LATENT CRIMINALITY IN CUSTODIAL SETTING: THE CONCEPT AND ESSENCE

Abstract

In article the concept and an entity of latent crime of custodial setting is considered. Ideas of scientific community of interpretation of latent crime are given. It is proved that underestimation by personnel of custodial setting of a problem of latent crime among convicts distorts representation about its actual level, about the size of the material and non-material losses caused by it caused to institutions of execution of punishments.

The analysis of the last researches of latent crime which is carried out by us showed that in special literature there is a set of different author's interpretations of latency. However there is no uniform conventional concept of latent crime of criminology. On the one hand, the concept latent crime is considered by scientists in the context of their own researches. On the other hand it shows that a concept latent crime and its entity reside in scientific search.

Representations of scientific community concerning interpretation of latent crime are given. Latent crime in custodial setting remaining unaddressed administrations of institutions of execution of punishments is especially dangerous.

This results from the fact that latent crime among convicts: latent crime among convicts is not considered, not predicted and actions to prevention are not planned; at latent crime the loss caused establishment of execution of punishments, to the convict of personnel is not compensated; latent crime among convicts in custodial setting is always hidden, but are suppressed why also by whom; the feeling of impunity encourages the persons serving sentence to continue to commit criminal offenses in custodial setting; latent crime promotes formation of certain convicts on commission in custodial setting of a criminal offense.

Latent crime among convicts in custodial setting is divided into the following types: undeclared condemned administrations of establishment of execution of punishments about commission concerning it in custodial setting of criminal offense; criminal offenses unaccounted by personnel of custodial setting on which they reported in the Ministry of Justice of Ukraine, but did not register and did not investigate from the reasons of insufficient vocational training in identification and investigation of criminal offenses in custodial setting; reserve commission among the condemned criminal offenses of establishment of execution of punishments by administration, for the purpose of reduction of crime rate in custodial setting.

Latent crime among convicts in custodial setting influences: isolation of the convict from society; society relation to condemnation of the individual her condemnation; lack of perspectives of release from serving sentence; deprivations of a number of the subjective rights; recession of a psychological and emotional spirit on serving sentence.

The research of latent crime conducted by us among convicts in custodial setting showed existence of a significant amount of the criminal offenses committed in custodial setting which remained outside official statistical accounting of the Ministry of Justice of Ukraine. As well as reserve their some heads of institutions of execution of punishments for the purpose of reduction of crime rate in custodial setting.