Legal and Psychological Warehouse Negligence During Murder

Abstract

The article deals with a number of components of negligence such as: self-confidence, when the person assumes the possibility of occurrence of socially dangerous consequences of his act (actions or inaction), but reluctantly counted on their distraction; less-off, when the person did not foresee the possibility of coming of socially dangerous consequences of his act (actions or inaction), although he was supposed to be able to foresee them, which reflect the moral and social evaluation criteria of the offense and his subject. The adequacy of the use of the concept of «prediction-non-prediction» as an attribute of criminal self-confidence and negligence as determinants of careless crime is analysed. The manifestation of the intellectual moment in the form of psychological prediction makes it possible to resolve the issue of distinguishing between murder committed by negligence, as a result of criminal self-confidence and committed with indirect intent, because it is precisely based on the previous experience of the person, or on the peculiarities of certain qualities (special skills) that provide an opportunity and allow (subject to certain experience) to consciously anticipate the social danger of  such consequences. The feasibility of conducting forensic psychological examination at the stage of pre-trial investigation in criminal proceedings initiated on the basis of murders due to negligence is substantiated, which solves the issue of probabilistic prediction, presently arrogance, the person of socially dangerous consequences of the committed act without taking into account a number of innate characteristics: the pace of mental activity, strength and mobility of nervous processes, stable emotional qualities and other parameters related to personʼs temperament; without studying the typical reactions and behavior of a person in extreme situations; without revealing its attitudes and social orientation.