Influence of personal characteristics on crime and punish ability of the criminal act

While carrying out the fight against crime, it is important to determine the correct limits andmeasure of criminal and legal impact. The article solves the difficult practical and theoretical problem of accounting for the data characterizing the identity of a perpetrator and the circumstances of a crime, not indicated as the signs of incriminated corpus delicti, for a legal assessment of the act and application of the measures of criminal and legal nature. The criminal law, on the one hand, consistently requires to assess the social danger of the crime and the identity of the perpetrator independently; on the other hand, the certain qualities of a subject serve as the basis for criminogenic features, taken into account when constructing the qualified corpus delicti. Based on the study of guidelines and the practice on particular cases of the Supreme Court of the Russian Federation, the position is argued according to which the individual personality traits cannot affect the degree of public danger of a certain encroachment, and, consequently, cannot affect the possibility of recognizing it as insignificant. The author summarizes, that the statement of the fact of commission of a crime implies the subsequent consideration of the identity of the perpetrator while individualizing the punishment, as well as deciding whether to release a person from criminal liability or punishment.