Peculiarities of Investigation of Criminal Offences in the Field of Discrimination

Abstract

The proper investigation of criminal offences in this area is intended to protect the constitutional rights of citizens and contribute to building a just society. At the same time, despite the existence of criminal law provisions on combating discrimination, their insufficient specification and lack of specialised provisions complicate the qualification and investigation of criminal offences in this area. Methodology. The author used an appropriate set of methods to achieve the purpose of the research. The hermeneutic method helped to clarify the essence and structure of a person who commits criminal offences in the field of discrimination, as well as the interpretation of criminal law provisions in the field of combating discrimination. The author uses the method of systemic and structural analysis to identify the links between the elements to be proved in the course of investigation of criminal offences in the field of discrimination. The dogmatic method made it possible to analyse the personality of the victim in criminal offences in the field of discrimination. Results. The analysis of the process of investigating criminal offences in the field of discrimination has shown that there are a number of features which should be taken into account when qualifying criminal acts. It is established that it is law enforcement agencies that have an additional obligation to take all reasonable measures to expose any discriminatory motives and to establish whether hatred or prejudice was the basis of discriminatory events. The research of a person who commits criminal offences in the field of discrimination plays an important role not only in the formation of a mechanism for combating discrimination, but also for its prevention. It is noted that the structure of the perpetrator’s personality includes: social characteristics of the perpetrator’s personality and biosocial characteristics. It is revealed that in criminal proceedings in the field of discrimination it is important to correctly identify hate crimes, to identify the motives of intolerance, and to have special skills of effective interaction with victims of this category of crimes. Attention is drawn to the need for a thorough investigation of the victim’s identity, in particular, the features that make him or her a vulnerable category in terms of discriminatory practices and the presence or absence of a relationship between the victim and the suspect.