PHENOMENOLOGY OF POSTǧ CRIMINAL EMOTIONAL FEELINGS

Abstract

Post-criminal emotional feeling should be considered as an initial psychological reaction on perpetration of crime committed by perpetrator himself. They are immediately following the blameful psychological process and preceding conscious and fi nal self-evolution of behavior; Although by virtue of their unconscious nature are infl uential to the further course and essence of post-criminal behavior. Post-criminal emotional feelings in the above meaning should be strictly differentiated on the one hand from the psychological feelings before and after committing the crime; On the other hand – from post-criminal behavior as a whole. Last one can be manifested in voluntary surrendering, confession of guilt, repentance etc. Post-criminal emotional feelings do not belong in senso stricto to the structure of criminal behavior as such. Nonetheless they play signifi cant role in solving many criminological, penological, penitentiary, procedural and judicial issues. Most fruitful it seems in penal law where it fi rst was fecundated and in which it is applicable to quite wide context of theoretical and practical issues. To the study of post-criminal emotional feelings is closely related corresponding retrospective method of scientifi c research as a something supplementary to the prospective method – from conditions and reasons to the perpetration of crime. In our case it moves reverse – from committing the crime to the conditions and reasons of its perpetration.