GENDER-RELATED FACULTATIVE CHARACTERISTICS OF THE CRIME SUBJECT

Abstract

The article thoroughly analyzes aspects related to the facultative characteristic of the subject of the crime, that is, the gender factor, using the example of women who have committed crimes. The study highlights statistical indicators of crimes committed by women, the dynamics of their growth, and their state by region. At the same time, the scientific views of scientists on the characteristics of female criminals were analyzed, and the causes of crimes committed by women were studied in connection with social, psychological, and biological factors. The author notes that in the Criminal Code and judicial practice there are a number of mitigations in sentencing women; on the contrary, the commission of a crime against a pregnant woman is assessed as an aggravating circumstance. Analysis shows that when applying punishment to women, optional gender characteristics and socio-legal features are taken into account, which serves to ensure social protection simultaneously with the principle of equality in criminal legislation. In examples of judicial practice, the fact that the person who committed the crime is a woman was assessed as a mitigating circumstance in sentencing. At the end of the study, it was emphasized that when analyzing female criminality, it is necessary to take into account their physiological, psychological, and socio-legal characteristics, as well as the importance of taking into account the role of family stability and the upbringing of children in sentencing.