view of their causes and
means of prevention. In the structure of crime, however,
one can single out acts which are committed by insane per
sons. The influence of hereditary diseases on crime is obvi
ous here. Psychic diseases are one of the pressing problems
of present-day social development. It is roughly estimated
that at the beginning of the 1970s there were seventy million
people with psychic disturbances in need of hospitalisation
in the world. In some economically developed states there
were as many as 110-140 per thousand of the population.
This is explained largely by the considerable nervous pres
sure related to the growing complexity of social life under
the scientific and technological revolution, and also by the
growth in the number of biological factors that have a nega
tive influence on the human psyche. In recent times the
number of genetic anomalies has increased particularly notice
ably, giving rise to great concern and suggesting that care
for physically healthy progeny should begin not with a
child’s birth, but with the way of life of its parents.
The criminological aspect of these problems is closely
linked with sociology, psychology, medicine and other
sciences. In solving problems of social prevention, these
branches of knowledge should proceed from the fact that the
present level of the development of society is capable of
preventing, compensating and changing certain genetic
(and, of course, non-genetic) anomalies, of adapting vari
ous genetically (and non-geneticallv) degenerative pheno
types to full social activity. It must be remembered that
137
a person begins to regulate his activity at the very first
stages of his existence. With regard to genetically inferior
people who possess all the human dispositions, they cannot,
of course, ensure the normal human ontogenesis of their or
ganism outside and without society. Obviously the problem
concerns not only certain individual trends of social pre
vention, but the activity of the state, the society as a
whole.
No matter what is a person’s genetic programme, it does
not predetermine his whole future ontogenesis. Developed
socialism opens up great opportunities for the creation of
the best conditions for ensuring for all people a full develop
ment of their positive qualities and prevention of negative
ones. In the Soviet Union, as hereditary diseases and the
role of social factors in them are being studied, our knowledge
of a relatively new sphere of science and practice is growing
increasingly—clinical genetics and the related system of
medico-genetic consultations and other measures designed to
improve and strengthen the genetic basis of a person’s devel
opment. What is needed is a special sphere of “education”
and “treatment”, closely connected with the prevention of
various forms of deviant behaviour. Here criminologists can
find their own special place. For all intervention in the treat
ment of hereditary diseases must be carefully justified.
In this sphere ignorant meddling with a person’s fate is
totally impermissible. Criminologists must be highly res
ponsible in the work of preventing crimes that are committed,
in particular, as a result of genetically conditioned diseases,
and all diseases in general. Criminologists must know medi
cine, genetics and hereditary diseases. Hence the need for
training the necessary specialists. The participation of crim
inologists in this work is determined by the objective need
for and real possibility of carrying it out.
The emergence of various psycho-physiological diseases,
anomalies and pathologies and, consequently, the appear
ance of special biological causes of crime are promoted by
alcoholism. It frequently leads to the most serious hereditary
diseases which have a definite connection with anti-social
behaviour. Alcoholism acts on the biogenic amines, the
extremely important psychic co-links that determine the
activity both of the central nervous and vascular systems.
In connection with this, and also with the consideration of
many other negative effects of drunkenness, the problem^
arise of complex, socio-legal and medical prevention of
alcoholism.
In evaluating alcoholism and its effects from the biolog
ical (genetic, psycho-physiological) standpoint, it is es
sential to take account of the fact that alcohol affects both
the drinkers themselves, other people and society. The prob
lem of the effect of this disease on children is particularly
acute. And how many sick people there are among alco
holics who suffer from psycho-physiological disturbances!
Obviously these problems cannot be considered apart from
anti-social behaviour, apart from crime and its causes.
Moreover, information concerning the “progeny of alcohol
ics” is of special importance for criminological forecasting,
for the comprehensive control of violations of legal and moral
norms, for eliminating the causes of these violations. So
cial forecasting can provide essential concrete material for-
organisating this control.
Psycho-physiological stress
and its influence on crime
Under the scientific and technological revolution, the
problem of psycho-physiological stress is acquiring a special
urgency. Everything, even solar activity, affects man, his
condition and behaviour. He is constantly experiencing the
influence of the cosmos. Each person has his own biorhythms.
He is by no means unaffected by the ecological environment
either. In brief, man is in constant and diverse contact with
the socio-technological conditions in which he lives and
works. These conditions, the conditions of modern life, not
only change very rapidly, but also grow more complex.
Man’s biological qualities, however, have remained more
or less what they were a hundred years ago. Thus, the prob
lem arises of the contradictions between the “conservatism”
of the biological and the accelerated development of the
social, the problem of the individual’s adaptation to the
most complex conditions of social being. As a result people’s
physical, emotional and other biorhythms are often dis-
tured. All this demands constant tension from them, both
biological and social. The result of tension which a person
experiences is not only general physical tiredness, but also
nervous-psychical and emotional stress. This is what wef
call psycho-physiological stress. It cannot fail to influence
people’s behaviour, to create various stress and conflict
situations. Occasionally the effects of these burdens also
lead to illegal behaviour, crimes. Therefore the study of
the criminogenic effects of psycho-physiological stress on
man is of particular importance.
As life shows, today the industrial changing of the natu
ral environment, its transformation, is not always desirable
for the activity of the human organism and psyche. The
problem of adaptation to various chemical and toxic sub
stances is becoming increasingly acute. In the course of
these transformations of man’s life and socio-technological
environment, transformations which have many nuances,
incidentally, concerning psycho-physiological stress, the
lagging behind of people’s adaptational possibilities may
not only arise but also increase. New genetic, allergic, and
endocrinological diseases have been discovered recently.
Their spread is closely linked with the extensive use of new
substances and types of energy, with changes in man’s chem
ical surroundings. A considerable place in the structure
of the general rate of disease is occupied by malignant neo
plasms, cardio-vascular, and nervous and psychic diseases.
Of course, the causes of anti-social behaviour cannot be
connected directly with this problem alone. We must also
proceed from the fact that various psycho-emotional and
biological disorders are the result of the growing complexity
of relations between people and of changes in ways of life,
particularly in large cities. Therefore in studying the causes
of crime in connection with the foregoing it is necessary to
assess the complex of problems, without, however, overlook
ing the biological aspect. In studying the causes of anti
social (criminal) behaviour, contradictions and conflicts that
frequently lead to crimes, criminology must take account of
the fact that in an age of rapid scientific and technological
progress and social mobility people’s former psychological
separateness is eroded and all the channels of the intellec
tual and emotional relations between them are becoming full
up, and occasionally overloaded. The nervous system is
subject to the constant and ever-increasing influence of
various psychic factors, negative ones included, and some
times cannot cope with them, as a result of which morbific
situations arise in the life of people and collectives.
As an example let us quote concrete statistics of the
Institute of Therapy of the Academy of Sciences of the USSR;
140
in 80 per cent of cases myocardial infarction was preceded by
an acute psychological trauma or prolonged tension as a re
sult of a conflict situation at work. But this is not all, un
fortunately. The results of investigations also show that con
flicts may lead to stresses and even nervous diseases. All
this has a most negative effect not only on people’s health,
but also on their behaviour. Such conflicts are anomalies in
human behaviour. The causes of crime in such cases are fre
quently rooted in the disturbed regulation of the life processes
of the organism by the nervous system. The increased de
mands made on people by a “busy” life create the need to
reorganise their physiological functions on a higher and
more complex level, and not everyone succeeds in doing
this, particularly in complex psychological situations. Mod
ern criminology cannot overlook these factors in a study
of the causes of crime and the nature of anti-social behav
iour.
CHAPTER V
143
The interconnection of the personality
of the criminal and society
The study of the personality of the criminal is character
ised, first and foremost, by the so-called personal approach
which is a most important methodological principle for
studying a concrete person, his behaviour, life and activity.
But this does not mean that in studying the personality of
the criminal we can proceed only from a particular type of
individual and a description of the acts of his individual
criminal behaviour, and not from the forms of social activity
and social relations inherent in the social system as a whole.
The personality as an integral system is mobile, dynamic.
It changes and develops depending on the improvement of
social relations, the development of the social environment
of society. Consequently, the personality of the criminal is
a product of the social environment, of society. It is always
a concrete unity of the individual (singular), the particular
and the general. Each personality has special features which
are inherent in a certain community of people. The problem
of the personality may be solved if we see the personality in
each person. Therefore we must not judge personalities as
a select category of people. This would deprive the concept of
personality of objective criteria and possibilities of elabo
rating the problem scientifically. This requirement applies
to all branches of knowledge, criminology included. An ana
lysis of the problems of the personality by any science is
based on the fact that man is the real bearer of all the so
cially significant features and relations of society in which
he carries on his activity.
The individual is a set of social relations. These are, first
and foremost, the harmony between the individual and
society, which presupposes the mutual nature of their require
ments. There is no harmony if the individual does not heed the
interests of society, disregards his obligations to society and
adopts a consumer attitude towards it. No one has the right to
flout the interests of others to benefit his own interests. The har
monious relations between the individual and society mean harmony
between that which the individual demands from others and
that which he must give them, harmony between his rights and
obligations. Here the main thing is achieved: each person Becomes
aware of himself as a part of mankind.
The personality is the concrete expression of man’s essence,
the integration of socially significant features and social
144
relations realised in a definite way in man, and connected
with the essence of the society. However, in order to study
it from this standpoint we must distinguish two main ap
proaches. The first of these is characterised by special at
tention to factors that are external to the personality. They
are regarded as a system of stimuli that act upon a person
and form his views on this or that aspect of society and social
development. In this case the personality is seen as the effect
of certain socially significant actions. The second approach
is directed to the personality itself, to the inner motives for
its behaviour. The task of any science that studies the per
sonality is to combine these approaches, by taking man both
as the cause and as the effect of socially significant actions.
The study of the personality is, therefore, as inexhaustible
as the study of society itself.
Marxism-Leninism teaches us that man and society are a
dialectical unity. Society is the condition and the result of the
life and activity of people, the product of their interaction. The
objective essential forces of the personality are embodied in the
social structure of society, in the system of social relations, in the
forms and results of the activity of each person. It is to this that
the Constitution of the USSR refers when it speaks of a society
of mature socialist social relations, a society in which the law of
life is the concern of all for the good of each and the concern of
each for the good of all. Man cannot live, work, and act outside
society, outside social relations. In the USSR the private and the
public are organically interwoven. Man is an ensemble of social
relations, as it were, within which and by means of which his
social qualities are formed. Therefore how the personality devel
ops and will develop depends on society. It is the essence of the
social system that ultimately determines the nature of the prob
lems which arise in connection with a person's life and activity.
Man's spiritual life is made up of three elements: his private life,
his connections with society (mainly the people witn whom he
lives and works) and his activity as a citizen of the state. For
each person the satisfaction of the needs of his private life is
of an individual nature. A person in a state should observe its
laws, and in a society live in accordance with its traditions. In
socialist society the interconnection of social and private interests,
their unity, is strengthened. Public interest increasingly becomes
personal interest, determining the individual's orientation, forms
of activity and behaviour. It is this, inter alia, that ensures that
the overwhelming majority of people voluntarily observe socialist
law and order. The right of citizens to demand "something" from
society is organically combined with society’s demands on the
individual. One cannot take without giving something in return.
Every person is called upon to make a conscious contribution to
the common cause, to be responsible for his actions. There is a
direct link between what society gives a person and what a person
10-01771 145
gives society, other people. This is social justice. It presupposes
both the improvement of the individual, and the progress of
social development.
The fate of the individual is not overshadowed by the fate
of society, of the state. Each individual has his own “make
up”. Individuals differ in their social, moral, legal, cultural
and other qualities. There are individuals with a strong sense
of civic duty, and those with a weak sense. Criminology
studies the individual that does not observe social require
ments, that violates the criminal-law norms existing in
the state, the criminal individual. The latter plays a role
that is dangerous for society and thereby challenges society.
But, of course, in relation to such people it cannot be said
that they are not personalities. With a certain amount of
conventionality we call them criminal personalities. Of
course, the fact of violating criminal-law norms does not turn
a person once and for all into a criminal personality. This
type of personality under socialism is a temporary type that
is dying out. The very concept that “the criminal is a type
of personality” is justified as a scientific category only when
it embraces features that are indissolubly interlinked with
the features and qualities of crime. We can speak of a criminal
as a type only in relation to the phenomenon of crime.
In relation to socialist society, however, this is not a typical
personality.
The criminal personality in the system
of social relations
The recognition of the social essence of the personality
leads logically to the conclusion that in order to change a
person one must transform the social relations in which he
lives. Therefore criminology cannot study the criminal per
sonality outside its connection with society and outside the
main principle of the conditioning of the social essence of the
personality in question by social relations. The social in the
criminal personality is the general and essential that is di
rectly determined by social relations. It is this social ele
ment that expresses the indissoluble dialectical connectiou
of this type of personality with social relations. But this is
only one aspect of the matter. The other is that the social
in the criminal personality is a process based on the chang
ing of “external” social relations into the “inner” structure
146
of a person: his needs, interests, attitudes, orientation, di
rection, etc.
As Marx and Engels pointed out, “the real intellectual
wealth of the individual depends entirely on the wealth of
Ills real connections.”1 Later Lenin wrote that “the material
ist sociologist, taking the definite social relations of people
as the object of his inquiry, by that very fact also studies the
real individuals from whose actions these relations are
formed”.2These propositions are pointsof departure for solving
the problem of all types of personality.
This applies to the criminal personality also. It is to a
certain extent one of the forms of the individualisation of
social relations, which does not mean that the transformation
of social relations into individual features is arbitrary from
the point of view of a concrete person. The individual creates
“his own social relations” thanks only to contact with other
people. The criminal personality is characterised by “non-
influential” social relations. This does not mean that the
criminal personality can be regarded in isolation from social
relations as a whole. We must bear in mind that there is
a system of different forms of relations, including those
that are connected with the criminal individual and his
behaviour, attitude to society. Ignoring this approach makes
it difficult to understand the dialectical interconnection of
man and society, society and the criminal.
The nature of the individual’s social relations ultimately
determines his attitude to the social order, to his own behav
iour and the behaviour of other persons, to legal norms,
and to his own acts and actions. Here we are dealing with
individualised social relations. And we proceed from the fact
that the social order is an integral part of the system of
social relations. These relations are connected with the sphere
of ensuring law and order, and, consequently, with the sphere
of legal relations. The existence of a connection between the
personality and legal relations is confirmed by the fact that
no juridically significant behaviour is an isolated act of a
single individual committed in isolation from other persons
and from society as a whole. All behaviour, anti-social in-
1 Karl Marx and Frederick Engels, “The German Ideology”,
Op. cit.y p. 51.
2 V. I. Lenin, “The Economic Content of Narodism and the Crit
icism of It in Mr. Struve’s Book”, Collected Works, Vol. 1, 1960,
p. 406.
10 * 147
eluded, is considered in the system of social relations, in
interconnection with otherjpeople. For the main content of
individualised social relations^is the^behaviour of concrete
people. These relations are a form of how people behave in
society. One of these forms is antisocial (criminal) behav
iour.
I The concept of social relationsjis interpreted fairly broadly,
particularly if it is regarded as a philosophical category.
However there are different classifications of social relations.
We can speak, for example, of relations in the sphere of
everyday life, work, the economy, international cooperation,
etc. In the sphere of law legal relations arise. We assume
that one can speak of social relations both in regard to the
committing of crimes and in regard to their prevention.
These are criminological social relations. They are connected,
firstly, with anti-social (criminal) behaviour, and, secondly,
with its prevention. The concept “criminological relations*1
is broader than the concepts “criminal-law relations”, “crim
inal-procedure relations”, “corrective labour relations”,
and so on. It synthesises, as it were, all the social relations
that arise in connection with crime.
Criminological relations can be characterised in the narrow
and the broad meaning of the word. Here we must proceed
from the fact that they arise between the individual and so
ciety in the sphere regulated by law (the concept in the nar
row meaning), and in the sphere regulated by norms of both
law and morals, even more broadly—by social norms (the
concept in the broad meaning). However, it is necessary to
mark the criminological “frontiers” of social relations, the
limits of their action and influence. Establishing these “fron
tiers” does not mean that social relations of a criminological
nature can be regarded outside the system of social relations
as a whole. A most important criterion for assessing these
relations is their place and role in that system. Social rela
tions are heterogeneous, just as society is socially hetero
geneous.
Criminological relations arise and exist at the juncture
of social relations and legal relations. These three concepts
of relations are indissolubly linked, although they are also
characterised by certain specific features which are of excep
tional importance for understanding the nature of human be
haviour. However, by assessing them as a whole we discover
the social features of the criminal personality, find out what
148
a concrete person is like as a personality, what his connec
tions with other people are, reveal the social status of this
type of personality, study it as a subject of social relations,
as a person performing various social roles. The whole inner
world of the criminal personality is formed and exists in
the process of the formation and realisation of its diverse
relations and interactions in society and groups. Hence anoth
er problem, that of interpersonal relations. These are the
direct connections and relations of the individual, the crim
inal individual included, which develop in his real life
with other people. In the formation and regulation of inter
personal relations sociology, psychology and law all play
a part. All this shows that the study of the criminal apart
from the social relations that have formed him as a person
ality is inconceivable. This is what conditions the prin
ciple, of great methodological importance for criminology,
of the examination of the criminal personality through a
study of social relations. It is through social relations that
the social essence of the individual is expressed.
Social contradictions
and the criminal personality
The relations of society and the individual as a whole
are always characterised by a unity of interests which deter
mine one another. But there also exist contradictions between
the interests of society and those of the individual. Under so
cialism they gradually diminish, which also creates the nec
essary conditions for eliminating them. The objective inter
connections between the individual and society serve, first
and foremost, to overcome them, i.e., to establish the social
in the individual. They create the basis for morality, law,
and psychology (particularly social psychology) to promote
the bringing of individual behaviour into conformity with
the requirements of society, of a certain social community
(with the interests and aims of the community, its goals and
stereotypes, traditions and habits). But by taking the objec
tive existence of social contradictions into account each
individual in some way or other reflects these contradictions.
Hence the need to form communist social relations, to educate
the man of the new society, which in turn presupposes the
creation of conditions in which the universally human and
social that characterises man as an individual reaches a
149
level that is inaccessible to the various forms of deviant
behaviour. For all behaviour, anti-social (criminal) includ
ed, is actually the working out of social norms by the indi
vidual on the basis of awareness of his position in relation
to society. This position essentially reflects the individual's
attitude to society. The process of working out an attitude
to society is exactly the same (as a process) in the commission
by the individual of legal and illegal actions. The only
difference is that in the one case the person takes a decision
on the basis of his consciousness that is in keeping with
the requirements of society and, in the other, one that is
opposed to these requirements. The aim of education, pre
vention included, is to take this process into account, to
guide a person to choose a correct position in life.
A person who leads an anti-social, criminal way of life,
unlike a person for whom legal behaviour is characteristic,
is always in conflict with the socio-class tendency of society.
This suggests that the criminal personality is in conflict
with society and represents a certain threat to it. This state
of the personality in question should be regarded in the
system of social contradictions, in close connection with
their different forms of manifestation. One of these forms is
contradictions of a criminological nature. Their overcoming
(solution) is promoted by the social prevention of anti-social
(criminal) behaviour. Criminological contradictions mani
fest themselves in the fact that the individual unjustifiably
rejects (or is indifferent to) important social, moral and legal
values, or actively acts against the social value attitudes
expressed and embodied in criminal legislation. The essence
of these contradictions is expressed, on the one hand, in
the defective nature of the relations between the individual
and society, and, on the other, in the performance by the
individual of a specifically anti-social role, the committing
of a crime. Consequently, the prevention of crimes is con
nected with the resolving of the contradictions between the
individual and society.
The criminal personality—a special
criminological problem
The problem of the peculiarities of the criminal person
ality has long been one of the most fundamental in crimi
nology and still gives rise to differing opinions. The essence
of the disagreement is basically that some specialists regard
the concept “criminal personality” as a formal one, and others
as a non-formal one. We assume that there would be no point
in discussing the criminal personality here if it did not pos
sess qualities different from those of persons who do not
commit crimes. Criminology studies the criminal person
ality in close connection with anti-social behaviour and
therefore bases its theoretical conceptions and practical con
clusions on the peculiarities of persons who commit crimes.
Therefore within the framework of criminological science dif
ferent aspects of the study of the criminal personality are
increasingly emerging as an inner integrated teaching on
the person who represents a social danger. Such a personality
is the bearer of specific motives, essential and relatively stable
qualities that have been formed logically under the in
fluence of negative elements in the social environment.
Although the concept “criminal personality” is to a certain
extent conventional, it is a valid one. This conventionality
does not exclude the need for an independent, special study
of the criminal personality.
The concept “criminal personality” can be used in two
senses: firstly, as a generic one, as a concept characterising
a certain type of person; and, secondly, as a concept which
indicates that we are dealing with a person who has commit
ted a crime. But in order to establish the causes of this crime,
to elaborate and put into effect appropriate preventive mea
sures concerning both the correction of the person in question
and the prevention of criminal behaviour on the part of
other persons, it is necessary to understand the personality
itself, its criminal peculiarities. It is here that criminology
uses the concept “criminal personality”. There is, however,
no previously given “criminal personality”. This concept,
which expresses the social danger of a personality to society,
is limited in time. We can speak of a criminal personality
from the moment a person commits a crime up to the mo
ment when his correction is recorded. The criminal personal
ity is directly linked with a specific form of behaviour,
namely, anti-social behaviour, or, to be more precise, crim
inal behaviour. Criminological study of the personality
is an aspect of the investigation of human behaviour in
society. The actual problem of the personality is not a sec
ondary one, however, but one that is central in criminology.
It is present in all the most important criminological prob-
151
lems and is a key to understanding the essence of crime.
Criminal behaviour differs qualitatively in its danger to
society not only from lawful behaviour, but from all other
forms of socially deviant behaviour. It is characteristic of
an individual, as a rule, at a separate stage of his life. There
is no “criminal personality”, and certainly cannot be one
that is permanently characteristic of one and the same per
son. The following assessments are possible in this connec
tion: a person has not yet become a criminal, although his
behaviour is of a socially dangerous nature; another was a
criminal, but has ceased to be one; and a third has never been
one and will never be one. These assessments are of a practi
cal significance. The classification of persons by these cri
teria is a special problem.
The peculiarities of the criminal personality
A definition of the concept “criminal personality” on the
basis of non-specific features is pointless, because for the
criminologist the personality is interesting not in itself,
but only insofar as its qualities determine the committing
of a* crime. This concept combines social and juridical fea
tures. Therefore at the centre of attention of any attempt to
give a more or less complete description of the criminal
personality there are always three questions: the person,
the deed committed by him and the responsibility laid down
by law for this deed. The personality of the criminal can
be defined as the personality of an individual who is guilty
of committing a socially dangerous deed forbidden by law
on pain of criminal responsibility. The main point in this
definition is the fact of the committing of a criminal deed,
a crime. It is this fact, a formal one to some extent, that
characterises the anti-social, or rather criminal tendency of
the personality. According to the law the criminal is a person
of sound mind who has reached a certain age and has com
mitted a criminally punishable act. This set of features forms
the content of the concept “crime subject”. However this
criminal-law concept is by no means identical to the crim
inological concept “criminal personality”. Criminology
proceeds from the fact that a crime is committed by an indi
vidual as a result of a complex interaction of many circum
stances, among which a most important role is played by
the personality of the individual. We must not forget that
152
there are definite personality qualities which “warn” us
of the possible committing of a crime by that person. In
certain conditions, under the influence of certain circum
stances or a certain concrete situation, these qualities may
lead to a crime. It is necessary to detect the harmful qual
ities that make a person particularly predisposed to the
committing of a crime. In itself “predisposition” does not
lead automatically and inevitably to the committing of
a crime. A person so predisposed may not. commit a single
crime, if the environment around him has a positive in
fluence on him. The social prevention of anti-social behav
iour plays a decisive role here.
A crime always expresses the person’s volition, his aspi
rations, views, needs, habits, etc. It bears the stamp of the
individuality of the person who committed it. In studying
the personality, criminology examines the various connec
tions and relations of the criminal with other people, as
sesses their combined influence and thereby characterises
the general qualities of the “human personality of the crim
inal”. However, this provides only an oversimplified model
of the personality in question. The environment does not
automatically form the “individual” qualities of the person.
He acquires individual characteristics not only in the pro
cess of active “outer” activity. The acquiring of such char
acteristics presupposes the recognition also of “inner”
subjective activity, in the course of which the personality
constructs itself. An analysis of the ratio of “outer” and “in
ner” is an important condition of studying the characteristics
of the criminal personality. Here a word must be said, first
and foremost, about the content of a person’s actual con
nections with other people, about his individual, personal
social experience on the level and in the form in which it
appears for the person (criminal) in question. In other words,
the social factors that form the personality manifest them
selves to the extent that they become an organic part of
a person endowed with natural (biological) dispositions.
We must not reject the interpretation of the personality
as a kind of whole embracing all its peculiarities. A study
of the criminal personality must select only those which
manifest themselves in anti-social behaviour, particularly,
in crimes.*Themain question is what led the person to commit
the crime. This helps us to answer the question of why the
person became a criminal, a “criminal personality”.
153
The structure of the criminal personality
We cannot understand the mechanism of anti-social behav
iour or the person who has committed a crime without first
understanding the structure of the personality. Here it must
be noted, first and foremost, that all the qualities of a per
son (taken as a whole) fall into two main categories: the per
son as an organism and the person as a personality. At the
same time the personality also has two interpenetrating as
pects, two substructures: the psychological, which deter
mines its individuality, and the social, which is determined
by its social roles and experience of activity in this or that
social sphere. The elements of the psychological structure
(substructure) of the personality are its psychological
qualities and peculiarities, which are usually called “person
ality features”. The psychological substructures of the per
sonality are also its levels: the first level is the biologically
determined substructure (natural qualities of the type of
nervous system, age, sex, certain prepathological and even
pathological qualities of the psyche, temperament); the sec
ond level is all the individual qualities of different psychic
processes that have become qualities of the personality
making it unique (individuality in manifestation of memory,
emotions, sensations, thinking, perceptions, feelings and
volition); the third level is social experience, which includes
the knowledge, skills, abilities and habits acquired by a per
son (all this is based on elements of the preceding substruc
tures); the fourth level is the trend of the personality evalu
ated from the standpoint of socio-psychological analysis
(the trend taken as a whole falls into the following substruc
tures: appetites, wants, interests, inclinations, ideals, indi
vidual world outlook, and the highest form —convinctions).
The criminological level can also be singled out convention
ally (in studying the personality of the criminal) in its
structure. Special attention must be paid to the anti social
tendency of the personality, the personal attitude of the
criminal. This is, perhaps, the main thing in the structure
of such a personality. The anti-social tendency and the
“negative” attitude of the personality are the main problems
of criminological research.
Criminologists offer different versions of the structure of
the criminal personality, with due account of its peculiari
ties, of course. In solving this problem three main groups are
154
usually distinguished: general features, special features, and
individualised features of the criminal personality. This
approach can provide an answer to the question as to how
a criminal's personality is made up on the whole and also
help determine which set of qualities characterising the
criminal form this personality and what is the structure of
this set. Alongside this approach use must he made of anoth
er one. linked with the science of management. The posing
of this task presupposes the singling out in the structure of
the personality of such components as the behavioural
motives, attitudes and orientations which control a per
son's behaviour. These elements of the personality structure
do not exist alongside its other components, such as needs,
aims, interests, values, etc., but penetrate the whole complex
system of elements of a person’s consciousness and self-
consciousness. In certain conditions needs or interests, like
the other elements of the human psyche, may become motives
or even attitudes of the individual’s actions or orientations.
These circumstances must not be overlooked in a study of
the structure of the criminal personality. They are funda
mental iii determining the peculiarities of persons who have
committed crimes.
11-01771 161
ta k in g p a r t in a c tiv ity , a p erso n co o p e rate s w ith o th e r people.
A c tiv ity is th e sum to ta l of a c tio n s of peo p le (a person) u n ite d
b y a com m on aim a n d p erfo rm in g a d efin ite fu n c tio n . T h is is n o t
c h a ra c te ris tic of b e h a v io u r. I t is in a c tiv ity , n o t in b e h a v io u r, th a t
we can trac e th e m ech an ism of p eo p le’s in te rc o n n e c tio n betw een
them selves an d of each se p a ra te in d iv id u a l w ith th e so c ial en
v iro n m e n t. T h e lev el of a c tiv ity is h ig h e r th a n t h a t of b eh a v io u r.
O n th e w hole p ra c tic a l a c tiv ity is, first and fo rem o st, la b o u r
a c tiv ity .
169
tio n w ith th e fo rm a tio n of th e s o c ia list w ay of life h a s em erged.
T hese in c lu d e n o t o n ly q u estio n s of a n ti-so c ia l b e h a v io u r, crim e
c o n tro l, stre n g th e n in g law an d o rd e r an d e n su rin g le g a lity , b u t
even p roblem s of th e a c tiv ity of th e agencies of tn e M in istry of
th e In te rio r, and th e co rrec tio n an d re-ed u c atio n of co n v icte d
persons. T h is en a b le s th e sciences in q u e s tio n to c o n sid er th e
so c ia list w ay of life in close co n n ectio n w ith th e a c tiv ity of m an
as th e su b je ct of social re la tio n s, as th e b e a re r of c e rta in norm s
and rules.
170
ness, read in ess of th e in d iv id u a l to c o m m it an a c t in a con crete
s itu a tio n fo r th e sa tisfa c tio n of an e x istin g n eed. T h is a ttitu d e
precedes, as a ru le, th e o rie n ta tio n o fjth e in d iv id u a l. O rie n ta tio n ,
a t titu d e , te n d e n c y —a ll of th ese to g e th e r c h a ra c te rise th e sta b le
socio-psychological s ta te of th e in d iv id u a l. In th e case in q u estio n
th is s ta te m ay b e assessed as th e “c rim in a l s ta te ” . I t becom es p a r t
of th e c o n te n t of th e p e rso n a lity of th e c rim in a l offender.
12-01771 177
(and methodics) of forecasting; and precise formulation of
the aims and tasks of forecasting. These requirements must
be observed at all the various levels of forecasting.
The continuous nature
of the process of forecasting
Truly scientific forecasting is a constant, creative process
of cognising the future. No matter in what sphere it is done,
forecasting is first and foremost a scientific theoretical and
practical creative activity. Consequently, in whatever sector
of social life, whatever sphere this activity is carried on, it
must be understood and carried out as a continuous process,
as a constant creative process of work and thinking. The
experience of the bodies that control crime shows that con
tinuous forecasting enables us to make timely comparisons
of the present state of the forecasted system with final (new)
demands, thereby ensuring the choice of the best solution in
elaborating future measures. The continuous nature of
forecasting is also conditioned by the need to improve and
specify forecasts, taking into account new requirements and
new data. Systematic forecasting makes it possible to check
the results of forecasting obtained on the basis of some laws
against results obtained on the basis of others. Continuity
and consistency in forecasting ensures more accurate and
complete results by absorbing more and more new infor
mation.
Criminological forecasting is a constant and, by its
very nature, continuous process, that requires systematic
amplification in the light of new data on crime, its causes
and its prevention. In organising forecasting criminologists
must, therefore, constantly compile new forecasts and
amplify existing ones. The continuous nature of criminolog
ical forecasting excludes any attempt to regard the process
of scientific foreseeing as complete. The desire for complete
forecasts that do not require amplification may lead to unre
liable results or even false conclusions.
The bodies controlling crime are always interested in what
the phenomenon in question, the tendencies and laws of
crime, will be like in the future, because the quality of
decisions taken in the present depends on our knowledge of
the future. Irrespective of how circumstances in the sphere
of the crime control may develop in the future (favourably
178
or unfavourably), measures to eliminate crime from society
should always be taken in advance and should be as effective
as possible. However, it must be remembered that any
attempt to study future crime faces the problem of uncertain
ty. If there were no uncertainty, we would always be able
to know in advance what should be done, what decisions
to take and how to put them into practice. But uncertainty
always exists to a greater or lesser extent. Therefore it should
not be thought that criminological forecasting is capable of
eliminating uncertainty entirely. The main task of this type
of forecasting is to find good or even the best decisions given
uncertainty, i.e., to minimise uncertainty. In the process of
minimising uncertainty the forecasting of crime is one of
the instruments with the help of which concrete measures
are elaborated for the future and purposive administrative
decisions are taken. The questions of whether they will be
useful and which decisions will be the best can again be
answered by forecasts which also reduce uncertainty as to
the outcome of measures planned for the future. True, the
obtaining of accurate forecasts of such a type is difficult, and
usually they are approximate. But even a bad forecast is
better than good uncertainty.
Advance information and forecasts
The planned control of any social system requires the
existence of advance (prognostic) information on forth
coming needs, possibilities and effects of controlling actions.
This is also true of crime control. Its future is controllable
through the present, but this control will be effective only
if prognostic information is available, not only about the
“future of crime11 but also about the future of the phenomena
and processes that influence crime. All types of control are
possible only if we possess an advance reflection of the needs
of a model of the future. And an advance reflection is
ensured by prognostic information that enables the control
ling system to “anticipate11events. It acquires its highest form
in forecasting.
The main reason why criminologists engage in forecasting
is that little if anything is known about the future of certain
phenomena of interest to them, but knowledge of this future
is of importance for controlling (guiding) decisions taken in
the present. In other words, what we need is information that
12* 179
will provide data about the future—advance (prognostic)
information. This information enables us not only to “look”
into the future and “anticipate” events, but also to analyse
types of controlling activity from the point of view of the
past, present and future, to reveal more fully the connection
between these temporal categories. Prognostic criminological
information is not auxiliary, secondary information. Within
the framework of general information about crime it stands
out significantly and helps to solve the administrative prob
lems in this sphere at all levels. Well-based conclusions
are necessary for controlling crime.
The aims and tasks of forecasting
The general aim of criminological forecasting is to estab
lish the most general indices characterising the development
(change) of crime in the future, to detect on this basis unde
sirable tendencies and laws and to find means of changing
these tendencies and laws in the necessary direction. The
general aim determines the more concrete aims: to take into
account all circumstances that are of real significance for the
drawing up of long-term plans, to take long-term administra
tive decisions, to elaborate a general conception of crime
control, and to select optimal ways of developing (improv
ing) the activity of the bodies controlling crime; to establish
possible changes in the state, level, structure and dynamics
of crime in the future, and also the circumstances promoting
these changes; to determine the likelihood of the appearance
of new types of crime and the “dying out” of present types,
and of factors and circumstances capable of influencing this;
and to establish the possible emergence of new categories of
criminals. All the other aims of criminological forecasts are
in keeping with these, derive from them and relate to them
as the particular (or individual) to the general. The aims of
criminological forecasting must constantly be made more
precise and concrete. They must be revised in connection
with the continuous nature of the actual process of fore
casting.
Criminological forecasting is not an aim in itself. It
enables us to foresee the future of the phenomena and pro
cesses in question. A criminological forecast can play its part
only when it is turned into a guide to action, into a pro
gramme for crime control. The strength of forecasts lies in
180
the fact that they enable us to organise in the best possible
way work directed towards the achievement of scientifically
based aims. The forecasting of crime is necessary in order to
elaborate measures for the planned, purposive elimination
of crime and to ensure maximum efficiency of the bodies
which control this socially dangerous phenomenon.
The tasks of forecasting depend on the aims and also on
the object of research and the period of forecasting. The
most general (main) tasks of criminological forecasting are: to
obtain information about the future being studied; to process
this information; to generalise all the indices of “future
crime” (the actual forecast being the end result of the forecast
ing process). For the orientation of the process of crime
control forecasts should: firstly, provide information as to
what concrete aims in this sphere are attainable; secondly,
help us to understand which of these aims correspond most
to the interests of the present and future; thirdly, provide
a basis for decision-making if there are alternative aims;
fourthly, help to find a correct relationship between short-
term and long-term aims of crime control and “co-ordinate”
them with each other; fifthly, provide information as to
which means and measures are most suitable for attaining
programme aims; and sixthly, reveal, as far as possible,
all the important effects of these measures. As we can see,
forecasting is directed not only towards elucidating the future
development of the phenomenon (system) in question, but
also towards drawing up recommendations for the better
achievement of the desired version of the future.
One of the most important tasks of criminological forecast
ing is to accumulate pre-plan material. Forecasting, being
the research base of the plan, is called upon to provide it
with a scientific foundation. The main task of criminological
forecasting, however, is to determine on the basis of discov
ered tendencies and laws of future changes in crime
the most important and effective ways of controlling this
socially dangerous phenomenon within the forecast
period.
The practical significance of forecasting
The practical value of forecasting lies in the fact that it
enables us to prepare a scientific basis for future decision
making and the elaboration of corresponding concrete mea-
181
sures to ensure the rational activity of the state bodies and
public organisations concerted. Criminological forecasting,
however, is acquiring increasing practical significance,
first and foremost, for the preparation of information about
the future which is used in long-term planning, and also in
the elaboration and taking of administrative decisions in
crime control. It enables us to evaluate the “present-day
situation" and urgent problems from the viewpoint of the
future, to consider a decision taken “today" from the stand
point of its consequences in the more or less remote future.
With the help of criminological forecasting the subjects of
crime control advance beyond the limits of present-day, and
therefore old, knowledge. Inthisw ay criminological forecast
ing orients us to choose realistic tendencies in the activity
of the crime-controlling bodies, i.e.,it enables them to con
centrate their efforts on questions for the solution of which
there are real possibilities. Finally, criminological forecasting
determines the direction of the possible development of these
bodies themselves, making it possible to constantly improve
their activity and to reorganise their work on the basis of the
latest achievements in science. This is a general assessment
of the significance of criminological forecasting.
A criminological forecast is, first and foremost, infor
mation about practical requirements on the basis of which
the possibilities of controlling future crime are determined
and assessed, taking account of all the available forces and
means. On this level the criminological forecast is a method
that enables us to coordinate the present and future tasks of
crime control, to “link” them with each other in the most
expedient way. Essentially, the practical significance of
criminological forecasting is determined by the need to
solve future problems of crime effectively. Forecasts enable
us to prepare in good time our response to new problems and
to avoid the situation in which the subjects of control arc
confronted with a fait accompli and arc forced to deal only
with the consequences of a particular situation, while being
unable to influence its development. Thus, forecasting is
a most important attribute of optimal and effective control.
Thanks to forecasts we can obtain knowledge about the
future condition of the object of control, and this means
that the controlling bodies will have the opportunity
of consciously directing their efforts, making use in each
concrete case of methods dictated by prognostic infor-
182
mation. Criminological forecasting is able to decide the
order of taking actions to attain the aims of crime
control.
Criminological forecasting helps to gain time in directing
the process of crime control, and the problem of gaining
time by an advance understanding of a future situation
arises, first and foremost, in the posing and solving of fun
damental and long-term problems. Consequently, the prac
tical significance of this type of forecasting is that it pro
vides an opportunity of making correct use of “the fu
ture”.
Criminological forecasting has a dual significance: on the
one hand, it serves the practical requirements of bodies
controlling crime and helps to improve their activity and on
the other, it helps to raise the scientific level and improve the
quality of theoretical research in the sphere of crime
control, which has a positive effect on the development
(improvement) of the whole system of controlling criminal
manifestations. However, how long the present system of
crime control will be retained in the future and whether
the emergence of a fundamentally new system is likely and
necessary, must also be taken into account.
It is necessary, firstly, to give a prognostic assessment of
the existing system of aims, means and methods of controll
ing crime, i.e., to determine which existing aims, means and
methods will be preferred in the future because of their
effectiveness and expediency. Secondly, it is necessary to
determine whether the changes in the aims, means and meth
ods of crime control will be so significant that the existing
system of controlling crime will become ineffective. Third
ly, we must find out whether new aims, means and methods
of crime control that are relevant in the forecast period will
appear, and assess the possibility of their inclusion in the
crime-control system. Fourthly, we must assess whether the
new aims, means and methods (taken individually and as
a whole) will be effective, and whether the effectiveness of
the whole system of crime control will increase after the
inclusion of the new aims, means and methods in it. Fifth
ly, we must establish whether the changed or new system
and individual aims, means and methods will correspond to
the general trend of crime control and what is the likelihood
of their practical realisation in directing the processes of
crime control.
183
Thus, criminological forecasting provides information
about the choice of expedient means and methods of crime
control and thereby helps to improve the activity of the
relevant bodies.
Methods of forecasting
In criminological forecasting use is made of all general
and individual scientific methods of research. The universal
method of cognition is the main one. Special forecasting
methods, which are also used widely in making criminological
forecasts, may be divided into three main groups: extrapola
tion, modelling and expert estimates.
Extrapolation. Essentially extrapolation methods form
the basis of all forecasting. In the broadest sense the essence
of extrapolation lies in a study of the history of the object
being forecast and the transfer of its laws of development in
the past and present into the future. In other words, extra
polation methods are intended for the search for indices of the
future, proceeding from the assumption that the tendencies
of the past and present will continue to operate. Since it was
“so” before and is “so” today, it will be “so” in the future as
well—that is the main (formal, it is true) postulate of extra
polation. In cases where the researcher does not proceed from
the strict causal connection of the past and present with the
future, when he orientates himself (with “prognostic grounds”
for so doing) on marked changes in the tendencies of
past and present in the future, extrapolation cannot serve
him as a forecasting method.
E x tra p o la tio n m e th o d s are, m a in ly , q u a n tita tiv e m eth o d s.
E x tra p o la tio n is so m etim es defined as th e m e n ta l ex ten sio n (con
tin u a tio n in to th e fu tu re ) of c e r ta in te n d en c ies and la w s of th is
o r th a t phenom enon o r process. In s ta tis tic a l te rm s e x tra p o la tio n
is d e te rm in in g th e unknow n le v e ls (indices) of a d y n a m ic series
th a t lie beyond its lim its , i.e ., e ith e r fu tu re lev els, or lev els
preced in g th e in itia l one. In m a th e m a tic a l te rm s e x tra p o la tio n
m eans ex te n d in g th e g iv en form of a fu n ctio n from th e d o m ain of
its defin itio n to p o in ts ly in g o u tsid e th is d o m a in . In c rim in o lo g ic al
fo recastin g , how ever, e x tra p o la tio n is u s u a lly done by e q u a lisin g
s ta tis tic a l (dynam ic) series. R esearchers proceed from th e a s
su m p tio n th a t th e se t of fa c to rs d e te rm in in g th e te n d en c y of a
d y n am ic series in th e p a st and p rese n t w ill on averag e re ta in its
force an d d irec tio n of ac tio n th ro u g h o u t th e fo recast period. T h is
ap p ro ach is successful if th e te n d en cies and law s of d ev elo p m en t
of crim e are sta b le .
188
The fact is that crime is not influenced spasmodically.
Not only the development of crime, but also the processes of
influencing this phenomenon are very inert. Of course, extra
polation methods do not take the modifying influence on
crime of various factors into account. But here the following
must be borne in mind. Firstly, the action of each factor
does not manifest itself immediately (the “delayed” action
of a factor does not influence extrapolation, because the
latter is used, as a rule, to compile short-term criminological
forecasts). Secondly, the continuous nature of the forecasting
process makes it possible to adjust earlier forecasts.
Extrapolation methods are an effective means of organising
the “mass production” of short-term criminological forecasts.
Although a forecast based on extrapolation is an individual
case, a “passive” form of forecasting, it is useful for practical
work. The simple extrapolation, which is often used by the
crime-control bodies, does not imply taking the causes
(and factors) of crime into account. However for short-term
forecasting the assumption that these causes and factors will
remain unchanged (or nearly unchanged) throughout the
forecast period is usually sufficient. All extrapolation pre
supposes the existence of a certain order in the changes that
are gradually increasing in a certain direction. These changes
take place relatively slowly in the tendencies and laws of
crime. Therefore in compiling criminological forecasts for
a short period one can assume that errors of extrapolation
will be insignificant. With an increase in the forecast period,
however, the number of extrapolation errors increases and
the accuracy of forecasts drops. But even in short-term
forecasting it must be remembered that the use in crimino
logical forecasting of extrapolation divorced from other meth
ods cannot produce a positive result.
Modelling. The method of mathematical modelling has
been developed and applied to some extent in Soviet criminol
ogy, making it possible to introduce the methods of quanti
tative analysis and calculation into criminological research.
Criminological models that have been correctly constructed
and tested on objective empirical material make it possible
to characterise unambiguously the influence of various social
and demographic factors on the dynamics and state of crime.
Modelling is becoming an everyday instrument in criminol
ogy, enabling one to work out scientific principles (includ
ing forecasts) for direction of the processes of crime control.
189
In modelling, the subjects of forecasting proceed from the
general laws of development of the phenomenon in question
and aim at detecting the most important problems of future
development and the main ways and sequence of solving
them. In modelling we find causal dependencies, the inter
connections of the individual and the general, and make
use of the general methods and instruments of logic—analy
sis, synthesis, induction, deduction, inference, etc. More
over, modelling is used for imitating real processes; it also
enables one to reflect quantitatively the interconnection of
a series of factors revealed by qualitative analysis and to use
the results of relatively autonomous forecasts. The advan
tage of modelling is that it enables one to abstract those qual
ities of the forecast object which are inessential in a par
ticular respect. In other words, modelling makes it possible
to single out certain qualities for study in their “pure form”,
which greatly facilitates the tasks of scientific forecasting,
insofar as a complex phenomenon is often inaccessible to
direct analysis. However, the advantage of m odelling-
singling out of certain qualities in “pure form’7—becomes
a disadvantage if modelling is regarded as a universal means
of forecasting and research in general. This method, like
other forecasting methods, must be combined with other
research devices.
A model is an organic component of every forecast. Any
forecast begins with the mental projection of a phenomenon
into the future and ends with the reproduction of the phenom
enon in a more or less simplified form as a model, insofar
as the phenomenon does not yet exist in reality. In other
words, as already noted, essentially any forecast always
begins with extrapolation (in the broad sense) and always
ends with a prognostic model. In the broad sense the model
is a simplified form (scheme, description) of a phenomenon
or process. Models are usually constructed proceeding from
the needs of this or that branch of knowledge, the modelled
phenomena being divided into social, psychological, bio
logical, etc. In this connection, in our view, we can also
speak of criminological models, in particular, those of
a prognostic nature.
A criminologic-prognostic model should reflect the real
process of the “development” of crime. This can be achieved
if the following conditions are observed. Firstly, differen
tiation of the model in accordance with the objects of the
190
forecasting; for each of the trends (primary and recidivist
crime, juvenile delinquency, etc.) there should be a special
method of analysis and forecasting and a specific model. The
qualities of each model must be singled out and studied
carefully and the limits within which the model can suc
cessfully be used must be strictly defined. Secondly, alongside
the construction of individual models a system of models
must be created in a certain hierarchy. However, the con
struction of the whole must not destroy the specifics of its
parts; a certain autonomy of subsystems is assumed in the
system of forecasting models. Thirdly, forecasting methods
must be differentiated in accordance with the duration of
the forecast period.
The construction of criminological models is useful only
when it is based on a careful study of facts and reliable
theoretical hypotheses.
Expert estimates. The essence of the methods of expert esti
mates in relation to forecasting is that the forecast is based
on the specialists’ opinion, founded on their professional
theoretical and practical experience. These methods are
usually used when a problem has not been sufficiently studied
for all its constituent elements to be clearly seen or when
it is impossible to apply more rigorous methods. Essential
ly expert estimates applied in forecasting are informal
forecasts, but experience has shown that these forecasts are
also of high cognitive and practical value. The value of
expert estimates for forecasting is that in assessing an event
a highly qualified expert makes use not only of “official
information”, but also of the information contained in his
experience and intuition. In making an assessment concern
ing an important scientific (or practical) problem of the
future, a scientist must combine profound theoretical knowl
edge with intuition and a flexible imagination, for in fore
casting a great role is also played alongside logical categories
by purely psychological factors, such as intuition and cre
ative fantasy. In forecasting on the basis of expert estimates
it is essential to possess a rich imagination.
191
and modelling lies in the fact that the latter inevitably do not
take into account certain important factors that cannot be ex
pressed quantitatively. As a rule, calculations do not take into
account psychological factors, yet the analysis of the latter in
forecasting is extremely important. We cannot do without in
tuition, fantasy and imagination here.
I9i
Stage five. A synthesis is made of all the prognostic con
clusions and a summary forecast is made.
This procedure, given here in most general form, is
followed by the subjects of criminological forecasting.
The subjects of criminological forecasting are as follows:
crime-control bodies, research establishments engaged in the
study of crime, special laboratories at higher educational
establishments, research centres, etc. The subjects of fore
casting are responsible for the forecasts that they draw up
and present. Crime forecasts are always presented on behalf
of a concrete body (establishment), the forecasting subject.
Irrespective of the level on which the criminological forecast
ing is done, its object is always crime, types of crime, or
the behaviour of individual persons (in individual forecast
ing).
The content and form of a forecast
m
is that it reveals the future as objectively determined by
preceding development. Therefore the criminological fore
cast shows future crime not as the subject of the forecasting
wishes to see it, but as it is actually expected to be. If it
is known that the course of events is taking an unfavourable
direction, the need to take measures that could change
it in the desired favourable direction is obvious. But even
if the forecast says that crime will drop appropriate inter
ference is necessary, for it is assumed that the forecasted
future will not come about without the action of the bodies
engaged in controlling this dangerous phenomenon.
Adjustment of forecasts. As a consequence of inevitable
errors in forecasting (so-called “prognostic noise”) the
accuracy of a forecast decreases, and sometimes with the
passage of time loses its practical value. The errors in
question are caused by many factors, but the main ones
are due to the fact that in real life new things are constantly
emerging (unexpected, chance occurrences). These factors
make it necessary to adjust the forecast. In this connection
we would note two points.
Firstly, the success of all activity based on a forecast
depends not only on the substantiation, authenticity and
accuracy of the prediction, but also on the ability of the
relevant bodies (establishments) to interpret it. At the
same time human initiative and creativity introduce new
elements into life which greatly influence the forecast.
Secondly, because forecasts assume the possibility of the
emergence of the new in the future, not only “chance occur
rences”, but also something more important may turn out
to be beyond the limits of the forecast. Even with the most
careful forecasting an important factor which was not of
particular significance during the process of forecasting, but
which became important subsequently, can remain outside
the sphere of the forecast. Therefore it is necessary to adjust
forecasts constantly.
The process of criminological forecasting, from the initial
prognostic actions to the insertion of the “final” essential
adjustment, is a kind of cycle of scientific cognition, and
absolute accuracy in any branch of cognition is a practical
impossibility. Crime forecasts can never 'be absolutely
accurate, but this does not exclude Ihe possibility of real
forecasting and the compilation of well-based forecasts.
In the forecasting of social phenomena and processes we
199
must not try to describe the future in detail as if we have
already seen it. We must try to discern the tendencies, laws,
directions and contours of that which is to come. Before
the emergence of an event in social life we cannot foresee
all its details. We must establish the so-called framework
of reality, the “limits of foresight". It is not only right, but
also essential to pose the question of these limits, for the
forecasting of social phenomena is always restricted by
a certain framework. In speaking of the role of criminologi
cal forecasting we must bear in mind that our knowledge
of crime is relative, incomplete. And the problem of the
accuracy of crime forecasts remains a very real one, of
course. But how can we characterise the concept of “accura
cy"? In criminological forecasting it is a relative one.
We can speak of the accuracy of crime forecasts in cases
when they coincide with a real event in time (in an interval
of time), when they give the most probable description of
situations, cover most of the parameters of the object in
question and characterise sufficiently fully the future of
the phenomenon, process or event.
The connection of the forecast with the plan
Planning is directly connected with the forecasting that
serves it. Forecasts do not take the place of the plan, but
precede its compilation, being a subsidiary means of plann
ing. Naturally forecasting cannot be reduced entirely to
“serving" the plan. It also covers the probable consequences
of the planfs implementation or non-implementation.
In other words, on the one hand, forecasting is a preliminary
stage in the compilation of a future plan. It should show
what must be planned and, in particular, substantiate the
new elements that will arise in the future. On the other
hand, the sphere of forecasting is a large one, and its object
is the detection and forecasting of objective processes that
embrace the phenomenon as a whole or its separate parts,
all the aspects taken together. A forecast may actively
affect not only planning, but also all the other functions
of control and control as a whole. Therefore we must not
see the relationship of forecasting and planning as counter-
posed, as alternative approaches to future problems of the
development of this or that social phenomenon. Forecasting
is not an alternative to planning, but its scientific substan-
200
tiation: a future plan based on a scientific forecast is far
more accurate and effective than a plan drawn up without
regard for a forecast. This is also true of the criminological
sphere of planning, of course.
Criminological forecasting is essential, first and foremost,
for scientific planning of crime control. But a forecast
is not a final recommendation or a choice for compiling
a plan; it is only a multi-variational picture of the future.
The inclusion of the data of a criminological forecast in
a plan, however, is a matter for the planning bodies. Obvious
ly, here the tasks of criminological forecasting and the
planning of crime control “merge”, but planning acquires
paramount importance. However, this too is thanks to
forecasting. A criminological forecast establishes what may
happen to crime in the future, what factors may promote
a drop (or a rise) in the number of crimes, whereas a plan
establishes what should be done in this connection and over
what period, w'hat funds, resources, methods and techniques
should be used, etc. In order to say what is the difference
between a plan and a forecast, in order to provide a correct
description of the connections between them, it is important,
first and foremost, to understand clearly what is the aim
of a plan and what is the aim of a forecast. Generally speak
ing a forecast determines what may happen and in what
conditions, wdiereas a plan outlines what should happen,
to what, and what must be done to ensure that it does hap
pen.
A plan is a set of aims and tasks for a certain period
which indicates the means of solving them, whereas a fore
cast shows how to find these means and define the tasks
themselves. The main thing in a forecast is that it reflects
the objective laws, the inner and outer connections of the
object forecast. The main thing in planning, however, is
that the subject of control influences both the environment
in which the object of forecasting finds itself, and the process
that takes place (from the criminological point of view the
processes of crime control). It is in criminological plans
that the main goals and tasks of crime control are recorded
and acquire the form of directives. A crime forecast enables
us to take a look into the future, to see the outlines of
“future” crime, whereas a plan of crime control enables
11s to give a certain part of the forecast directional form.
A forecast is not a directive, but a plan is.
CHAPTER VII
THE FORECASTING
OF INDIVIDUAL ANTI-SOCIAL BEHAVIOUR
206
iour from the point of view not only of the past and pres
ent, but also of the future. There are real possibilities for
constructing such a model.
A profound and thorough study must be made of the system of
factors of an individual's behaviour with special attention being
paid to his needs, his awareness of these needs in the form of
interests, aims, desires, aspirations, to motivation of his actions
(behaviour) and decision-making, to attitude as inner mobilisation,
readiness for action, and action itself. Guided influencing of these
behavioural factors is, in fact, the essence of personality control.
This control is based on the fact that a person's behaviour is the
result of a complex interaction of many circumstances, among
which an important role is played by personality itself. However,
as has already been noted, the moulding of personality, being an
individual process, is at the same time determined largely by
the contact of the individual in question with other people and
his assimilation of the products of their creativity. Consequently,
it is impossible to understand, by studying the individual alone,
what forms the basis of his way of thinking and actions, and,
thus, impossible to influence his behaviour in a purposeful way.
In individual forecasting this connection of types of behaviour
is taken into account. But attention is focused on the peculiarities
of the behaviour of a concrete person. This makes it easier to
solve the problem of individual forecasting and enables us to
forecast a person’s behaviour. Thus the object of control is also
made concrete.
210
2. APPLIED PROBLEMS OF FORECASTING INDIVIDUAL
ANTI SOCIAL BEHAVIOUR
222
Prevention is a special type of social practice that ensures
the transformation of social relations as a result of which
the conditions (causes, factors) which promote deviant
behaviour are eliminated or neutralised. It is aimed in
particular at the different objects of preventive action.
The actual process of transformation, action, is the practice
of social prevention. While possessing its own specific
features this process relates only to the sphere of social
relations that manifest themselves owing to the emergence
of various forms of deviant behaviour and the realisation
of measures to overcome (prevent) such behaviour. It is
this what distinguishes prevention from other types of
social practice.
The dialectical unity of preventive theory and practice.
Thus, we can speak of two aspects (types of activity) of
social prevention—the theoretical and the practical. How
ever, in singling out these aspects to facilitate theirconsid-
eration, we must know that taken together, they form
that which it is customary to call social prevention as
a whole. Here we must proceed from the following: theory
differs from practice because it is the spiritual, mental
reflection and reproduction of reality; at the same time
it is indissolubly linked with practice, which presents
knowledge with pressing tasks and demands their solution.
Therefore the practice of social prevention and its results
in generalised form are an organic element of the theory
in question. This is what characterises prevention from the
point of view of its unity.
224
complex system, the content of which is made up of many
different elements. These elements, which form blocs,
constitute corresponding trends of preventive activity.
They are usually divided into two main trends: moral
prevention and legal prevention. Their close interconnec
tion is evident.
Moral prevention is directed, on the one hand, against
those social phenomena that determine the violation of
the norms of communist morality. On the other hand,
this prevention acts as a means for the correct social orien
tation of members of society, a reliable moral compass and
stimulus of behaviour. The preventive function in the
activity of the various institutions working for the establish
ment of communist morality is realised by means of the
propaganda of moral principles and values that produce
a certain type of assessment of people and place the aspira
tions, motives and attitudes of each member of society
under the control of public morality. The main aims and
tasks of moral prevention are: to develop in members of
society the moral ability of self-regulation, the proper
assimilation of moral norms, and unswerving guidance by
these norms in their behavioural acts and actions. Moral
prevention is a condition of the successful prevention of
anti-social behaviour.
Legal prevention is directed toward the prevention of all
breaches of the law. This is what determines its social value.
Born of the need to control crime and enforce the law as
a whole, legal prevention plays an important role in the
life of society. Here we can speak not only of preventive,
but also of law-enforcement activity. Their content is the
detection and elimination of causes of offences, i.e., the
prevention of breaches of legal norms, the detection and
elimination of offences, and their control. Depending on
the type of offence against which the preventive measures
are directed, one can pinpoint the line of preventing civil,
administrative, financial-economic offences, etc. Criminal-
law (or criminal) prevention is a special type. This, in
fact, is the prevention of criminal behaviour.
The system of criminal-law prevention consists of the fol
lowing: prevention carried out within the framework of
criminal law, criminal-procedural prevention, criminalistic
prevention, corrective-labour prevention, etc. The main
element in this system is criminological prevention. All
U -01771 225
other preventive trends belonging to the so-called criminal
sphere, for example, “operative investigational prevention”,
are individual (special) types of preventive activity and,
as a rule, form part of the content of criminalistic, crimi
nal-procedural or corrective labour prevention.
A special feature of criminal-law prevention is that it
is aimed directly at preventing criminal behaviour, at
detecting and eliminating the causes and conditions of
such behaviour, the circumstances that arc conducive to it.
Such prevention is carried out in relation to persons who
have committed crimes or attempted to do so, persons
inclined to such acts by virtue of their anti-social behav
iour, and persons in need of correction and re-education
(convicted persons).Therefore elements of coercion predom
inate in measures of criminal-law prevention compared
with general social prevention. Hence also the scope of
this prevention: it is relatively limited, first and foremost,
by the applicability of the corresponding legal norms.
Criminological prevention is carried out in a specific and
relatively narrow sphere of social life—in the sphere of
crime control. But without entering the broad social sphere,
without manifesting its social essence, this prevention, like
all other types of criminal-law prevention, remains merely
form devoid of content. Criminological prevention, as
a component part of general social prevention, is organically
linked with moral and legal prevention. In other words,
it is linked with the various forms of deviant behaviour,
anti-social included. Therefore criminological prevention,
which belongs to the juridical sphere (for it is connected,
first and foremost, with offences, particularly crimes) and
is at the same time social in its content, belongs to the
sphere of economics, demography, psychology, pedagogics,
the sociology of work, the family, everyday life, the sphere
of such juridical sciences as civil and family law, civil
procedure, labour law, etc. Thus a ramified system of pre
vention with many aspects and levels is formed. But it is
a system of criminological prevention, and its specific
nature is determined by the specific object of its action—
crime. This prevention is aimed at combatting the sources
of the processes (phenomena, factors) that determine crime.
Hence its specific nature.
Thus, criminological prevention is a most active form
of social activity. This type of activity is characterised as
226
an integral process that goes on in social life. Criminological
prevention is rightly called the social prevention of anti
social (including criminal) behaviour.
Special prevention. As we have already seen, in its most
generalised form the prevention of offences (including
crimes) is ensured by the whole development of Soviet
society, its economy, ideology, culture, etc. However, an
essential component of this social process is specialised
activity for the prevention of anti-social (including crimi
nal) behaviour, namely, special prevention. This purposive
activity rests on the state bodies and public organisations
whose special function is the prevention of crimes and
other related offences. By special bodies we mean in this
case the agencies of the Ministry of the Interior, the Procu
rator’s Office, the justice, the courts and certain public
organisations (formations)—the voluntary people’s squads
for the protection of public order, prevention committees,
etc. Prevention at the special level covers measures directed-
ly aimed at preventing a crime. Such measures differ from
measures at the general social level by their special func
tion and purpose: the solving of preventive tasks constitutes
their whole content. It can be said that special prevention
is the concretisation of general social (including moral and
legal, of course) preventive measures. For its special imple
mentation special methods, devices and means are neces
sary. This is particularly true of the preventive activity
of the agencies of the Ministry of the Interior. It is activity
with a special purpose, if we might put it like that.
However special prevention is so called not only because
it is specially directed at achieving certain aims with the
help of methods characteristic of special bodies, but also
because it demands special and even professional knowledge.
This is connected with the training of personnel capable
of carrying out special prevention, the prevention of crim
inal (anti-social) behaviour.
There is a connection between the special and other types
(variants) of prevention. This is particularly true of crim
inal-law prevention. It can be successful only when spe
cial prevention “operates”, and, conversely, special pre
vention cannot be effective if there is no criminal-law
preventive action. This line of connection runs through
all the trends of preventive activity—from general social
to special prevention.
15 * 227
2. SO C IA L PREVENTION IN THE SYSTEM
OF MEASURES FOR CRIM E CONTROL
228
and of criminals, the investigation of crimes, the assign
ment of punishment and execution of sentences, procurator-
ial supervision of this activity, and law enforcement
in the sphere in question. Thus, here the prevention, deter
rence and suppression of crimes merge. But the main thing
is the detection and elimination (eradication) of the causes
and conditions of crime, the circumstances conducive
to the committing of crimes. Crime control is carried on
by the various measures for preventing thissocially danger
ous phenomenon. Here we find an intertwining of two
concepts—“crime prevention” and “crime control”. To our
mind, the latter is broader than the former. The content
of crime control includes all the relevant types of activity
without exception, including crime prevention. Crime
control may be interpreted as the corresponding policy.
The analysis and demarcation of certain important con
cepts is not only of theoretical, but also of practical signifi
cance. It is necessary, first and foremost, for the proper
organisation of crime control.
The concept of the control of offences is broader than that of
crime control. They are defined proceeding from the relationship
of the concepts “offences” and “crimes”. This also applies to the
concents “prevention of offences”, “deterrence” and “suppression”.
Usually the concepts “prevention of offences” and “prevention of
crimes” correspond to the concepts “prevention of anti-social
behaviour” ana “prevention of criminal behaviour”.
The terms “prevention” and “deterrence” of crime are
used as synonyms. However, it should be borne in mind
that crime control is an activity that has many levels.
Therefore the equation of these terms obscures the full
complexity and specific nature of the different trends of
crime control, the essence of each trend.
Crime prevention. This concept may be interpreted in the
narrow (criminal-law) and in the broad (socio-political)
sense. Basically, by criminal-law prevention in the tradi
tional and narrow sense we mean the institution described
in the terms of the corresponding sciences, the demands of
which are put into effect mainly in the process of the assign
ment and execution of punishment. In general it can be
*aid that the idea of the prevention of crime runs through
the whole system of criminal-law institutions. However,
the practice of crime control in modern conditions shows
that in defining this concept it is essential to proceed from
?29
a broader standpoint—socio-political, economic, ideologi
cal, etc. Such an approach makes it possible to formulate
the concept of crime prevention in the broad sense, which
includes different (by no means relating only to the law)
measures by state bodies and public organisations, by
society. Here we are dealing with the prevention of crime
as a phenomenon.
In speaking of the content of the concept “crime preven-
tion” (in the broad sense), we would note that it denotes
the essentially objective process of the eradication of crime
as a socially dangerous phenomenon. The foundations of
this process lie in the profound socio-economic transforma
tions that have destroyed the exploitation of man by man,
class antagonisms, national inequality and enmity, and
established the principle of public ownership of the means
of production. This means the elimination of the basic
social cause of crime. As socialism develops, opportunities
are increasingly arising for abolishing the negative pheno
mena (sources, causes, conditions) that engender crime.
Today the content of crime prevention is a science-based
set of state and public measures of influencing negative
factors that promotes the eradication of this socially dan
gerous phenomenon. Here we are dealing with the preven
tion of crime as a phenomenon. Moreover account is taken
of the historical nature of the process of crime prevention,
its objective foundations and the role of the subjective
factor in accelerating this process. It is here that the special
feature of the concept under review manifests itself.
Briefly the concept “crime prevention” may be defined
as follows: it is a category denoting an historically developed
system of objective and subjective prerequisities for the
elimination of crime, and also a set of state and public
measures aimed at eradicating this phenomenon and the
causes and conditions that engender it. In this case crime
is regarded as a social phenomenon. Therefore crime pre
vention is a social process that reduces, limits and elimi
nates the phenomena that give rise to crime. In its most
general form crime prevention is ensured by the sum total
of measures aimed at developing and perfecting socialism.
Prevention of offences. The process of crime prevention
includes the most varying types of preventive activity.
One such type is the prevention of offences (crimes). The
prevention (and in the final analysis elimination) of crime
230
as a phenomenon always presupposes the effective preven
tion of offences. Here, however, we must define the concept
(prevention) both in the narrow and in the broad sense
of the word.
In the broad sense it is the prevention of concrete crimes,
the deterring of individual members of society from commit-
tingoffences, indictable unlawful acts of commission which
are crimes; it is activity aimed at preventing breaches of
norms of law, in particular, of criminal law (criminal
legislation). In this sense the content of prevention also
includes law-enforcement activity, i.e., the detection and
elimination of crimes. In the narrow sense prevention can
be understood as, firstly, the detection and elimination
of the causes of crimes (offences) and the conditions and
circumstances that promote their committing, and, second
ly, the detection of persons who are likely to commit a crime
(by virtue of their anti-social inclinations) and the applica
tion of the necessary measures to them. Together these
two concepts form the single content of the concept “preven
tion of crimes” or “prevention of offences”. We shall proceed
from this concept.
But what is the relationship of the concepts of crime pre
vention and prevention of offences? In what do they resem
ble and differ from each other? Whereas the concept of crime
prevention is used to denote both the objective prerequisites
for the eradication of this phenomenon and the subjective
factors of its control, the concept of the prevention of offen
ces expresses only a special activity. In all its fullness, how
ever, this activity is characterised as the conscious, pur
posive process of preventing all breaches of social norms
(including moral, legal, and criminal-law norms). This expla
ins why we speak of the social prevention of deviant (includ
ing amoral, illegal and criminal) behaviour. Thus, the
prevention of crime should be regarded, on the one hand,
in connection with the general process of eradicating the
phenomenon in question and, on the other, in connection
with the need to carry on preventive activity. An analysis
of its content enables us to regard the category of “social
prevention” as the most important component of the process
of crime prevention. The relationship of the concepts of
prevention of crimes (offences) and crime prevention may
be represented on the philosophical plane as the interconnec
tion of the part and the whole, the particular and the gene-
231
ral. The whole (general) is crime prevention, and the part
(particular) is prevention of crimes.
However, consideration* of these concepts at the level of
individual prevention ofrcrimes has its own special fea
tures. They are connected with the study of such definitions
(terms) as “deterrence” and “suppression”.
The deterrence and suppression of crimes. Prevention of
crimes at the individual level includes social prevention,
deterrence and suppression. In this sense the concept of pre
vention is a collective or complex one. The earliest stage of
preventive activity aimed at preventing a crime on the
part of a concrete person, individual, is social prevention.
When it is not sufficiently effective the need arises to deter
or suppress the crime.H owever the concepts of deterrence
and suppression, from the point of view of individual crime
prevention, often appear to be identical, although they
have different nuances. We must now examine
them.
As we know, however quickly a crime may be committed,
it is never a single act in time, but is a complex system of
acts and actions by the guilty person both before, during
and after the crime. To these acts and actions (and to the
actual crime itself) must be “added” the aims, motives,
intentions, etc. The crime “matures”, as it were, in the indi
vidual’s consciousness and behaviour. At the earliest stage
of “maturing” social prevention (educative, and perhaps
also coercive measures) is essential, and then (if these mea
sures do not yield results) when the idea of committing a cri
me appears (the decision and process of its taking), the centre
of gravity of preventive work shifts to deterrence. Individ
ual prevention should begin before a decision is taken and
be coordinated rather with the aims and motives of criminal
behaviour, with the beginning of the process of decision
making, than with the decision itself. At the same time, in
many cases the decision taken is not carried out immediate
ly, and so there are objective possibilities of influencing and
altering the decision, of changing the direction of the indi
vidual’s behaviour. And it is deterrence that promotes this.
Suppression is used, as a rule, when it is a question of stop
ping something that has already begun, for example, a
crime. Consequently, to suppress a crime is to exclude to
tally (by stopping an action that has started) the completion
of the event. The whole of this process (from social preven-
232
tion to suppression) is what constitutes individual crime
prevention.
Crime is sometimes of an impulsive (emotional) nature.
Its features arc the situational commission of the act, its
suddenness, and sometimes even an absence of obvious mo
tives. But even in such cases a crime is not always an in
stantaneous act. It is a very lengthy process if we are speak
ing of the possibilities of social prevention, deterrence and
suppression, i.e., prevention. Insofar as a crime is always a
process that develops in time, the main way of controlling
it is to intervene in the process in good time, not to allow
its development, to stop it. When we are successful in
doing this at the “necessary” stage, we save a person from
committing a crime. Life shows us that the “transition”
from non-criminal to criminal behaviour is a process in
which “crime factors” and “crime resistance factors” interact.
A kind of struggle takes place between criminal and non
criminal behaviour. This struggle (contradiction), at first
relatively moderate, becomes increasingly acute if it does
not experience the “influence” of deterrence and suppression.
Without deterrence and suppression this struggle between
the processes of “crime formation” and “crime resistance”
results in a criminal act, i.e., a criminally punishable deed.
One sometimes hears the view that the suppression of a
crime that has already begun does not in itself ensure pro
found preventive consequences, but that here the law-
enforcement bodies, when they begin to act, find the crimi
nal intent, the preparation, ready and, most importantly,
the matured readiness (intention) to commit the act. Howev
er this is not quite so. Firstly, the suppression of breaches-
of the law (including crimes, of course) at the outset or the
“matured readiness” to commit them is necessary, first and
foremost, to protect law and order, the interests of society,
citizens and organisations. Here, evidently, we must see the
preventive effect. Secondly, suppressing a crime certainly
does not mean belated work with a person in the sense that
we can now expect nothing good from him. To suppress a
crime in good time is to restrain a person (and perhaps also
other persons connected with him) from further criminal
behaviour.
To our mind, the deterrence and suppression of crimes is
the subject of operative investigational activity. It may
even be the main aim of such activity. Social preventive
233
activity is carried on together with deterrence and suppres
sion, promoting a solution of the tasks of preventing crimes.
This is special social prevention.
3. THE SPHERE OF SOCIAL PREVENTION
AND THE LIMITS OF ITS FUNCTIONING
235
The place of social prevention in the system
of social development
The science, theory and practice of social development
shows convincingly that the problem of social prevention
cannot be solved in isolation from the system of social rela
tions, from the society in which a person lives and according
to the laws of which his principles of activity are formed.
It is particularly important to bear this in mind today,
when social life is becoming more dynamic and social connec
tions and relations are differentiated, which naturally
leads to changes both in the objects of prevention and its
methods. Today social prevention is increasingly acquiring
the quality of a general social regulator of social relations.
This tendency is connected with the steady democratisation
of social life and the growing proportion of decisions taken
consciously by people on the basis of correctly understood
public and private interests. However, one frequently finds
contradictions between people, between the individual and
society, which are opposed to social development. It is im
possible to overcome them without social prevention. Thus,
they are a special object of its action, an object which
undoubtedly forms part of the system of social development.
As already noted, the process of social development inevi-
iably contains certain contradictions. The consequences of
tome of them may turn out to be undesirable for society and
sn turn lead to results which are a breach of social, moral
and legal norms, and the norms of criminal law. It is pre
cisely this type of problem that should be thoroughly ana
lysed from the standpoint of social prevention. We are
dealing with the prevention of undesirable consequences
engendered by the contradictory and complex nature of
social development. This also shows that social prevention
should be considered in the system of social development.
It appears as a special form of regulating social relations.
In the carrying out of prevention the people who exert the
preventive action and those who receive it inevitably enter into
all sorts of social relations: economic, political, ethical, moral,
legal, socio-psychological, etc. Their mutual relations are influ
enced by the social system, the status of the subject and object of
prevention in society and their social (national, family, profes
sional, etc.) relations. These factors leave their mark on the
actual process of preventive activity. The subjects of prevention
pre interested not only in the object himself, but also in his socia
23(5
relations, his social conditions. In this case the aim and tasks of
prevention acquire a special quality—to study a person’s social
relations, not only the person himself and the act he has committed.
The object of prevention is studied, so to say, in the sum total of
the social conditions in their present state and historical develop
ment. The aim of prevention becomes the influencing of these
relations in the interests of making them more “healthy”. Therefore
we must take as the object of preventive action both the person
and his social relations. Deviant behaviour in this case will be
seen not only as an individual process, but also as a social phenom
enon which takes place within the system of social development.
It is impossible to exert a preventive influence on people without
changing their social conditions and if the influence of everyday
working and living conditions on their behaviour is ignored.
Consequently, without changing an individual’s social conditions
we cannot hope for success in preventive work. Even if there are
results at some stage of the preventive action, the person, after
returning to his usual, former conditions, will come “knocking
at our door” again. It is particularly important to bear this in
mind in individual preventive action.
238
Prevention as a form of resolving
the contradictions between the individual and society
1C —0 1 7 7 1 241
the Soviet state and society. Consequently it is they who
issue the social order for the carrying out of prevention.
Engendered by the needs of the state and society to eradi
cate offences, prevention plays an important role in ensuring
the people’s “social health**. Under socialism it is an objec
tive reality. And its social value is growing from year to
year.
252
Here we are talking mainly of the organisational structure
of the prevention system. But it is not just a matter of cor
rect structure. The system should constantly seek to adjust
its activity to new tasks that arise in the sphere of the pre
vention of deviant behaviour, in particular, in the sphere of
crime control.
2. THE MAIN TRENDS IN THE ACTIVITY
OF THE SUBJECTS OF SOCIAL PREVENTION
17* 250
already committed and bringing the guilty persons to res
ponsibility. A most important task of the Procurator’s
Office is to take measures well in advance to prevent
breaches of the law. All branches of procuratorial supervisi
on are supposed to carry out this task, to solve it in practice.
The Constitution of the USSR charges the Procurators
Office with supreme supervision of the strict observance of
laws by all ministries, departments and establishments
within their jurisdiction, by officials and all citizens. This
fact alone is of preventive importance. Moreover, the bodies
of the Procurators’ Office carry out preventive work (mainly
individual) in the process of investigating criminal cases.
The legal propaganda work that they do also serves the pur
poses of general prevention. But whatever preventive measu
res by the Procurator’s Office, their specific functions always
concern the exercise of procuratorial supervision.
The courts carry on the prevention of offences in close con
nection with their law-enforcement activity. The prevention
done by these bodies is determined by the special tasks and
functions of the courts as bodies that administer justice. As
laid down in the Fundamentals of Legislation on the Judi'
cial System of the USSR and the Union and Autonomous
Republics the court is obliged in all its activity to educate
the citizens in the spirit of strict and undeviating observan
ce of Soviet laws, and concern for socialist property, obser
vance of labour discipline, an honest attitude towards their
state and public duty, respect for the rights, honour and
dignity of citizens and for the rules of the socialist way of
life. The courts carry out this work in the form of both gene
ral and individual preventive measures. However, the forms
of preventive activity of the judicial bodies are various:
assizes; inviting members of the public to the hearing of
cases; individual work with participants in a court case;
riders; control of the implementing of judgements, sentences
and rulings; contributions of court workers to the press, ra
dio and television; assignment of punishment; conditional
release before the expiry of the term of punishment and re
lease before the expiry of the term; expunging of convictions,
etc. All this activity of the courts (like many other of their
measures) may be characterised to a certain extent as pre
ventive.
The bodies of justice effect the organisational supervision
of the courts and also perform supervisory and inspectorial
260
functions in relation to the courts and thus have the oppor
tunity to influence the quality of their work on the preven
tion of offences. The main trend in the preventive activity
of these bodies is legal propaganda closely linked with the
legal education of citizens. Among the bodies that form the
system of justice the Bar also carries on preventive work.
This concerns mainly aspects of prevention connected with
individual work with defendants. The bodies of justice also
give legal advice to citizens thus helping them to gain a bet
ter knowledge of the law and, therefore, better observe it.
Public organisations
The activity of the state in controlling offences coincides
completely with the interests of the broad mass of the work
ing people. Therefore the real participation of citizens in
the prevention of deviant behaviour and offences has expan
ded and grown more active in recent years. The correspon
ding public organisations are acquiring increasing weight.
Using their constitutional right to unite in public organisa
tions, citizens of the USSR are forming institutions that help
control and prevent offences. This enables them to perform
more fully such constitutional duties as, for example, being
uncompromising to anti-social acts and doing their utmost
to help maintain public order (Article 65 of the Constitution
of the USSR). However the participation of citizens in the
prevention of offences and other forms of deviant behaviour
should be seen not only as the performance by them of their
duties, but also as the exercise by them of their rights to ta
ke part in the management and administration of state and
public affairs. This combination of the rights and duties of
citizens of the USSR helps to enhance the role of public
organisations in the life of society and the growth of their
activity. It is one of the trends in the development of the
political system of socialism.
The public organisations contributing to the accomplish
ment of prevention tasks possess a considerable degree of
independence. The public takes part in carrying out pre
ventive measures both through state bodies and through their
own organisations. The preventive activity of these organi
sations is carried on on a nation-wide scale, regionally, at
individual enterprises and establishments, and in relation
261
to a concrete person or group of persons. Their representati
ves take part in the most varied preventive measures—
from individual to general prevention. The ratio and combi
nation of measures of public and state prevention is based
on the general principles of controlling offences; the legality
and scientific basis of state and public measures, and the
individualisation of these measures. It should be noted, ho
wever, that uniting the efforts of state bodies and public
organisations does not mean confusing their functions. This
unity is intended to solve the common tasks of crime control.
There are many different public organisations (formations)
that take part in the prevention of offences: voluntary peop
le’s squads to protect public order, comrades* courts, youth
teachers and instructors, public inspectors, individual and
collective patrons, etc. These institutions (organisations,
formations) operate in towns and districts, micro-districts,
and other population centres. In recent years such organisa
tions as prevention councils in work collectives and public
order-keeping points have been particularly developed.
Their main task is the prevention of anti-social behaviour
at workers* places of work and residence.
283
place of residence. The significance of this activity in the place
of residence is growing because the organisation of the working
people’s leisure (everyday life) is still a pressing problem. The
increase in the proportion of free time under socialism and the
emergence of a large number of family and other everyday prob
lems is confronting the bodies and organisations engaged in
prevention with a whole number of complex tasks. Therefore
life itself is demanding insistently that educative-prevention
work in the place of residence should be a natural continuation of
the work done by prevention councils in work collectives. This is
one aspect of the problem. The other is as follows: educative-
preventive work in the place of residence should be carried on
primarily among young people and juveniles. Careful attention
must also be paid to those who are not working or studying and
special measures must be applied to them. It is essential that
educative-preventive work in relation to such persons should be
the concern not only of jurists and teachers, but also of psycholo
gists, doctors and other specialists. It must not be forgotten that
persons who do not work or study are more often than not those
who commit offences.
Public order-keeping points carry on mainly individual
preventive work, although they also carry out general pre
ventive measures (lectures and talks, reports, meetings of
local residents in the micro-district to discuss the present
situation, the behaviour of individual offenders, etc.). For
the purposes of individual prevention concrete persons
leading an anti-social way of life are detected, individual
talks held with them and contact made with their place of
work or study for joint action on them, etc. The main thing
is work with each person and activity to eliminate the con
ditions that are conducive to his anti-social behaviour.
The work of the public order-keeping point is supervised
by a public council acting under the leadership of the Party
organisations of the micro-district’s enterprises or collec
tive farms (state farms).
Tutorship and patronage. These forms are an effective
means of individual preventive action, particularly on young
people and adolescents. They are becoming increasingly
widespread. What is their purpose? The general answer is as
follows: people whose behaviour runs counter to the require
ments of society are given tutors or patrons who influence
them and are responsible for this work. Tutorship and patro
nage are forms which combine methods of moral and labour
education, and methods of teaching professional mastery.
Tutorship is used particularly widely in the individual pre
vention of anti-social behaviour.
264
The activity of young people’s tutors has a beneficial effect
on preventive work. By passing on their experience to young
people, they teach them to respect the rules of the socialist
way of life, the laws of the Soviet state. Tutors are people
with great experience of life, leading workers, Communists.
The forms of tutorship, which are connected in particular
with individual prevention, are not fixed once and for all.
Life itself is constantly making it necessary to introduce
something new and more effective into this useful movement.
For example, in relation to persons whose behaviour at
tracts attention tutors make use of talks to explain the harm-
fulness of anti-social behaviour, control these persons at
work and in everyday life, and involve them in interesting,
entertaining, and educationally useful activities. Experi
ence shows that tutorship is of great use in the individual
prevention of anti-social behaviour.
Tutorship is one of the forms by which individual citizens
take part in the prevention of deviant behaviour. This
form of work with people is used particularly widely by
prevention councils in work collectives. In studying the
effectiveness of the work of tutors, councils strive to ensure
that young people requiring special attention should be
attached to the most experienced workers who enjoy prestige
in their collectives.
The activity of the subjects of prevention
as influencing objects of prevention
In the performance of their functions the subjects of
prevention influence the behaviour of the objects of preven
tive action and thus correct deviations from established
requirements, i.e., control and rectify this behaviour.
A close connection arises between them and the objects of
prevention, i.e., certain relations develop between the sub
jects and the objects. In other words, the stage of direct
“subject-object” contact marks the beginning of a series of
problems relating to the functioning of the prevention
system as a whole. Here we must start from the fact that
the system of prevention subjects is not an abstract schema.
It exists and operates in real life, but is felt, first and fore
most, by the object (systems of objects) of its action. Thi6
is the interaction, interrelation, of the subject of prevention
(system of subjects) and the object of prevention (system
265
of objects) the mechanism of which can be represented in
the most general form as the process of preventive action.
This concept must, however, be elucidated.
The concept and peculiarities of preventive action. Between
the subjects and objects of prevention there always exist
contradictions which are determined by the nature of their
relations, i.e., by their different types of “behaviour”—
some act, and others experience this action. Consequently,
prevention itself is defined as the action of the subject
on the object. This is a way of regulating the “social organ
ism”, the preventive influence on the sources, causes, con
ditions and circumstances of crime, the factors which form
the personality of the offender and, finally, on the individual
himself and his behaviour. In this “social organism” we
must single out the individual and behaviour. However,
let us say at once that the different lines of preventive work,
on the one hand, on causes, factors, conditions, etc., and
on the other, on the individual, complement each other
and to a considerable extent overlap. Therefore in such
cases we usually speak of preventive action on the individu
al. It is the personality of the offender (criminal) that is
the main object of preventive action.
This object is mainly marked by anti-social behaviour;
preventive action on such behaviour is therefore carried
out by using principles and norms, imperative (uncondition
al) demands, assessments, ideals, etc. The action is guiding,
mobilising, and socially integrating. Whether a person
accepts this action or not depends on his personal qualities
and many other factors. However, in any case preventive
action must be comprehensive. It is essential to take into
consideration here not only the personality of the offender
(as a specified object), but also its surroundings (micro
environment). This makes it possible to treat the concept
of the object of action more broadly.
Preventive action is a special form of social regulation.
In general this action is the prime and invariable feature of
the corresponding administration or control. Thus, we can
talk of controlling (administrative) preventive action. Of
course, not all conscious action (organisation and regulation)
is scientific administration. Only action (conscious, expe
dient, intensive and purposive) which is carried out on
the basis of authentic information about the object and
the conditions of its functioning corresponds to the real
266
possibilities of the activity of the subject. Thus*, bearing
all this in mind, one can see preventive action as a partic
ular case of administrative (or controlling) action. Although
it has specific features, it is subject to the general prin
ciples of scientific administration.
3. THE OBJECTS OF SOCIAL PREVENTION
AND THEIR GENERAL CHARACTERISTICS
Recidivist crimes
By virtue of the very nature of this category of crimes
the subjective conditions (mainly the personality of the
recidivist) come to the fore. Here we are dealing with crim
inals who have strikingly negative personality features.
The problem of recidivist crime is primarily the problem
of the personality of a special category of criminals. All
things being equal, recidivist crimes represent a heightened
social danger. Therefore in preventing these crimes features
must be sought that distinguish recidivists from first offend
ers. Such features include: the persistent anti-social (crim
inal) disposition of recidivists; systematic committing
of crimes (primarily violent crimes against property and
persons); a striving to form particularly stable forms of
complicity; a tendency to involve new persons, particularly
18 * 275
minors* in criminal activity, etc. These features should
determine, first and foremost, the trend of prevention for
the repeated commission of crimes. An important role here
should be played by individual prevention.
A recidivist crime is the commission by a person of a new
crime, a crime which follows conviction for an earlier one. A
recidivist is a person who has committed a repeated crime. Re
cidivist crimes are divided as follows: general recidivist (the com
mission of a second crime unlike the first, for example, a murder
is committed after a conviction for hooliganism); special recidivist
(the commission of new homogeneous crim e-a new theft is
committed after a conviction for theft); single recidivist (the
crime committed again is the second one); multiple recidivist
(the committing of three and more crimes). Especially dangerous
recidivists (persons who have been recognised as such by a court,
and not recidivists in general) form a special group. There are
also other groups: recidivist minor crimes, recidivist grave crimes,
etc. But all this is mainly a ciminal law assessment of recidivist
crime. Criminologists sometimes (for convenience of studying the
personality of the criminal) regard as recidivist crimes those
which have been preceded by other crimes although the person
was not punished for committing them (because the crimes were
not detected, the criminal was not arrested, etc.). Criminologists
take this recidivist crime into account for the carrying out of
prevention work in relation to this category of persons.
The existence of recidivist crime is conditioned by definite
causes and conditions. These are, firstly, the causes and
conditions characteristic of crime in general; secondly,
causes, conditions and circumstances that influence the
repeated commission of a crime. There are no special, spe
cific causes of recidivist crime. But this is not the case
with a number of conditions that are conducive to the
repeated commission of crimes. A system of anti-social
views is formed in recidivists under the influence of two
groups of conditions: subjective and objective. The con
ditions of the first group relate to the characteristics of the
personality of the recidivist, and those of the second embrace
a broad range of different circumstances of an organisational,
educative, legal nature, etc. The conditions of the first
group are the main ones. In the event of repeated commission
we are perfectly justified in saying that there is a stronger,
essential link between the crime and the personality of the
criminal. From this it follows that the recidivist criminal
not only commits a crime under the influence of objective
conditions, but that the anti-social disposition of his per
sonality creates the objective prerequisites for the corn-
276
nutting of crimes. Consequently, in relation to a recidivist
a profound analysis of his personality and his whole life
is of prime importance, insofar as subjective conditions
predominate in this category of criminals. These factors
must be taken into consideration in preventive action on
a recidivist.
Criminalists are often interested in the results of applying
preventive measures to recidivists, and in the influence of pre
vention in general on the further state of recidivist crime. Of
course, the results of these measures (as of the prevention itself)
which are used in controlling recidivist crime can be basically
determined by the level of recidivist crime. The fact of repeated
commission shows that evidently the measures taken are not
having the desired effect. However, in itself repeated commission
does not give us grounds for concluding this. We can ask another,
at first glance paradoxical, question: is it good or bad when recid
ivist crimes occupy a very significant place in the structure of
crime? There can be no simple answer to this, of course. But given
that the state of crime is stable, and particularly when its level
is dropping, an increase in recidivist crimes would mean that
fewer and fewer new people are being drawn into criminal activ
ity. And the problem of controlling crime would gradually be
reduced to the prevention of recidivist crime.
The prevention of recidivist crimes forms part of the
general preventive measures. Naturally it has its own char
acteristic features. These are connected mainly (apart
from consideration of the recidivist’s personal qualities)
with the questions of reinforcing the results of the correction
and re-education of convicted persons, social adaptation,
continuity and inner action between the bodies carrying
out punishment and prevention, job placing, and creation
of a healthy micro-environment. Administrative supervision
is of special importance for the prevention of recidivist crime.
Juvenile delinquency
The prevention of juvenile delinquency is based on the
same principles as the prevention of offences in general.
However, as in all cases when it is a question of separate
types of crime, and categories and groups of crimes, account
is taken of the specific nature of the juvenile offences and
consequently of the features of the personality of the crim
inal. An important role is played here by an analysis of
the moral and psychological characteristics of such persons,
their general educational, cultural and ethical level, etc.
In this type of prevention it is essential to discover and
277
study the causes of juvenile delinquency: negative influence
in the family; unfavourable everyday surroundings (micro
environment), connections and contacts; evasion of socially
useful work or study; lack of parental supervision; instiga
tion on the part of adults leading an anti-social way of life
and abusing alcohol; defects in schooling; defects in the
organisation of cultural leisure; a weakening in social con
trol both at home and at work or study, etc. In order to
eliminate these and many other causes an integral system
of prevention of juvenile deviant behaviour is needed.
Early prevention should play a special role.
In analysing the problem of prevention of juvenile offences
a separate study is usually made of juveniles in the 10 to
14 (16) age group and young people from 18 to 25. Juveniles
(from 14 or 16 to 17 inclusively) and groups of young people
have a great deal in common from the socio-psychological
point of view. Nevertheless for the purpose of differentiating
preventive measures we cannot confine ourselves to age
characteristics alone. Each of these groups usually includes:
pupils of secondary schools and vocational schools, students,
and workers and other employees. Special attention is paid
to those who are neither working nor studying and are lead
ing an anti-social way of life. In the majority of cases these
persons, particularly adolescents and juveniles, commit
offences in small groups, and this circumstance should be
taken into account in preventive work. The main measures
of preventive action on juveniles should be methods of
persuasion.
Group crimes
In defining this object of preventive action the question
usually arises as to wrhat constitutes a group: two persons,
three, four, etc. Criminal law has solved this problem sim
ply: a crime which is committed by two or more persons is
a group crime. Naturally criminology cannot ignore this
solution of the question, but at the same time it cannot
help orientating itself towards sociology and social psy
chology. The latter two make broad use of the terms “group”
and ’'social group”. They are closely connected with such
sociological concepts as “class” and “stratum”, but not
identical to them, and have their own special features. For
criminology the socio-psychological concepts of the group
are the closest. However, here too certain questions arise
278
of a qualitative rather than a quantitative nature. They must
not be overlooked, or the specific nature of the criminological
concept of the group will be lost and, consequently, its
assessment from the viewpoint of the prevention of group
offences. In this case prevention should be aimed at the
object of its action, the group in the criminological sense
of the word. Therefore we must first analyse this concept.
People's objective need for cooperation, and also the need for
communication, leads logically to the formation of special human
associations, social groups. The whole life of mankind can be
seen as the life of groups with their internal connections, relations,
subordination, expectations and the social roles prescribed for
each of their members. From the viewpoint of social psychology
there are the following groups: real (based on the objective process
of activity exchange), small (usually made up of a few dozen
people), large (so large that its members may not have any direct
contact with one another and may not even know one another),
temporary, permanent, organisationally formed (or “formal”)
and organisationally unformed (or “informal”). Tnere are also
such types of groups as primary and secondary.
Criminology is interested, first and foremost, in primary social
groups (a special variety of small groups). From the point of
view of quantity they consifct of two to ten persons. From tne point
of view of quality tne connection here rests not only on personal
contacts, hut also on the emotional involvement of the group’s
members in its affairs. Usually these are groups of children or
adolescents of the same age. Sometimes such groups are charac
teristic of adults also, when all the group members have the same
aim (for the attainment of which the group has been formed).
These groups, assessed from the criminological viewpoint, are
informal and, as a rule, short-lived. They are of interest from the
viewpoint of the preventive action on them.
We can speak of the criminological concept of the small
group. It has a number of features: the group may act as
the subject of certain behaviour (we are referring to the
anti-social, criminal behaviour of the group); here individual
actions assume a group nature (in such cases we usually
say that what is impossible for a single person becomes
possible for two or more persons); this group is not a simple
sum of individuals, but their actions are the actions of
group (the solidarity and emotional involvement of each
individual in the affairs of the group). Concerted action is
characteristic of such a group. No group action may be called
a group one if the acts of the members of the group are not
concerted, based on a unity of aims and community of
interests. It is the behaviour of individuals, i.e., the behav
iour of the group as a whole. In the prevention of group
279
crimes we should proceed, first and foremost, from this
behaviour of the group. The point at issue should be the
prevention of criminal group behaviour.
Let us give another explanation. Take, say, the number of
crimes (for example, flat burglaries) committed by young people
over a certain period in a certain area. Is this an object for the
analysis of crimes committed by a certain group of persons? No,
because these juveniles are a group only in the statistical sense.
They do (did) not associate with one another, are not an entity,
but arrived at the same act as a result of more or less the same
reasons, conditions and circumstances. Here the question does not
even arise directly as to whether these juveniles necessarily as
sociated with one another and what effect their association had
on their behaviour. We are faced simply with parallel unitary
series, although there is a “general] result'*. In the same way, a
general result, the concerted joint action of many individuals,
does not necessarily create a group and group behaviour. For
example, a crowd of people disturbs public order. Here we have
the sum of the actions of individual persons in a single happening
which is designated as the realisation of a single concept. This
“unified result” should not be identified with “unified group
behaviour”. Finally a third example. People who are not connected
with one another directly, but acknowledge their membership of
a “caste” or a definite, “special” category of persons. They all
have the same “mood”. This is conveyed from one to the other
of them by word of mouth, by correspondence, personal acquain
tance, etc. Frequently such people find one another quickly and
sometimes support one another. This is usually characteristic of
persons who engage in profiteering, drug addiction, drunkenness,
prostitution, etc. Can they be called a group? No, of course not.
Even such a phenomenon as personal acquaintanceship (a kind
of “small abstract group”) of directly interacting people cannot be
called a group in the sense in which we are considering it.
To our mind all these questions must be studied and borne
in mind in defining the criminological concept of the group
and in carrying out prevention. It is particularly important
to remember that in acting on a group as a whole it is best
to exert a personal influence on each of its members. Nor
should it be forgotten that the group has organisers, execu
tors, passive and active members and, finally, a leader.
There is even the “active core” of the group. Whereas for
one person being in a group with an anti-social tendency
may be a random occurrence, for another this group is
decisive in the formation of his criminal behaviour. In the
prevention of group crimes we must also take into account
that the group ensures the coordination of the actions of
its members, and this leads to an appearance of group sol-
280
idarity. The group has its own models of behaviour, the
following of which by group members leads to approval,
and the violation to censure. The destruction of these
models is one of the main tasks of prevention. But it is the
detection of groups with an anti-social disposition that
is of greatest importance for the prevention of group crimes.
This should be carried out both at the place of work (or
study) and at the place of residence. Group crimes are more
often than not typical of juveniles.
Crimes committed by women
Consideration of the special features of these crimes
(female crime) and the persons who commit them is of great
importance for prevention. Here, naturally, there can be
no “equality” between men and women, although their
ratio in the general structure of the population is about
equal. We must take into account not only the actual crimes
and the persons who commit them (female criminals) but
also the psychology of women in general. This is taken
into account in all spheres of social life, including the pre
vention of criminal (and anti-social in general) behaviour.
Crimes are always divided into male and female (partic
ularly in age groups) in unchanging proportions. The crim
inal activity of men as a whole is six times that of women.
Sometimes this is explained by the fact that the behaviour
of women is conditioned by a structure of behaviour that
has developed historically and exists in our society, by
the nature of their social roles and the functions that society
places upon women.
For prevention it is necessary to know also that the pro
portion of female crime in the structure of crime as a whole
varies sharply in the USSR, depending on the nature of
the crime: of those convicted for violent crimes and for
crimes against public order women account for 7 per cent
on average, and for malfeasance in office 40 per cent. Women
commit a lower percentage of crimes than men: 2 per cent
of banditry with intent to seize personal property; 2.7 per
cent of robbery of personal property; 3.3 per cent of pre
meditated grievous bodily injury, 9 per cent of premeditated
murder, and 20 per cent of theft of personal property. At
the same time women account for 25 per cent of those con
victed for theft of socialist property, about 60 per cent of
281
those convicted for profiteering, and about 70 per cent of
those convicted for fraud of purchasers. The committing
of certain crimes (for example, fraud of purchasers) by
women is largely due to the fact that it is usually women,
not men, who work in the sphere (as shop assistants, for
example) where such crimes can be committed. To a certain
extent this is true of profiteering as well. Here special con
sideration should be given to the involvement of women by
men in the committing of such a type of crime. Murder,
theft and robbery, hooliganism, grievous bodily injury, etc.
are a different matter. Although the proportion of these
crimes committed by women is insignificant, they attract
special attention. Consequently, such crimes committed
by women should be a special object of preventive action.
In carrying out prevention in relation to women it must
be borne in mind that they commit crimes more often than
not as a result of immoral behaviour, drunkenness and
prostitution, jealousy, revenge, etc. They frequently com
mit various offences, including crimes, in connection with
family and other everyday problems, unsettled private
life, and family squabbles. Here prevention at the place
of residence is particularly important. It should be remem
bered that women, more than men, harbour criminals, stolen
goods, etc., in their homes. The anti-social behaviour of
women has a most pernicious effect on juveniles.
288
and maturity, in the process of the development of the personality.
We know, for example, that at an early age a child objectively
“joins” the system of social relations in the forms of social activity
accessible to it. In contact with people (adults and children of
its own age) it acquires (and exchanges) all sorts of information
and experiences different types of action and influence. It is
during this process that the personality is formed, the person
acquires his own experience of activity and communication, and
takes over social values and norms. However, this process is
frequently a contradictory one, for positive and negative influences
clash in it. Therefore the personality does not always receive the
necessary orientation in life and activity, in behaviour. Mean
while this process of the formation of tne personality requires
a strict system of consistent measures that influence the person
from the very beginning—literally from nursery school throughout
his whole active life. It is essential to educate people from child
hood, to teach each one the norms and rules of behaviour. A well
brought-up person not only knows his rights and obligations well,
but also observes them. He is conscious and disciplined, full of
initiative and responsible. The most significant cause of anti
social behaviour is lack of education. Consequently, early pre
vention of this behaviour means bringing to bear various influences
on people from the angle of pedagogics. For it is as a result of
defects in education that the state of pedagogical neglect develops.
And it forms the ground on which negative (including crimino
genic) factors sprout and anti-social attitudes and negative ten
dencies in a person’s behaviour develop. Hence the important
conclusion that the prevention of anti-social behaviour should
begin at the early stages of the emergence of difficulties in educat
ing children and the pedagogical neglect of both juveniles and
adults.
The early prevention of anti-social behaviour is becom
ing particuarly important in modern conditions. This
explains why such prevention has become one of the main
trends of preventive activity as a whole. Early prevention
“holds” people’s way of life within the framework of uni
versally accepted norms and does not allow it to “grow”
over into an anti-social way of life.
Types of prevention
There are two accepted forms of the prevention of offences:
general and individual. However, apart from these there
are other forms: prevention in relation to individual social
groups, so-called victimological prevention, self-prevention,
as has already been mentioned, and special prevention (both
general and individual) which is carried out by specialised
bodies and organisations with the help of special means
and methods. Let us examine some of these types.
1 9 -0 1 7 7 1 289
iBy general prevention we mean activity that ensures the
normal (law-abiding) behaviour of citizens. It is a restrain-
ing influence on members of society, based on social norml
(including legal ones) and carried out by the corresponding
state bodies and public organisations. Members of society
are informed of the rules (norms) of behaviour and it is
stressed, in particular, that anti-social behaviour is punish
able. In other words, the whole population is sent “signals”
about how they can and should behave and how they should
not behave. The effect of general prevention is ensured
insofar as general prevention measures restrain citizens
from undesirable actions (acts) which they might otherwise
have committed. The attitude of people to different types
of behaviour depends largely on the influence exerted on
them by society.
The general prevention of offences is carried out within
the framework of society as a whole. An advantage of social
ist society is that general prevention of offences is carried
put here in the economic and cultural construction, in the
rational organisation of labour, leisure, everyday life,
education, etc., i.e., in all spheres of life. General prevention
is promoted by the moral and political atmosphere that
prevails in the country. The prerequsites for the success
of general preventive work, the real possibility of its being
carried out, lie in the very nature of Soviet society. The
general prevention of offences includes forms of activity
aimed at management of social processes that excludes pos
sibility of the emergence of the prerequisities for anti-social
behaviour. Its essence lies in the fact that the carrying out
of general preventive measures is aimed at mobilising
members of society to combat those phenomena of social
reality which in certain conditions create the possibility
of individuals adopting anti-social standpoints. Moreover
general prevention has a varied influence on the choice of
behaviour variants acceptable to society. Thus it also serves
the interests of all the working people, each person.
The main tasks at this level are activisation of all means of
educational-preventive work, turning of the social and moral
norms of society into the decisive and daily norms of people's
activity. A great role in tackling these tasks is played by the
moral education of members of society, and the propagating of
legal knowledge among the population. It is important that this
knowledge should receive a social assessment and be disseminated
at the level at which it can have a positive practical influence on
290
public order. The mass media can be of special assistance in this
matter. Their role in general prevention is an important one.
From general to individual prevention. This transition is
a move in the direction of the concrete, insofar as it is not
general, but individual prevention that is connected with
a concrete person. For the so-called personal level is charac
terised by special qualities conditioned by the specific work
with each concrete person. All the practical conclusions and
deductions concerning personality behaviour are concentrat
ed at this level. However, no matter how much general
and individual prevention differ in quality, there is always
an inner connection between them and the presence of this
connection is stressed most strongly within the framework
of the personal approach. Nevertheless, the measures neces
sary for general prevention are frequently of no use in
individual preventive action. They are broader and less
concrete, whereas individual prevention is always com
pletely concrete.
Individual prevention is intended, first and foremost, for
concrete work with each individual person. It is used when
the behaviour of an individual testifies to the real possibility
of his adopting anti-social positions. Individual preventive
measures ensure the necessary action, on the one hand, on
the individual himself, and on the other, on the conditions
of his immediate environment. The main elements of the
system of individual prevention are: firstly, a careful study
of persons leading an anti-social way of life in order to
detect those in relation to whom individual action would
be particularly useful and expedient; secondly, determining
the main measures and steps, with the help of which it
might be possible to exert the necessary action in practice;
thirdly, working out rational methods of organisation,
control and determination of the effect of individual pre
ventive action. The object of such action is usually con
sidered to be the personality of the offender—the concretised
object itself of the prevention of anti-social behaviour.
It is necessary to extend the sphere of individual pre
vention. It must be the nucleus of the whole system of
prevention of offences. For essentially individual prevention
is the sum of measures of persuasion (education) and coercion
(punishment) applied to the bearers of anti-social tendencies
and orientations. And this is a special category of people
who stand in need of special action.
19 * 291
The aim of individual prevention is to change, alter
deviant behaviour with the aim of either suppressing the
anti-social behaviour of the individual or changing the
criminogenic tendency in the behaviour. Hence the main
tasks of this prevention are to discover the real laws of
deviant behaviour, to establish the mechanism of its forma
tion and change, to study the sources of negative influence
on the personality, and to examine the possibilities of creat
ing favourable circumstances for it so that no offences are
committed. It is equally important to establish control
of such persons’ behaviour and way of life, to check peri
odically the results of preventive measures carried out. The
tasks of individual prevention may be considered fulfilled
if the leading (generalising) elements of the system of self-
control of the personality have become the moral and legal
injunctions and imperatives of society.
Social control in the process
of carrying out prevention
We can talk of control in the various spheres of state and
social life: for example, control in the sphere of financial
activity, in procuratorial supervision, etc. In Party work
we speak of control over the implementation of decisions.
All these are varieties of social control. For criminological
science the concept “social control” has a methodological
meaning. This concept enables us to discover the historical
conditionality of those control functions of the state and
society that have a direct influence on the process of crime
control. It is of special significance for the prevention of
anti-social behaviour. Hence the need for intensive use
of the means and methods of social control over the observ
ance of norms of behaviour in socialist society. However,
the prevention of anti-social behaviour does not simply
make use of social control which, in the interests of society,
is present in all spheres of state and public life. In the pro
cess of preventive activity a special control takes shape which
has a very clearly defined direction. It is the preventive
function of social control that “operates” here.
By social control we usually have in mind the self-regulation
of the social system that ensures the orderly interaction of its
constituent elements by means of normative (including legal)
regulation. Social control is an element of a broader system of
society's regulatory actions on the behaviour of individuals.
292
A distinguishing feature of this action is the orderly, formalised,
categorical demands made on the individual, their normative
nature, their provision with sanctions (both formal and informal).
The system of social control invariably makes use of social norms
which are reflected in ideology, philosophico-ethical views, etc.
The relationship which exists within the framework of the mecha
nism of social control between society and the individual is not the
“direct1*relationship of the subject and the object. In other words,
social control is not merely the “action” of society on the individ
ual. A certain interconnection exists here: society creates the
individual, but the individual also creates society, consequently,
society “controls” the individual, and the individual society.
However, the “action” of society on the individual is reinforced
by the realisation of the preventive function of social control.
In this case social control helps to enhance the social significance
of established rules of behaviour, the formation in the conscious
ness of citizens of the conviction that society and the state will
not tolerate violations of these rules. And this is what determines
the role of control in the prevention of anti-social behaviour.
In determining the main trends of social control in organ
ising the prevention of anti-social behaviour the following
should be borne in mind. Firstly, social control promotes
the regulation of social processes and the influencing of the
individual thanks to which the effectiveness of prevention
is raised and the behaviour of citizens brought into line
with the moral and legal principles, ideas, views, assess
ments and judgements prevalent in society. Secondly,
social control places people’s actions within definite regu
latory frameworks which correspond to the demands of
social discipline and rule out violations of moral and legal
imperatives or make such violations difficult. Thirdly,
social control is a form of drawing the broad mass of the
working people into the control of offences, into the preven
tive activity of state bodies and public organisations.
Fourthly, the development of social control is an essential
prerequisite and the most important factor for the further
improvement of state and public activity aimed at the pre
vention of offences. Moreover, social control as a means
of preventive action has strictly defined legal bases and its
own legal status. This type of control is used in both general
and individual prevention of anti-social behaviour.
The victimological aspect of prevention
It would be wrong lo regard prevention only in relation
to offenders, i.c., those who have committed a crime or are
capable of doing so. Prevention should also concern those
293
who have been the victims of crime. A victim, by virtue
of his special position and procedural rights, stands, as it
were, apart from the person who has committed the crime.
Is that so? From the criminological point of view the answer
is negative. In the sphere of crime prevention the level and
volume of results depend to a certain extent on the compre
hensive analysis of the role of the victim of crime in the
causal mechanism of individual criminal behaviour and
on consideration of this role in drafting and recommending
measures of preventive action. Here we can find considerable
reserves for strengthening preventive action in the sphere
of crime control.
Victimology, the science of crime victims, is closely
connected with the criminological theory of the prevention
of offences and with its practice. Victimological prevention
does not compete with traditional preventive activity, but,
possessing a certain independence, adds to and enriches it.
The emergence and existence of victimology is justified
precisely by the fact that it not only provides the factual
material necessary for crime control, but also enriches the
arsenal of preventive measures with new possibilities con
ditioned by a better knowledge of the defense resources
of victims, the circumstances under which they were harmed.
Consequently, it is necessary to change the view of preven
tion as work related only to offenders. We cannot ignore the
fact that the victimological aspect finds a place in all trends
of the prevention of criminal behaviour.
The victimological aspect of the prevention of offences
is connected primarily with the implementation of measures
to eliminate situations (circumstances) conducive to criminal
behaviour. Therefore in order to increase the effectiveness
of prevention maximum use must be made of all possibilities
(including victimological) and not only those connected
with a person who may be expected to commit a crime.
In this connection turning to the victim of a crime is a
preventive possibility as yet unused. This possibility may
be used in both general and individual prevention.
The main prospects of victimological prevention exist
in relation to the different types, categories and groups of
crimes. For example, in more than half the criminal cases
of rape the women themselves, the victims, had created
a situation conducive to the crime (visiting the fiat of a man
with whom they were only slightly acquainted, going off
with casual acquiantances to secluded spots, drinking in
company, etc.). Many road accidents are caused by the
victims themselves. This is also true of many other types
of crimes, even such ones as murder, grievous bodily injury,
theft and profiteering. Therefore victimological prevention
should be based on a corresponding classification. A differen
tiated approach is essential here.
Self-prevention
Self-prevention is a special type of social prevention of
anti-social behaviour. It is connected with such socio-
psychological phenomena as self-education, self-instruc
tion (and learning in general), self-consciousness and self-
assessment of the individual, and a person’s perception and
assessment of the social situation.
Self-assessment and assessment of situation are important
socio-psychological factors, the analysis of which makes
it possible to explain and largely predict the content and
direction of both individual and social actions. In turn the
formation of self-assessment and specific perception of a
social situation depends on the nature of the social assess
ments which, on the individual level, form the “individual
scale of values”, and on the level of the social group, the
“social scale of values”. Refracted through the prism of these
scales, social assessments produce corresponding individual
and social actions. In relation to the problem of self-pre
vention the individual scale of values acquires special sig
nificance. As we know in preventive activity the individual
is, as a rule, assigned the role of object of the action, and
the bodies and organisations (the subjects of prevention)
the role of the controlling and coercive force. This idea of
the mechanism of preventive action, to our mind, is one
sided. The role of the individual is ignored. Yet it is not
a passive, but an active force influencing the process of
preventive action.
In fact in the process of prevention there is a clash between
the individual (the object of the action) and the bodies and
organisations (the subjects of the action). Their interaction
is of a more complex nature than simply the influence of
subjects on objects. The fundamental specific feature of the
“functioning” of the object of prevention must not be over
looked. The relation which exists in the framework of the
mechanism of preventive action is not, therefore, only the
action of the subject on the object. The process of this action
is essentially the process of the interaction of subjects and
objects, and therefore it is right to include two types of
actions in its scheme: the action of the individual (controlled
behaviour) and the action of the bodies and organisations
(controlling activity). What is more the mechanism of self
regulation of individual behaviour does not lie outside pre
vention. The individual is included in the process of preven
tive action. He ttekes a direct part in this process, actually
promoting (by his actions) its successful carrying out. We
must simply ensure that the individual is interested in the
positive outcome of the prevention. This is a special trend
of individual prevention.
Self-prevention is the action of the individual on himself.
It is characteristic of all people that they try not only to under
stand themselves, but also to influence themselves. Tne greatest
victory is the victory over yourself, as the saying goes. This is
why the individual under preventive care must be taught methods
of self-education, shown the enormous possibilities of self-for
mation, self-prevention. We must not see prevention as a stream
flowing in a single direction. Prevention is also self-prevention,
self-education. The personality in the broad sense of the word
begins where a person starts taking an interest in self-knowledge,
self-education and control of his own acts, where the need to
observe the simple, basic rules of human communication becomes
a habit. This means, first and foremost, developing in each person
the ability for independent interpretation of his own actions, for
the self-regulation, control of nis behaviour. All controlling
action (preventive action included) presupposes that the controlled
subsystem has its own interests and aims, in accordance with
which it constructs its own behaviour. Consequently, the more
successfully the control tasks in the sphere of prevention will be
solved, the closer the aims of the controlling and controlled
subsystems are. However it is necessary to ensure (particularly
in the sphere of prevention) that the controlled subsystem itself
strives for the interests and aims set by the controlling sub
system. In such cases preventive action is complemented by
self-prevention, the individual’s self-regulation of his behaviour.
Of course, such contact is by no means always possible. Therefore
the need arises for regulation of behaviour from without. But
such a complex system as the individual cannot objectively be
controlled only by rules prescribed from without or other external
actions. The action of external regulators on individual behaviour
must be complemented by the action of internal regulators, i.e.,
self-regulation. The task of making practical use of this law is
basically to create special mechanisms of behaviour self-regulation.
It is important to develop in people under preventive care the
inner conviction that the aims and tasks confronting them are
296
their own, and that the attainment and solution of these aims
and tasks are not only in the interests of those who are carrying
out the prevention, but also in their own interests. This is an
important condition of transferring people under preventive care
to a so-called self-regulation regime. It is on this that self-pre
vention is based.
299
ations in controlling offences express the democratic and humane
nature of the system of the prevention of antisocial behaviour
and embody the Party’s policy in this vital social sphere. Practice
shows that this policy, the concern of the socialist state for keeping
law and order and preventing offences, has made it possible to
carry out a broad programme of measures for crime control and
to achieve considerable success in this sphere.
The realisation of preventive possibilities in the Soviet
Union is not spontaneous, but is the result of organised,
conscious activity. The content of prevention is a scien
tifically based set of state and public measures for influencing
the negative factors that promote the survival of offences,
the spiritual world and behaviour of members of society
who violate social norms. This set of measures develops
historically as the result of the objective conditions which,
at each stage of socialist and communist construction, create
new real possibilities for successful crime control. The con
tent of prevention is also determined by the diverse forms
and types of preventive activity, as a result of which crimi
nogenic factors are either eliminated or neutralised. Correct
definition of the content of prevention of offences (measures,
forms, types) means that it will correspond to the main
trends of this prevention being carried out by society.
The content of preventive activity is realised through a
system of purposive measures that ensure the effective
“functioning” of all social norms regulating social relations
in all spheres of social life: socio-economic, socio-political,
everyday, etc. The preventive measures in each of these
spheres are aimed in the final analysis at eliminating the
causes and conditions that give rise to elements which upset
the mechanism of social regulation, at removing the cir
cumstances conducive to the violation of the social norms,
at re-orientating the individual who is capable of violating
or violates these norms. The whole system of preventive
measures used by Soviet society is based on unified prin
ciples that express the demands made by the Party and
the Government on this type of activity. Therefore pre
ventive measures should be politically correct, ideologically
aimed, economically expedient, scientifically based, legal,
in keeping with the principles of democratism and human
ism, effective and well organised. They should also be real,
concrete and not contradictory. These measures should be
applied in a differentiated fashion, taking account of the
different categories and groups of the population.
300
Problems of ensuring prevention
The social prevention of anti-social behaviour is ensured
in various ways: political, ideological, economic, material-
technical, organisational-administrative, financial, person
nel and many others, used by state bodies and public organ
isations. One of the most important is the legal means of
ensuring prevention. This, unlike the others, means that
the state in the person of its bodies lays down universally
binding rules of behaviour (legal norms) which establish:
the range of subjects of prevention; the range of objects of
preventive action; preventive, prohibitive, restorative and
other measures to protect society from infringements of the
law, responsibility for the infringement of these legal
norms, a system of control for their proper enforcement and
observance. Thus, the legal means is a system of measures
reinforced in legislation that ensures public order. The sum
total of this type of “action” is the provision of preventive
activity in the broad sense of the word. The provision of
this activity means the creation of the necessary conditions
for the successful functioning of the prevention system as
a whole.
Classification of preventive measures
The classification of preventive measures is one of the
most complex and little studied questions of criminology.
It can help practical workers to carry out prevention in
a differentiated way, taking account of different groups of
offenders. In the search for means of solving this problem
we often speak of general and special measures, measures *
of general and individual prevention, measures to eliminate
(or neutralise) the causes and conditions of offences, measures
of direct action on persons leading an anti-social way of
life, organisational measures and many others that help
to increase the effectiveness of prevention. The most wide
spread is classification according to the nature of the factors
that give rise to crime and also the possibilities of influencing
them. It provides for the following:
neutralising measures used when dealing with objective
circumstances, phenomena or processes which are inevitable
by virtue of certain historical conditions and cannot be
eliminated in a short time (the criminogenic influence of
these circumstances, phenomena or processes is neutralised);
301
compensatory measures—these arc used in cases where nor
mal conditions have not been created for the education of
individual persons (for example, the activity of the system
of state institutions for children compensates for the absence
of conditions of family upbringing);
measures to prevent the arising of circumstances conducive to
the committing of offences (for example, elimination of the
causes and conditions capable of producing road accidents)
measures to eliminate circumstances conducive to the com.
mitting of offences if they have already arisen (for example^
the sale through the trading network of the required amount
of goods that were previously the object of profiteering).
This classification is perfectly justified. However, to
our mind, it would be better to make it, on the one hand,
broader, and on the other, more concrete. To this end the
classification of preventive measures should correspond to
the levels, forms and types of preventive activity. Hence
the following additional classification arises:
measures of prevention used on the high (first), middle
(second) and low (third) levels of preventive action;
measures of direct and early prevention, general and in
dividual prevention, measures of self-prevention and mea
sures of victimological prevention;
measures of prevention corresponding to the individual cat
egories, groups and types of crimes, individual categories
of criminals (for example, preventive measures for recidivist
crime, juvenile delinquency, group offences, female crimes,
measures for preventing hooliganism, road offences, em
bezzlement, etc.) which make it possible to take account
of the specific nature of these crimes and to differentiate
measures against them.
We can also classify measures according to subjects of
prevention. In so doing special measures should be singled
out (such as those used by the agencies of the Ministry of
the Interior). They are closely connected with measures
of deterring and suppressing crimes.
In relation to preventive action on concrete categories of
persons all preventive measures are divided into two main
groups: measures of persuasion and measures of coercion.
The measures of coercion are not the main ones, but subsi
diary ones. We must first seek to persuade, then coerce. “We
must make every effort to persuade people before applying
302
coercion.*1 tn prevention coercive measures are used, when
measures of persuasion do not yield the desired results. But
nevertheless coercion is necessary in this sphere. Therefore
the general law of the gradual reduction of the sphere of
coercion in society should not be automatically extended
to the sphere in question. The offender must know that the
risk he is taking is so great and the punishment so severe,
that he would lose more than he would gain from commit
ting a crime. Essentially people strive for order, but the
actions of many of them give rise to disorder. This is why
state authority is compelled in a number of cases to resort
to coercive measures. Their application results from the
need to uphold socialist legality, to protect public order and
the rights and interests of all members of Soviet society.
This means that in modern conditions coercion has not
exhausted itself. In speaking of the social prevention of
offences, it must be specially stressed that this is alien to
liberal attitudes to those who violate Soviet laws and the
rules of the socialist way of life. In relation to these persons
it is necessary to use the whole set of measures of social
action, the full force of Soviet laws. Coercion in this sphere,
as in any other, is an expression of public disapproval of an
act, behaviour. And the degree of this disapproval should
be reflected in the “extent” of the coercion.
The problem of coercion is closely linked with questions
of the inevitability of punishment. Everyone who has com
mitted an infringement of the law should be called to ac
count, punished. From the point of view of prevention, the
inevitability of punishment is more important than its sever
ity. Even the most severe punishment does not achieve
the maximum effect in restraining a person from committing
an offence. The inevitability of punishment is connected
with coercion. It does not “function” somewhere in thin air,
but is woven into the complex fabric of measures of preven
tive action.
Measures of persuasion in prevention are educative, ex
planatory measures. Persuasion is the basic measure of
prevention. It is a manifestation of the educative function
of prevention. It has a fairly broad field of application, but
is used not apart from coercion, but in close interaction
303
with it. Persuasion as a method of eliminating offences
presupposes the active and purposive influencing of the
consciousness and behaviour of citizens aimed at inculcat
ing an inner need to observe public order, and also pre
venting the emergence of stimuli for deviant behaviour. The
subjects of prevention, we would emphasise once again, resort
to measures of coercion only after measures of persuasion
have been exhausted. However, the actual function of coer
cion often engenders the function of persuasion. This hap
pens when after the application of coercive measures (if
they have yielded the desired result) the need arises to use
measures of persuasion again. Frequently both sorts of
measures are used parallel to each other. All this enables us
to speak of the unity of the measures of persuasion and
coercion in the prevention of anti-social behaviour.
304
Naturally as the USSR advances towards communism Soviet
people have a greater sense of responsibility and awareness of
their public duty, aud the role of persuasion, the need to observe
social (including moral and legal) norms that becomes a habit
also increases. But this does not mean a decrease in requirements,
of course, a rejection of the need to apply coercion to those who
violate public order and commit offences. On the contrary, the
higher the level of people's consciousness, the higher their moral
level, the more intolerant society is of even minor violations of
public order, discipline, moral and legal principles and the more
strictly we must protect the “social health?* of society, the will of
the people elevated into law. It should be noted that measures of
coercion not only stop anti-social behaviour, but also create
conditions under which it will not arise at all.
The unity of persuasion and coercion does not deprive
them of their specific features. Coercion in the sphere of
prevention has a number of features: in combination with
persuasion it is legal in form, distinguished by a definite
formal nature, etc. The guarantees of the correct realisation
of coercion, its effectiveness lie in the combination of coer
cion with persuasion. Excessive use of one method or over-
estimation of the other may lead to a certain neutralisation
of their action. Lenin wrote: “Our application of coercion
was correct and successful whenever we had been able to back
it up from the start with persuasion.”1 Persuasion also has
a number of special features: explanatory talks, the forma
tion of correct attitudes and views on life—this is a purely
educative, not a legal means. But persuasion cannot and
should not mean endless pleas to and condoning of those
who ignore them. Prevention requires the flexible use of
measures of persuasion and coercion.
20-01771
CHAPTER XI
310
Legal regulation in the sphere oj prevention
In embodying and enshrining the achievements of mature
socialism, the Constitution of the USSR lias greatly ex
tended the limits of the legal regulation of social relations
in the sphere of social prevention. It guarantees the broadest
system of measures of preventing deviant (including anti
social) behaviour. Without consideration (and realisation)
of the principles and norms of the Constitution of the
USSR it is impossible to speak of the legal regulation of
preventive activity.
The Fundamental Law proceeds from the fact that Soviet
society is characterised by a high degree of legal regulation
of the social processes that take place in it. It provides an
interpretation of the social function of law that reveals new
aspects of the mechanism of legal action on the various so
cial processes. Its principles and norms form the basis for
the whole practical activity of the state and public organi
sations, officials and citizens. Preventive activity is certainly
no exception here. It is part of the system of state and public
activity. Therefore the realisation of the constitutional
principles and norms in this sphere (prevention) is also a
fundamental social and political problem. These principles
and norms form the core of the legal regulation of preventive
activity.
The normative regulation of social relations is of a systemic
nature and includes the interconnected totality of social norms
(legal and moral norms, customs, etc.). The functioning of this
or that system therefore means the use of various social norms.
This makes it possible to establish clearly, firstly, the relationship
of legal and non-legal means of action, the specific nature of legal
action (outlining tne external connections of legal means). The
functioning of the prevention system also requires the use of
different social norms (not only legal ones). But in distinguishing
legal norms from them, we distinguish the framework of juridical
regulation. Social relations in the sphere of prevention are regu
lated with the help of law alone. Of course, by no means every
thing in the prevention of offences can and should be directly
provided for by law. Legal regulation itself can have varying
degrees of particularisation. But all preventive measures must
accord with the fundamental propositions of law.
The mechanism of legal regulation in the sphere of pre
vention is not a kind of special, independent mechanism,
but a manifestation of the mechanism of legal regulation in
general, in relation to the specific sphere of social relations,
311
to a special object. Therefore (thanks to this specifics) the
mechanism of preventive legal regulation acquires a local
structure, as it were. It is in this connection that we speak
of the special features of legal regulation in the sphere of
prevention and of the specific aspect of legal regulation.
The special social relations must have a corresponding legal
regulation. The legal norms that regulate preventive activity
regulate special relations. And the regulation of social relat
ions in thissphere also means the protection of public (legal)
order. Thus, law serves as an effective means of protecting
order, on the one hand, and eliminating anti-social acts,
on the other. Here we have an intertwining of the two func
tions of law: protective and regulatory. They both promote
the successful prevention of anti-social behaviour.
The place and role of law in prevention may be character
ised as a whole, taking a number of considerations into ac
count. Firstly, the legal norms that ensure prevention
record the results of studying the laws and tendencies of
development of preventive activity and take into account
means of making effective use of these laws and tendencies.
Secondly, legal norms define the aims and main tasks of
prevention, i.e., express the realistic policy of the Party
and state in the sphere of controlling offences. Thirdly, legal
norms lay down the most effective methods, forms, forces
and means of prevention sanctioned by law and define the
basic rights and duties both of the subjects and of the objects
of preventive action. The system of prevention is character
ised by the multiplicity of its constituent elements and
covers various social connections and relations. This deter
mines the complexity of its legal provision.
Law promotes the normal functioning of the prevention
system. It regulates the “activity” of this system, keeping
it within a certain juridical framework and directing it
towards “business contacts” with other social systems. The
main method of legal regulation in this sphere is the stabi
lisation and ordering of preventive activity. It is law that
regulates this activity. Here its role consists mainly in
organising prevention and carrying out the appropriate
measures. Experience shows that where the activity of state
bodies and public organisations is not sufficiently regulated
juridically, the realisation of the tasks of this activity suf
fers accordingly. This is particularly obvious in relation
to the prevention of offences.
312
Trends in the legal regulation of prevention. We can speak
of two main trends. One of them consists of legal action
on the causes and conditions of offences, criminogenic fac
tors, i.e., on various social processes, with the aim of eli
minating unfavourable situations and also of stimulating
anti-criminogenic factors. This includes all manner of legal
action on persons leading an anti-social way of life. How
ever, this action itself is subject to legal regulation and cor
responding consolidation in legal norms. The other trend is
“procedural” and consists of laying down the rights and
duties (and establishing the responsibility) of persons in
cluded in the prevention system, in establishing the pro
cedure for carrying out preventive activity and the content
of concrete preventive measures. In a number of cases these
two trends overlap and combine in a single legal statute.
Their division is, therefore, conventional. But each of them
has its own specific features.
Legal sources and legislative regulation
The main legal sources relating to the sphere of preven
tion are: group one—Fundamentals of Criminal Legislation
of the USSR and the Union Republics, Fundamentals of
Criminal Procedure of the USSR and the Union Republics,
Fundamentals of Corrective Labour Legislation of the USSR
and the Union Republics, criminal procedure and
corrective labour codes of the Union Republics; group tw o -
decisions of the Supreme Soviet of the USSR and of the
Supreme Soviets of the Union and Autonomous Republics,
decrees and resolutions of the Presidium of the Supreme
Soviet of the USSR and the Presidiums of the Supreme So
viets of the Union and Autonomous Republics, decisions of
local Soviets of People’s Deputies, and resolutions and
orders of the Council of Ministers of the USSR and the
Councils of Ministers of the Union and Autonomous Repub
lics; and group three—departmental and interdepartmental
normative acts (instructions, regulations, rules, etc.) issued
by the bodies and organisations taking part in controlling
offences. Speaking in general about the sources of law relat
ing to the sphere in question, we must point to the decisions
of congresses of the CPSU and the resolutions of the Central
Committee of the CPSU. Strictly speaking they do not
contain legal norms, but when it is a question of legal
313
principles (and norms and principles are interconnected) we
turn, first and foremost, to the decisions of CPSU congresses
and resolutions of the Central Committee of the CPSU; this
is a special group of legal sources relating to the sphere of
the social prevention of anti-social behaviour.
The afore-mentioned legal sources contain the basic polit
ical and legal principles of carrying out the prevention of
offences, the norms that regulate the preventive activity
of the corresponding subjects and are addressed to them, and
the norms that define the legal status of the objects of pre
ventive action. A broad set of preventive problems is em
braced here. They should all be seen from the standpoint
of unity.
Law, legislation and laws. In discussing the legislative
regulation of preventive activity, we must concretise the
concepts we are using, namely “law” “legislation” and “a law
(act)”. This is important both for theoretical research, and
for the practical solution of legal problems of prevention.
Operative law should not be identified with the system of
legislation. Law is rules of conduct established by the state.
Legislation is the juridical acts of the supreme bodies of
state authority and administration by means of the pro
mulgation of which legal norms are established and in which
these legal norms are contained. The system of legislation
is a product of rational activity, a system of the forms of
expression of normative material (sources of law). Basically
it proceeds from a country’s legal system, but docs not coin
cide with it entirely. Legislation and laws are also phenom
ena that do not coincide (the former is multiplicity and the
latter singularity; the former covers all the social relations
regulated by law, and the latter individual questions only).
They also differ qualitatively to a certain extent. The
legislation system includes all types of enactments, not only
laws.
2. THE LEGAL STATUS OF SUBJECTS AND OBJECTS
OF SOCIAL PREVENTION OF OFFENCES
322
given period, to see the link one has to “grasp” to pull out the
whole chain of strategy, to formulate clearly the central task
of a period and to concentrate all forces on carrying it out. Thus,
strategy is the elaboration and implementation of a general line
at a given historical stage, the choice of the main future (long-term)
trend of organisational activity for the achievement of set aims,
while tactics determine the plan of organisational activity over
a short (short-term) period. They concretise strategy, as tt were,
at each concrete stage. The elaboration of the strategy and tactics
of the prevention of offences is inseparably linked with the corre
sponding management.
324
only of the present, but also of the future. Elaboration of the
problems of directing the processes of crime control cannot be
the concern of scientists alone. It is also an important duty of all
leading practical workers. This idea was stressed by Lenin when
he was discussing management: “In order to manage, one must
know the job...” One cannot manage “without being competent ...
without knowledge of the science of management”.1 Of course, w'e
must not sav that no one did any management in the sphere of
crime control in the past. Although the term “management” was not
used in the same degree or extent that it is today, this does not
mean that management did not exist. It did exist. However there
was no base to ensure that this management was put on the rails
of scientific management. Today such a base exists, and we can
nowr speak of scientific management or direction in the sphere of
crime control.
325
ciety. Naturally, this sphere cannot and should not be
excluded from the sphere of scientific social management.
It stands out as having its own specific features.
Thus the preventive sphere in socialist society inevitably
presupposes scientific management, as does any other sphere of
social life. And this means that preventive action really does
appear as a management process, including such basic stages
(principles, functions and methods) of management as information
retrieval, processing and analysis, forecasting and planning,
interaction and coordination, decision-making, the organisation
and implementation of management decisions, supervision, etc.
This action (as a management process) presupposes a scientific
understanding of the contradictions of social development connect
ed in one way or other with deviant behaviour. It is on the basis
of such an understanding that preventive action becomes con
trolling and scientific.
Management (control) in the sphere of prevention, as in
any other sphere, should be truly scientific. One should not
rest on one’s laurels here. Life marches on, producing more
and more new questions that require new forms, methods
and means of management. Here a special scientific search
is essential. For the fate of all management depends on our
choice, which may be unscientific, or may be scientific. Re
commendations that are in keeping with scientific require
ments are necessary. The main task is to embody the achieve
ments of the science of management in preventive activity.
This task can be solved successfully by the representatives
of the relevant branches of knowledge.
Scientific management cannot tolerate subjectivism in con
structing management mechanisms. Objective reality is always
richer than the most “perfect” subjectivist construction of manage
ment mechanisms. Scientific management is conscious management
carried on in accordance with the requirements of the objective
laws, progressive tendencies that ensure the society's ascent from
one stage to another, higher one. To manage society scientifically
is to cognise, to reveal the laws of social development, to discover
the progressive tendencies and to direct (organise, plan, regulate
and control) the advance of society in accordance with these
tendencies. To manage society scientifically means to discover
the contradictions of social development and resolve them in
good time, to reveal and overcome obstacles on the path of this
development. To manage society scientifically means to ensure
the preservation and development of the structural and functional
unity of the system, the ability of the latter to assimilate or
neutralise negative action both inside and outside the system.
To manage society scientifically means to pursue a correct, realistic
policy based on strict consideration of the objective possibilities
326
and the balance of social forces and inseparably linked with the
economic and cultural development of society. Scientific manage
ment of social processes under socialism presupposes the formation
of managers with a broad political outlook, a keen interest in
general problems, the ability to relate the development of their
own professional sphere to the development of the whole social
organism and take into account the social and educational con
sequences of their decisions. This requires an increase in the
scientific training of managers, their philosophical and methodolog
ical training. These propositions are also fully applicable to
management in the sphere of prevention. However, we should
proceed from the fact that such management is a part of the
management of society, of state administration. For the main
thing in management of the sphere of prevention is the strength
ening and development of socialist social relations, and law and
order.
Preventive action on the relevant processes is conscious
action. However not all conscious action is scientific man
agement. Therefore we must distinguish clearly between
management in the sphere of prevention and preventive action
in general. Otherwise all preventive measures will be con
nected with management alone. But management is always
done within a certain framework. Hence its special prin
ciples, functions and methods, and specific features in gen
eral. Managing preventive action is quite another matter.
It differs fundamentally from so-called non-controlling
action. Basically management in the sphere of prevention
is analogous to management in any other social sphere. At
the same time it differs very obviously from other types of
social management. It is a sphere of preventive management
that forms part of the management system of the processes
of crime control.
335
whole of managerial activity, including the drawing up of decision
(programmes, directives, laws, plans), organisation of the im
plementation of these decisions, supervision, etc. This applies to
all management. However, it must be borne in mind that at
different levels of management there should be not only different
types of information, but also information of the same type in
different forms. A great deal also depends on the types (trends)
of management. For example, special information is necessary for
the management of preventive activity.
The usual definition of information is communication,
i.e., the sum total of data on the state of an object. Infor
mation is always received, studied, thenassessedand, finally,
put to use. There are different types of information; so
cial, political, economic, legal, technical, natural, etc.
The highest, most complex and diverse type of informa
tion is social information, insofar as social phenomena and
processes are she highest form of the motion of matter.
Social information, which reflects the diverse aspects of
human activity, can be divided into a number of types. If
we accept that social information is an aspect and a result of
the reflection by society both of the social form of the mot
ion of matter and of all its other forms insofar as they are
used by society, drawn into the orbit of social life, we can
distinguish information concerning the individual spheres
of social life, including preventive information.
The function of information in the sphere of management
of preventive activity consists, first and foremost, in the
selection and selective use of information on new and val
uable data of preventive significance. The fullness of such
information is particularly important. In this sphere it has
a specific form which is determined by both the distinctive
features of preventive activity and the mutual connection
of the prevention of offences with other trends in the pre
vention of deviant behaviour. The management of pre
ventive activity makes use of information on the various
levels of social relations that develop in this sphere and
social information of varying degrees of generalisation.
This information, used in management, is the sum total of
information on the deviant behaviour of members of so
ciety. It serves as the initial and basic information for
drawing up corresponding managerial decisions. The task
is to ensure that management bodies possess all the necessary
information on the essence and laws of the phenomena and
processes that are the object of management.
336
Initial preventive information is contained in various
forms of statistics, in documents, memoranda, reports, etc.
An important source of this information is sociological
studies. Preventive information is usually divided into
the following sections: offences; persons leading an anti
social way of life; the causes and conditions of offences
(deviant behaviour in general); persons in relation to
whom prevention is already being carried out (who are on
the preventive register); and preventive work and its results.
Advance (prognostic) information, which corresponds to
planning information (essential for planning and already
contained in plans), is particularly important for manage
ment. The retrieval, systematisation and processing, anal
ysis and use of information necessary for the management
of preventive activity must be ensured organisationally.
One of the most urgent questions here is to establish the limits
of preventive information, to decide what information is necessary
in order to manage preventive activity effectively. Obviously
information should be considered primarily from the point of
view of its value. Moreover, information should have a political
character, i.e., it should reveal and help to determine the policy
of crime control. Only then can we speak of preventive infor
mation as an instrument for acting upon negative social phenomena
and processes, as an effective means of determining the line (trend)
of preventive activity. Linked with this are problems of the
Party commitment of preventive information, which means above
all its objectivity and active nature. This information is a serious
mobilising factor which raises the level of preventive work. And,
of course, such information should have a preventive significance.
340
are searching for ways of improving plans aimed at the imple
mentation of preventive tasks. To our mind no science that is
engaged in studying the problems of deviant behaviour can fail to
concern itself with the improvement of comprehensive planning.
With regard to the need for the comprehensive approach
to the solution of the problems of prevention, we must bear
in mind the important point that it is a means not only of
their theoretical, but also of their practical solution. There
fore both theoreticians and practical workers must make
consistent use of the method of comprehensive organisation
of prevention. The realisation of this method presupposes
the development of forms of organisational provision of
preventive activity.
A comprehensive target programme for the organisation,
of preventive activity is a set (system) of economic, ideolog
ical, psychological, legal and other measures. It is assumed
that the aim will be achieved at a certain quantitative and
qualitative level and over a certain period given the com
prehensive approach. We are talking of comprehensive
management. This is a type of management in which all
the factors in any way connected with preventive activity
are taken into account, and day-to-day preventive work is
coordinated with the long-term tasks of crime control.
So it is necessary to ensure comprehensive political, eco
nomic, social and legal management of preventive activity.
Today, to our mind, we can distinguish the following ele
ments of such an approach: firstly, ensuring of the develop
ment of preventive activity on the basis of strict observance of
the socialist principles of its organisation; secondly, strength
ening of the unity of preventive actions of all the interested
bodies and organisations; thirdly, precise definition of the
main trends of preventive activity on the basis of Party
policy, taking account of the special features of this activ
ity carried out by the various bodies and organisations
and the public; fourthly, development of forms and methods
of prevention that ensure the comprehensive accomplish
ment of tasks and the achievement of the best final results;
fifthly, coordination and interaction of bodies and organisa
tions taking part in preventive activity; sixthly, ensuring
of the ideological-political aspect of prevention, the constant
development of its democratic principles. Comprehensive
plans of prevention should become an integral part of the
state plan with all the ensuing consequences.
341
Comprehensiveness is a broad, multi-levelled concept. It
implies the dialectical interaction of the system of social relations,
political and ideological factors, conditions of everyday life,
i.e.t everything that surrounds a person and acts on his conscious
ness. It is a basic principle of theoretical thinking and
practical activity. T|ic present posing of the question of the compre
hensive systems approach to the management of society as a
whole, its individual social links and spheres of activity, is
conditioned, first and foremost, by the arrival of socialism at the
stage of maturity, by the tasks confronting the Soviet Union at
the present stage of communist construction. The idea of com
prehensiveness is being intensively and fruitfully elaborated by
all the social sciences and actively introduced into the practice
of social management. However, the comprehensive approach is
frequently identified with the systems approach. This is wrong.
The systems approach and the comprehensive approach, although
interconnected, are not the same. Therefore they should not be
confused. They do not coincide on a number of points. Of their
differences we can say simply: thanks to the comprehensive ap
proach we find out what to look for, where and why to look for it,
and thanks to the systems approach, how to look for it. But the
connection between these approaches is rather close nevertheless.
This should not be overlooked in the process of comprehensive
planning. It is no accident that this planning contains a great
deal of systems analysis. It is sometimes referred to conventionally
as comprehensive systems planning. ^
The comprehensive approach presupposes the creation of an
integral system in the organisation of preventive work, a joining
of the efforts of different bodies, the coordination of their pre
ventive activity. With its help the most effective forms and
methods of prevention are carefully selected, the order of their
application determined, and the unity of the process of preventive
activity and the management of this activity ensured. This ap
proach makes it possible to take into account a set of varied ques
tions—organisational, legal, educational-ideological, etc. The
comprehensive approach makes it possible to see in preventive
activity the intertwining of various types of work, i.e., to see
prevention comprehensively. This is the so-called systems view
of the object. It is here that the close connection of the systems
and comprehensive approaches is in evidence. Hence also the
concept ‘^comprehensive nature of the system of prevention”.
The comprehensive approach is used in prevention when a positive
result cannot be obtained by relying on anyone of the existing
trends in this sphere. The work aimed at improving prevention
planning should be based on a systems, comprehensive approach
that makes it possible to combine all the problems of prevention,
to coordinate the interaction of all units of the management of
preventive activity.
A comprehensive prevention plan is a system of rules for
the carrying out of economic, cultural, ideological and organ
isational-legal measures aimed at preventing and elim
inating offences, rules that are binding for all Party,
342
government, economic and law-enforcement bodies and pub
lic organizations. The purpose of comprehensive prevention
plan is to ensure an all-out offensive on crime. Such a plan
is a system of measures aimed at creating the conditions
for the optimal functioning and development of society.
Therefore its sphere of influence is social relations.
The object of comprehensive planning is social relations,
which are multi-tiered. The first, broadest aspect of rela
tions covers the whole system of social relations connected
with preventive activity: economic, socio-political, cultural
and legal. At the same time theoretical and practical needs
and, above all, the needs of scientific management in this
sphere dictate the need to single out social relations in
the narrow sense as a specific type of relations—preventive
relations. We must also distinguish different types and lev
els of relations. It is a question of finding the specific features
of each range of social relations. This classification fa
cilitates the task of comprehensive planning. It enables us
to establish correctly the means and methods of planned
regulation of different sets of relations. The main ones are
social relations: in the sphere of labour and labour (product
ion) discipline; in the sphere of everyday life and family
relations; in the sphere of leisure; in the sphere of social act
ivity. It is also permissible, of course, to talk of the sphere
of ensuring legality and law-enforcement. We could mention
many other sets of relations. But this is not the main point.
Their classification may be extremely varied. What needs
to be stressed is simply that in comprehensive plans of
prevention the activity of the various bodies and organi
sations can be carried out in corresponding spheres of social
relations. Then the sphere of influence, the functional rights
and duties of the various bodies are allocated in a completely
concrete way. We cannot accept the view that insofar as
social relations in any given sphere are of an objective na
ture, they cannot be influenced. All social relations are the
object of regulation and, consequently, also the object of
influence and even of active influence.
An organic part of the system of social relations is rela
tions that develop in the sphere of keeping public order
The concretised object of comprehensive planning of preven
tion is, thus, the keeping of public order. Here it should be
a question of planned preventive activity aimed at achiev
ing certain goals and accomplishing certain tasks.
343
The comprehensive planning of prevention makes it pos
sible to detect social needs more deeply (from the point of
view of the protection of social values) and, correspondingly,
also the range of social problems requiring special regula
tion. Here (if the plan takes account of the special nature
of different sets of relations) state and departmental inter
ests can be coordinated more fully and opportunely. True,
in the process of the comprehensive planning of prevention
another type of relation arises: relations connected with
the drafting of the plan and the realisation of an approved
plan, and supervision of its implementation. These groups
of social relations are interconnected. They are distinguished
from other relations by the fact that they have been cement
ed together by the act of passing the comprehensive plan.
They play a dual role: firstly, they promote the uniting of
efforts of the subjects carrying out the plan and the subjects
supervising its implementation; secondly, they bring the
planned work to the level of state and public activity,
the interests of those who supervise the preventive work
and the interests of those who carry it out coincide. A com
prehensive plan of prevention acquires state significance.
♦ * *
Today raising the efficiency of preventive work is of
special importance. The problem of effectiveness in preven
tive activity is very complex, particularly if we have in
mind not only the quantitative, but also the qualitative
aspects of the successes achieved. This is in no way to belit
tle, of course, the real successes, but these must also not be
overestimated. It must be acknowledged that the tasks
of strengthening law and order are so far not being solved
effectively enough. And raising the effectiveness of pre
vention means applying the comprehensive approach skil
fully in practice, it means improving the organisation of
prevention, mastering the Leninist style of work and man
agement. Effectiveness is an assessment category. It reveals
the degree to which action corresponds to the aims set.
Definition of the clear aims of prevention and the tasks
that derive from it is, therefore, of major importance. The
assessment of effectiveness means not only defining aims,
but also establishing the consequences of preventive work,
analysing its results. The end result—that is the main
thing to be taken into account in determining the effective
ness of preventive activity.
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