Aukos ir nusikaltėlio inversija: viktimologinė analizė

Abstract

The conception of the victim-offender inversion is presented in this paper. The kinds, types of the inversion and its classification are described. The victimological analysis of the forms of the inversion is done.
The aim of this paper is to analyze the victim-offender inversion as a dynamic phenomenon and as a result of the interaction (or even synthesis) of the criminalization and the victimization processes. An obvious inversion of the valuable positions and attitudes proceeds in Lithuania and this determines the social deformation of the society.
The victim-offender inversion analysis carried out confirmed the inversion was an individual subject of research and a part of victimology. The victimological analysis of the victim-offender inversion specifies the problematic areas, which requires more complex research from the point of view of the different law and social science positions, i.e. penitential and criminal law, psychology, etc.
It should be emphasized that an inversion which is described in victimological context supposes not only visible conscious changes of the positions, roles, but unrealized, hardly predictable, comprehensible and fixable processes of person‟s victimization.
The phenomenon of inversion shows itself in various forms. Several manifestations of inversion are available in one victimological situation. These are especially complicated and complex conflict situations. As practice shows the criminal justice institutions are not able to solve these situations. In particular cases the parties them selves object this.
Analysis of the criminal cases and surveys of the crime victims show just 1/10th of all cases where interaction between parties arise are investigated rightly. The crime victim-offender interaction is especially dynamic if both parties take both, the role of the crime victim and the role of the offender, within some time in one conflict situation.
The following factors characteristic to the cases of inversion (most of the cases) were distinguished:
- parties of interaction are related by close, daily, mostly conflictive or opponent relations, both episodic and everlasting;
- parties of interaction are the family members, relatives, friends or partners;
- parties of interaction live together in one flat or house, either they own the same property or they are neighbors;
- there is a direct causative relation between the victimological event the person have experienced and his/her illegal actions that have appeared to be stimulative ones;
- excessive drinking is characteristic to one interaction party or both of them. During the victimological event one interaction party or both of them are drunk. This fact influences an upshot of the situation respectively;
- the roles of the interaction parties are not constant and static. They vary very rapidly. Several complicated social roles can be characteristic to the same person.
The crime victim-offender inversion can be discussed from different positions and in various levels. It is possible to treat the inversion as an episodic phenomenon in interpersonal relations; in isolated cases it can be treated as an accidental phenomenon, in other cases – as social process or phenomenon.
Depending on the sequence of the roles transition the following types of inversion ca be distinguished: a) crime victim -> offender, b) offender -> crime victim, c) crime victim -> offender - crime victim, d) offender -> crime victim -> offender.
Depending on the number of interaction participants the following types of inversion can be distinguished: a) “monoinversion” – these are the cases when the roles of the crime victim and the offender go together in the same person; b) interaction inversion – these are the cases when several persons (invertors) take part in inversion; appropriate relations, contacts or physical contact are between the interaction parties but their context is not emphasized – just the fact about the participants of interaction, the interaction parties but not individual person.
Depending on the circumstances of the origin of inversion the following types of inversion can be distinguished: a) “spontaneous-casual inversion” – these are the cases when the person suffers himself/herself and originates negative effect because of his/her negligence, b) “voluntary-non-casual inversion” – these are the cases when the person realizes an essence of his/her actions and starts acting.
There can be various forms of the crime victim-offender inversion. Therefore their classification according to the united criteria is complicated. The following inversion types (typology) can be distinguished:
- accumulative inversion,
- inspired inversion,
- inversion in the cases of self-defense and its transcendence,
- inversion in the cases of revenge, jealousy,
- cyclic inversion,
- repetitive inversion,
- situations of crime victim-offender inversion,
- seeming inversion,
- invisible inversion,
- unrealized inversion.