Personality and criminal conduct
Introduction
Criminal danger criminal guilt differences. The concept first arises in 1878 with Rafael Garofalo and from that date it has been applied within clinical criminology. Garofal. Social adaptability: it is the ability of the offender to adapt to the environment in which he lives. Therefore, criminal capacity is the obvious capacity of a person to commit a crime, or the probability of becoming the author of one.
Developing
Then the Criminological Clinic is interestedcarried out its typological determination, its prognosis and the fixation of the therapeutic measures that must be applied. Therefore, it 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.
For Hikal, clinical criminology is the science that is responsible for the diagnosis and treatment of antisocials. This tries to give an exhaustive explanation to each case and considers the human being as a biological, psychological, social and individual being. Clinical criminology is the diagnosis and treatment of internal and behavioral problems, such as mental, antisocial, alcoholism, family, etc.;It also studies the factors that led the subject to commit antisocial behavior, not in a general way, but each particular case.
The objective of clinical criminology is that through the evaluation carried out by the subject can be carried out: observation. It is used to evaluate the responses to the stimuli sent by the interviewer. The interviewer focuses on the subject. Criminological diagnosis. This is where the subject’s degree of danger is evaluated. Criminological forecast. According to observation and diagnosis, the danger of the subject and his future behavior will predict. The application and use of the personality study that is done in the criminal and penitentiary fields.
It constitutes a persistent tendency to use the criteria of "danger" or "themability", to sanction people who commit crimes for what they are and not by the criminally transcendent cocato that are imputed to them, which is only typical of an authoritarian state. By affirming that these concepts are violations in the analysis of the degree of guilt of the subject, it remains importance to the study in terms of an element to issue a final sentence in a matter of the criminal order. From the foregoing, the judge has the power to take or not in consideration of the study applied to the subject.
The Tenth Collegiate Court in Criminal Matters of the First Circuit, when resolving the Direct Amparo trial 2110/2006 held, in essence, that: from the reforms of the Local Criminal Code, of February 1 of the year of one thousand nine hundred and ninety -four, the punishment will be imposed based on the determination of the degree of guilt of the justiciable;This is, 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 that he committed.
Not for what he did before, since it emphasizes that we are, from nineteen ninety -four, in front of 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. For its part, the Ninth Collegiate Court in Criminal Matters of the First Circuit, when resolving the Direct Amparo Judgment 179/2007, in essence, precise: Article 72 of the Criminal Code for the Federal District, in its last paragraph provides that: “For the proper application of sentences and security measures, the judge must take direct knowledge of the subject, the victim and the circumstances of the fact.
conclusion
It will require the expert opinions to know the personality of the subject and the other conductive elements ”. Criminal danger is a term that is used in clinical criminology to establish the appropriate treatment for the person who commits antisocial behavior, so this concept cannot be used for the application of a sentence by conviction, since it is violationfrom the human rights. While in criminal guilt, the penalty or punishment will be in accordance with the degree of guilt of the subject, author of the crime, without the personality being a factor in the sentence.
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