The article addresses to the analysis of the mechanism of pre-trial report formulation by the personnel of the probation body, from the psychological point of view, the expediency of collecting and using biographical information in the decision made by the court on the degree of responsibility of the accused is substantiated.
The article highlights the main components of the pre-trial report (the socio-psychological characteristics of the accused, the assessment of the risk of repeated criminal offenses, the conclusion about the possibility of correction without deprivation or restriction of liberty).
The article examines the purpose of formulation of a pre-trial report – assistance to the court in resolving the issue of preventive measure selection and providing recommendations to the court on which options for the person`s corrections can be without imprisonment and the appointment of a probation. It is noted that during the biological material collection, the representative of the probation body should investigate the social environment, its psychological characteristics, as well as the reasons for the crime.
The main psychological views on the place and role of biographical material in the study of personality features are considered. The emphasis was placed on the key events identified in the life’s path of the individual, which could be factors that would encourage the commission of a criminal offense. In general, some cases are presented that contribute to the maladaptation of the individual and what events in a person’s life should be taken into account when analyzing the life`s path of the individual. Socio-psychological situations that have an impact on the formation of unlawful behavior are highlighted: the situation of social or organic inferiority, the situation of promiscuity, the situation of neglect/
Particular importance is given to the participation of the accused in the formulation of the pre-trial report, and the nature of autobiography, as another source of data collection in order to answer the question – from which life`s events and with the help of which mechanisms a specific person is born, and how in the future he builds his own destiny from the subjective point of view. On the basis of autobiography, it is possible to analyze the attitude of the accused to his own unlawful conduct and assess the risk of committing repeated criminal offense.
Key words: probation, pre-trial report, biography, accused, personnel of the probation body.
REFERENCES
- Ukraine (2015), On Probation: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
- Order On Approval of the Procedure for Preparing a Pre-Trial Report (dated January 27, 2017), № 121/29989, available at: https://zakon.rada.gov.ua/laws/show/z0121-17.
- Rubinshtein, S.L. (1989), Fundamentals of general psychology, 2 Vol., Pedagogy, Moscow.
- Fransella, F. and Bannister, D. (1987), New method of personality research, Progress, Moscow.
- Derkach, А. (2004), Acmeology, Registry office, Moscow, available at: https://sci.house/akmeologiya-scibook/psihobiograficheskiy-metod-77228.html (accessed: 27 February 2019).
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