Duzbayeva Saltanat Bekbolatqyzy

Doctoral student of Law faculty, Department of Criminal law, Criminal Procedure and Criminalistics, Al-Farabi Kazakh National University

Jansarayeva Rima Erenatovna

Doctor of Law, Professor, Head of Department of Criminal law, Criminal Procedure and Criminalistics, Law faculty, Al-Farabi Kazakh National University

Features of the minor offender

Abstract. In this article discusses personality characteristics of a juvenile offender. Juvenile delinquency is primarily determined by the characteristics of the personality of the offender, associated with certain biological, psychological, and mental changes in the structure of the individual age due to a certain level of development forces, intelligence, instincts, and even «physical» committing certain crimes.

Keywords: minor crime, juvenile delinquency, identification of a juvenile offender

For a sustainable future educating the younger generation has always been, and will be deemed to be the main task of each individual and the state as a whole. One of the main objectives of each state is to maintain stability sufficient conditions for every child. Teenagers whose behavior deviates from accepted in society rules, standards of conduct, referred to as difficult or troubled. These teens are physically healthy, but not brought up and trained. Not only are they bad study and resist educational influences, but also characterized by profound alienation from family, school, the influence of asocial, crime groups, severe social disabilities: violated discipline in school, don't want to learn, conflict with peers, teachers, parents, school dropouts, consider themselves losers wander, drink, break the laws.

For a complete study of the personality of the modern a juvenile offender, it is necessary to disclose the issue, criminological characteristics of personality of the perpetrator as a whole. In Criminology, the question of the identity of the offender is still quite controversial for criminologists. It is important, first of all, because it is a key factor to address the question of whether there is a special formula to address crime by crime analysis, and as a result and the identity of the offender. That is, the identity of the offender, parsed, characteristics, behavior, psychological inclinations, i.e. internal driving forces of committing those or other crimes, and there are media causes of certain types of crimes.

Juvenile delinquency is a combination of crimes in society, by persons between the ages of 14 to 17 years. Juvenile delinquency is an integral part of a crime in general, but also has its own specific features, allowing you to treat it as an object of criminological study.

The need for such allocation is conditional on characteristics of somatic, psychic and moral development of minors as well as their social immaturity.

Because of their not fully developed and established character and personality underage teens are more susceptible to factors that give rise to crime. These factors create a negative perception shell life of minors, their living conditions, upbringing, as a consequence of the outbreak of conflict in the family and society, and as practice shows, unfortunately, in the future, and to the crime by a minor or against it.

The identity of a juvenile offender is characterized by the presence of such moral and psychological structure properties and characteristics (beliefs, desires, moods, etc), which directs its choice on anti-social behavior and when a certain situation led to this choice.

Analyzing the personality of the juvenile offender, any person whether it be and without legal education, brings to mind an image of a child with a poor level of education in the family and midst in general.

Citing examples of the causes of juvenile delinquency, the following may be noted: the separation of layers of population on the social level; material aspect relating to cash payments or other material benefit; stability in the family, a negative perception of reality on the part of parents or other caregivers; often stands alcoholism or not steady nerves and mental state; the low level of culture, and as a consequence of lax baggage moral, ethical values. Of course, these factors do not directly affect the behavior of the teen or adult behavior in relation to minors, more is characterized by the fact that perceived all indirectly through the nearest surroundings.

Ages 14-17 years are characterized by major changes in the human body in his psyche. At this time there is a physical (including sexual) maturing adolescent, burgeoning moral and intellectual ability. It was during these years is established responsible attitude teen to reality. So, I think appropriate, even without having psychological education to understand that 14-17 years is one of the most critical ages of life, and it was during this period that should be given attention, what is the interest of the young person, and try to pay more attention to education.

Many convicted minors formed his view of the world, its life «philosophy», mainly depending on the social status and individual Wednesday. Analysis of colonies showed that they came from dysfunctional broken families, whose standard of living is below average, have an incomplete secondary education, and some is not taught in school.

What influences a juvenile to commit a crime? The main motives might be:

-brag in front of classmates, friends with a demonstration of his courage;

-selfish attitude towards the subject matter of a claim for which a minor commits an unlawful act;

-the subordination of the influence of the more experienced adults with criminal records;

-limited positive kinship and friendship;

-inadequate self-esteem and level of claims, etc. [1]

In our opinion, the biggest driving force or you can tell the source in a child's behavior, is primarily a family. Family, it is the closest and most appropriate social circle for the formation of personality, unfortunately not everyone remembers this, and in the cases and generally disregards it. The influence of family considerably, not only in the early stages of maturation of the child, in my view, adolescence, being the most tender age, must be subjected to careful attention from the closest of an adult. Parenting has never been easy, as well as the preservation of the institution of the family in the fairest of his condition, but because of the children and the immediate future of the world depends on it. «From the criminological point of view, of particular importance is the study of marital status of juvenile offenders. This is understandable, because in the family formed socially significant individual and quality inherent in her evaluation criteria. Studies show that more than two-thirds of juvenile delinquents were brought up in families where constantly squabbles, scandals, mutual insults, drunkenness and debauchery. Each eighth-tenth a persistent offender, embarked on the criminal path at an early age, drunkenness and offences involved parents, elder brothers, relatives. In addition, socially vulnerable family has a negative impact not only on their own members, but also on other teenagers with whom their children are friends. Thus, there is a process of "contamination" of adolescents do not belong directly to the family» [2, p. 50].

In psychological studies of juvenile offender is characterized by low enthusiasm towards development, cognitivism and in general interest in studying or something related with this. Characteristic for a juvenile offender replacement interests to learning, interests and needs that meet personal needs. In the search for the satisfaction of personal needs often a minor resorting to unlawful ways that can lead to such disastrous consequences, such as getting used to the negative, to the misperception of negative contentment needs.

Very inherent to describe a young offender significant deformation of inner qualities as morality, responsibility, ethics and personal values as a whole. Broken also and emotional internal craving teen, declining sense of shame are such qualities as rudeness, mendacity, and completely removed such feelings as experiencing someone else's grief.

I would like to note that frequent there are cases involving adults in their criminal activities by minors, however, as the practice in the vast majority of cases, these «adults» not particularly different in the age of minors, or the age difference is not significant.

So where does this zeal and desire to go on such anti-social activities as offences. Perhaps we can disclose the issue if you take a look at the issue from the motivational sphere of the person of a juvenile teenager. What is motive. A motive or motivation is those or other driving forces, to meet the needs of the individual and the actions which the identity has taken to achieve the full meaning of their activity. Needs creating motives for action, there are five requirements:

Physiological needs, that is the most basic human needs as an individual, unfortunately in our time can go for possession of material success that as a consequence can be for selfish reasons for juvenile crime;

Such as self-preservation instinct, creates the need for security and comfort, both physical and psychological aspects. In normal manifestation is expressed in self-defense with the motive of criminological hand can speak self-defense while defending the attacks and can even say overly aggressive reaction, which does not correspond to a real threat;

Herd instinct, may be in need and desire to communicate, expresses the motive of avoiding loneliness when viewed at an angle of anti-sociality, this requirement can be a minor vagrancy with their peers;

The instinct of creation expresses this need as the desire for activity, it would seem quite positive this motive the desire of accepting yourself, but there is a flip side to the coin. If the minor is unable to accept himself, then he will be looking for its place in those subcultures, which are not inherent in the special requirements, for example, is a criminal subculture;

The instinct of inspiration can manifest itself in a self-affirmation or self-realization, criminological aspect can be excessive thirst for power that can lead to bad consequences.

As we can see, simple human instincts, breed for an ordinary human motives to action, can be seen and can speak of criminological party. Under normal growing up, each of the motivations and instincts, is reflected not only always a good party, but not with such devastating consequences.

Thus juvenile crime stems from the reciprocal effect of negative facts external Wednesday and the identity of the minor. Most often the crime committing so-called «difficult» pedagogically «running». A number of studies have indicated that for adolescent offenders is characterized by a low level of cognitive development and the public interest. On the formation of the ideals of this teenager's excessive influence of peers, particularly senior in age, with experience of anti-social behavior. The majority of these adolescents personality structure is dominated by negative characteristics: laziness, apathy, irresponsibility, conformism, insensitivity, aggressiveness, etc.

Usually, troubled adolescents is characterized by negative attitudes to learning, which ultimately contrasts their collective class, schools, colleges etc. This juxtaposition of lies in the reasons for training activities. When the majority of children in the educational process is dominated by educational motives, for troubled teenagers in the same process dominates the motive force.

As A. S. Makarenko wrote: «Do not think that you educate a child only when you talk with him, or get him or order him. You educate him in every moment of your life, even when you are not home. How do you dress, how do you talk to other people and about other people, how are you happy or sad, how do you treat to friends and enemies, how do you laugh, read the pap-all this has a great importance for the child».

References:

1. Akazhanova A. T., El'shibaeva K. T. «Psychological service in closed institutions».-Almaty, 2009г.

2. Ephraim, T.f., Ozhegov S.I., Shvedova N. Definition dictionary of Russian language http://www.classes.ru/all-russian/russian-dictionary-Ozhegov-term-388.htm

3. Dolgova A.I. Socio-psychological aspects of juvenile delinquency.-M., 1981.-160 p.