Indicators of a criminal profile
Introduction
The set of circumstances or conditions that lead to high risk for the production of damage against legally protected goods. The obvious capacity of a person to commit a crime, or the probability of becoming the author of one. It serves to establish an individual treatment. It is divided into two: criminal capacity: it is the constant and active perversity of a criminal and the amount of evil that can possess. Social adaptability: it is the ability of the offender to adapt to the environment in which he lives.
Developing
Applied within clinical criminology which is the criminal science that is responsible for the study of the personality of the subject in order to establish the ideal treatment to meet the needs of the individual who has committed an antisocial behavior;It follows a specific method, which has the support of various experts who have been called interdisciplinary team. "Danger" "Ability to commit antisocial behaviors" Social danger: "the greatest or lesser probability that a subject commits a crime".
Criminal danger: "The greatest or lesser re-adaptability to the social life of a subject that already committed". Guilt is the personal reproach of unlawful action or omission, as long as, proven that a person has carried out typical and unlawful behavior, it is feasible to reproach its author of the realization of said behavior, in the conditionsin which this has been developed. Aimed at a guarantee right. It serves to find the degree of participation. -The judge has the power to take the study applied to the subject or not.
The danger criterion is abandoned, therefore, the preceding behavior or personality study should no longer be taken into consideration. So that the active subject of the crime is now sanctioned only because of the unlawful fact he committed, not for what he did previously. According to the judgment of the courts, we are facing a code of guilt due to the act committed and not of danger that punishes the life of life or the past of a criminal. In the Federal Criminal Code and the Federal District, to judicially individualize the penalties do not correspond in its integrity to an act of act.
A hybrid system in which the revealing data of the personality of the offending subject to graduate its guilt becomes important. The determination of guilt: the imputability of the subject: analyzing the concurrence or absence of causes of imputability. Antijuridicity awareness: where the problems of prohibition error or unlawfulness are substantiated. The enforceability of behavior: analysis of the causes of inexigibility. The guilt principle is simply expressed in the apothegma that there is no penalty without guilt.
In the subsequent that the measure of the penalty cannot exceed the measure of guilt. Danger goes against human rights. In personality studies, the danger or themability criteria to sanction the people who commit crimes for what they are and not by the criminally transcendent act that are imputed to them are used, which is only own in an authoritarian state. -Criminal guilt denies the concept of danger to determine the degree of guilt of the author’s author of a crime, on the side of personality studies.
conclusion
There is a contradiction, since criminal guilt denies the concept of danger, however, substantive legislation expresses the judge’s obligation to require expert opinions tending to know the personality of the law offense, not all antisocial conduct can be considered ascrime. There is no penalty without guilt and the measure of penalty, it cannot exceed the measure of guilt.
The State cannot be enough to "blame" someone for the commission of a crime without greater criteria than their own broad discretion, because it would lose legitimacy before society and the offender itself. Hence, it is necessary to determine under what budgets and conditions, both factual and legal, a crime can be attributed as a work to an author.
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