The technology of conducting a forensic psychological examination of a person. Organization of a forensic psychological examination. A. Methods of personality research

1. EIT is a study carried out by an expert on the basis of special knowledge in the field of psychology in order to give an opinion on the circumstances that are important for the correct resolution of the case. At the same time, firstly, the research is carried out on the basis of special knowledge in the field psychological science... Expert psychologist - a person with special knowledge sufficient to give an opinion. Secondly, the law gives evidence to the expert's opinion. It is a written communication from an expert on the progress and results of his research and on the conclusions on the questions posed to him. The expert by his opinion helps the preliminary investigation and the court to find out the factual circumstances of the case without going into their legal assessment. Thirdly, the preparation, appointment and implementation of the EIT is carried out in compliance with a special legal regulation, which determines, along with the research procedure, the procedural rights and procedural obligations of the participants in the process.

There are various classifications of EITs. There are examinations that can be carried out on an outpatient or inpatient basis, by a commission of experts or by one specialist. According to the procedural status, the examination is divided into primary, repeated, additional. According to the procedural position of the expert, there are examinations of the accused, witnesses, victims, etc.

According to the specifics of the subject of PPE, the following main types are distinguished:

1) Establishment of affect and other emotional states that can have a significant impact on the subject's ability to consciously guide his behavior in the studied situation. It can be carried out both in relation to the accused and in relation to the victims.

2) Investigation of the individual psychological and personal characteristics of the accused, whether he has properties that are significant in relation to a specific act and the solution of the issue of the individualization of punishment. This also includes the definition of psychological motives for specific criminal behavior.

3) Determination of the ability of the witness and the victim to correctly perceive the circumstances of importance in the case and to give correct testimony about them.

4) Establishing the ability of the rape victim to understand the nature and meaning of the actions performed with her and to resist.

5) Establishing the ability of a minor accused, a defendant with mental retardation not associated with a mental disorder to fully realize the actual nature and social danger of their actions, or to direct them.

6) Establishment of the mental state of a person who committed suicide.

7) Investigation of the psychophysiological qualities of the subject, the specifics of his mental state in conditions of neuropsychic stress, due to the extreme nature of the emergency.

8) Examination of reasonable risk.

9) Expertise of extreme necessity.

10) Examination of moral damage.

And also a number of others.

There are examinations in cases of invalidating transactions with vices of will, examinations in cases arising from legal obligations and examination in cases of disputes about the right to raise children.

EIT is carried out on the basis of appropriate methods, and these methods must ensure the reliability of the examination data, must be scientific. Moreover, these methods can be both widespread and developed by the expert himself. When conducting PPE, the following basic research methods are used:

1) Method of observation. Allows you to study the behavior of an expert in natural conditions in the process of communication, study, work. This method is of an episodic nature and is performed in conjunction with other techniques.

2) The method of natural experiment. Quite often it is carried out as part of an investigative experiment.

3) Laboratory experiment. Allows you to systematize, objectify the observation of an expert. It is very rare due to the lack of laboratories and equipment. Provides for special printing research.

4) Method of conversation (question-answer method). With its help, the subject's attitude to various aspects of life, norms of behavior, moral principles, etc. is revealed. This method should be applied only after studying the case materials and, accordingly, the expert should prepare a conversation plan.

5) The method of psychological psychology. Includes a description of the subject's life.

6) The method of studying the materials of the criminal case. This method provides for the familiarization of experts with the documentation, letters, testimony of the accused. It is extremely important. For some categories, EIT is the only possible method. An important point the organization of this method is the preparation of materials containing psychological information about a person's personality, sent for examination. This task lies with the investigator himself. These materials can be divided into 2 categories: containing general psychological information about the subject and containing information about the mental state of the subject in a criminal situation or his psychological characteristics manifested at a certain moment. The first category includes data on the conditions of development, upbringing, character traits, habits, stable behavior skills, on typical forms of emotional responses to various events, on a person's interests, on his life plans, relationships with other people, and ways of resolving conflicts. Information about this can be contained in the characteristics from the place of work / study (if they are not formally drawn up, but essentially). It is desirable to obtain such information that not only persons directly related to the fact of the crime were interrogated as witnesses, but also those who knew the person well and communicated with him a lot. For the study of the 2nd category, the testimony of witnesses who observed a given person immediately before the event, during the event or shortly after it is of great importance. From the words of eyewitnesses, it is possible to establish how the situation developed, what actions the subject did, what he said, how consistent and purposeful his actions were, special attention should be paid to such details as appearance, features of speech, behavior. The person sent for examination will be further questioned about how he felt at different moments. Such a self-report can also be attached to the case file, it can be very informative in psychologically... The investigator must provide information about the method, the instruments of the crime, data from the inspection of the scene of the incident, the conclusion of the SME on the number, severity, nature, localization of damage inflicted on the victim. Thus, the investigator must prepare any materials in which, in one form or another, data that have psychological content or that can be psychologically interpreted by an expert are included.

7) Testing method. Specially designed tasks are used, tests to assess memory, thinking, emotional-volitional sphere, personality traits subject. This method is quite common. Testing methods use a set of standard questions and tasks that have a specific scale of values. In the most general form, tests are divided into psychometric and projective, individual and group. The limitation of test methods mainly comes down to 2 circumstances:

Lack of self-esteem of the subjects;

Installation effects (simulation, dissimulation, agravation).

To minimize these factors, it is first of all necessary to construct the questionnaire in such a way that the questions sound neutral, masking their purpose and avoiding value categories. A set of techniques psychological research is not exhaustive, since each specific case and each subject requires an individual approach, and, accordingly, an individual set of methods. However, every peer review should include:

Analysis of the situation that led to the commission of certain actions;

Analysis of stable individual psychological characteristics of the subject;

Analysis of the psychophysiological state of the subject at the time of performing certain actions;

Analysis of the actions, behavior of the subject in a given situation (purposefulness, expediency, consistency, adequacy of the situation, the adequacy of the psychological characteristics of the subject);

Analysis of human behavior after the situation;

Analysis of the subject's subsequent attitude to his actions.

The results of an expert study must be reliable, verifiable and available for evaluation by investigators and the court.

49, 51, 52, 53. Forensic psychological examination in criminal proceedings: questions for setting, reasons for appointment. Forensic psychological examination of minors. Forensic psychological examination in cases against sexual inviolability and facts of sexual violence. Forensic psychological examination of suicidal behavior.

The reasons for the compulsory appointment of judicial psychological examination and posing questions before a forensic psychological examination

Before the appointment of a forensic psychological examination, it is necessary to clearly establish the reason for its appointment, i.e. to reveal the facts indicating the need for this examination. Let us first consider the reasons for the mandatory appointment of a forensic psychological examination.

1. A forensic psychological examination is appointed in connection with the mental retardation of a minor accused. This examination can be appointed only after a forensic psychiatric examination and in the presence of individual mental deviations in the behavior of a person, indicating a possible lag in mental development. At the same time, neither pedagogical neglect, nor low academic performance are indicators of a lag in the mental development of a minor.

Signs of a lag in the mental development of a minor are:

infantilism of behavior and thinking (inconsistency of actions and judgments with the age level of a person, their childishness), inability to make independent conclusions;

inconsistency of motives with the content and goals of actions;

violations in the purposefulness and criticality of behavior;

inability to socially correct behavior.

In the presence of all these signs or one of them, an order may be issued to conduct a forensic psychological examination, in which specific questions should be raised, approximately in the following wording:

whether this person has deviations from the normal level of mental development for a given age and how they are expressed;

Is it possible, on the basis of psychology data, to conclude that the deviations in mental development of this person prevented him from fully (or partially) realizing the significance of his socially dangerous actions;

to what extent could the person direct his actions? Before a forensic psychological examination, the question cannot be raised: normal level What is the age of the actual development of this person?

The mental development of a mentally retarded minor is fundamentally different from the normal level.

2. A forensic psychological examination is appointed to reveal the person's ability to correctly perceive the circumstances essential for the case and to give correct testimony about them. The investigator (judge) must know the possibilities of a forensic psychological examination in this area.

Forensic psychological examination can establish the individual characteristics of the psyche: the level of absolute and differential sensitivity, the peculiarities of color perception, the volume of perception, the peculiarities of the perception of time, movement and spatial qualities of objects and phenomena (proportions of parts of objects, their spatial orientation, size, shape, distance, features of the relief etc.).

Memory, thinking and imagination of a person, such Personality features as suggestibility, a tendency to fantasize, have a wide range of individual differences. People with heightened suggestibility are prone to false recognition, various suggested additions to their ideas.

The competence of the forensic psychological examination does not include the establishment of the influence of specific conditions on the possibilities of perception.

The forensic psychological examination should be asked questions related to the identification of specific mental anomalies in individuals that are significant for a criminal case. For example: does this person have severe deviations in the perception and understanding of certain phenomena, does the person have increased suggestibility, can his weak mental development cause distortion of transmitted information, etc.

The forensic psychological examination should not be asked questions related to the diagnosis of false testimony. (For example: did the person actually identify the presented object or did not identify it; does his testimony correspond to actual events?) A forensic psychological examination is not an examination of the reliability of testimony. (Establishing the truth or falsity of testimony is the professional task of the investigator, but at the same time he, of course, must have the appropriate psychological knowledge.)

When investigating crimes related to rape, an expert psychologist may be asked questions related to establishing the helpless state of the victim. (This is a qualifying sign of this corpus delicti.) The state of helplessness has different manifestations and can be caused by different reasons: general physical weakness, illness, alcohol intoxication, the inability to freely express the will, young age, inability to correctly assess the situation, etc.

Before the forensic psychological examination in such cases, two questions can be posed:

whether the victim in the relevant situation was in a state of helplessness;

whether the victim, being in such a state, could be aware of the nature and significance of the actions performed with her.

The question should not be raised: could the victim have resisted the culprit? Unresistance to circumstances does not mean agreement with these circumstances, their acceptance. Helplessness is a state that makes it impossible to resist. Lack of understanding of the nature of the actions performed is one of the manifestations of helplessness. It can be due to a number of circumstances:

chronic mental illness;

a temporary abnormal state of mind at the time of sexual intercourse with the victim (due to a somatic illness, a state of frustration, passion, stress);

lagging behind in mental development;

age and personal characteristics of the victim.

The circumstances of the first type are established by a forensic psychiatric examination, and the circumstances of the second type are established by a medical and psychological examination. Circumstances of the third and fourth types - by a forensic psychological examination.

The victim's puberty should be established by a comprehensive medical and psychological examination (the concept of puberty includes socio-psychological components). Expertise on sexual crimes is the most widespread type of forensic psychological expertise5.

The reason for conducting a forensic psychological examination in connection with the affect is the presence of signs of a sudden emotional overexcitement, expressed in an impulsive criminal action directly behind the unlawful actions of the victim.

As already noted, a state of passion is a suddenly arising short-term state of extreme mental overexcitation, characterized by disorganization of consciousness. Affect occurs as a result of exposure to superstrong stimuli or as a result of long-term accumulation of traumatic influences. Affect arises in acutely conflict situations and at the same time disintegration, “disintegration” of consciousness occurs. But, as noted by the famous psychiatrist P. B. Gannushkin, in order for feelings to prevail over reason, it is necessary that the mind be weak.

Narrowing of consciousness during affect is associated with a sharp decrease in a person's ability to consciously direct his actions. Taking this into account, the law recognizes strong emotional disturbance as a circumstance mitigating responsibility, or a circumstance that affects the qualification of the corpus delicti.

The psychological structure of affect is a narrowing of consciousness, a sharp activation of subconscious, impulsive actions, blockade of volitional control of behavior. The ultimate goal remains outside the sphere of clear consciousness - it arises spontaneously, is unconscious.

One question is posed before the forensic psychological examination: was the person at the time of the unlawful act in a state of physiological affect, provoked by the unlawful actions of the victim? Since the physiological affect cannot be reproduced again, its expert study is carried out by retrospective analysis - the analysis of residual, trace phenomena.

The materials of the criminal case submitted to the expert psychologist must be sufficient:

to analyze the personality traits of the accused,

to determine the causes of the affect,

to determine the initial moment of occurrence of a given emotional state in a situation of interaction between the accused and the victim,

to reconstruct the dynamics of development and extinction of this state.

Reasons for the optional (optional) appointment of a forensic psychological examination

Along with the considered four groups of reasons for the mandatory appointment of a forensic psychological examination, there are three groups of optional (optional) reasons for the appointment of this examination.

1. Appointment of a forensic psychological examination to establish the authorship of a written document on psychological characteristics (psychological and linguistic examination).

Written documents are one of the essential objects of research in legal proceedings. Not only handwriting, but also psychological and linguistic expertise can be assigned.

A written document can be drawn up by a person not of his own free will, but under compulsion - under the dictation of another person. At the same time, the document bears "traces of the psyche" of this person, signs of his personal speech characteristics. The examination of these signs is carried out by psycholinguistic experts (or jointly by psychologists and philologists). The positions, orientations, the dominant direction of the author of the written text, his emotional-expressive and semantic-stylistic features (the nature of the content of the text, its lexical, stylistic and constructive features, social, age, national, regional characteristics) are revealed.

In speech, a unique, individually peculiar complex of mental characteristics of an individual is manifested - a verbal stereotype. The psycholinguistic examination may be asked questions about the authorship of not only a written document, but also a speech recorded on a magnetic tape.

Signs of speech in this type of examination are grouped on a number of grounds: semantic and grammatical (choice of words and constructions, expressiveness, correctness and organization of the text), categorical (professional, social, territorial, national and age characteristics). When analyzing oral speech- and for sound reasons.

Psychological and linguistic expertise is also guided by value orientations and a number of other personal qualities of the performer of the text. The manifestations of abnormal mental states are also taken into account: the continuity of speech in case of logorie, deformation - in case of disorder of thinking, perseveration7, obsession with images - in psychosis.

2. Appointment of a forensic psychological examination to establish a non-pathological mental state of a person predisposing to suicide.

In accordance with the criminal law, an attempt by a person to take his own life does not entail criminal liability. But those guilty of driving a person to suicide bear strict criminal responsibility. The main signs of this crime are the dependence of the victim on the accused (suspect), cruel treatment with him, systematic humiliation of his human dignity, systematic persecution, and slander.

Suicide (suicide) is an extraordinary, tragic act in a person's life, in which circumstances traumatizing the psyche in their power surpass the strongest human instinct - the instinct of self-preservation.

Suicides are committed against the background of two types of acute conflict mental states - deep depression caused by the collapse of basic personal values, the loss of the meaning of life, subjectively interpreted by the hopelessness of the situation or as a result of a sudden affect, frustration associated with a personal emergency situation. Suicide can also be caused by the long-term accumulation of negative emotions in extremely unfavorable living conditions, as a result of psychopathization of the personality (in these cases, a complex psychological and psychiatric examination is prescribed).

The study of the mental state of the individual in cases of completed suicide is extremely difficult. The conclusion of a psychological examination in these cases is usually probabilistic in nature. However, this examination is essential to verify the version of the staged suicide.

Thus, an investigation was conducted in the complex case of Mr M., who was charged with poisoning his wife. The accused categorically denied the crime and attributed the death of his wife to suicide. He said that his wife, upon learning of his intention to go to another woman, was shocked, was in serious condition and repeatedly threatened to commit suicide if M. left the family. Moreover, the accused claimed that his wife attempted twice on her life.

The investigation was interested in the question of whether the mental state of the deceased in the last weeks and days before her death was in fact predisposing to suicide.

It was known that M.'s wife had never suffered from mental illness, and no one noted any oddities in her behavior. Therefore, there were no doubts about the mental health of the deceased, and a posthumous forensic psychological examination was ordered.

According to the expert's conclusion, the condition of the deceased in the last period of her life did not predispose to suicide. The expert's conclusion was based on the results of an analysis of a large amount of factual material. The dynamics of the development of the mental state of the deceased, its gradual change, in particular the overcoming of the internal crisis that took place in a certain period, was revealed. The expert showed the dependence of the mental state on the content of the needs and motives of the activity of M.'s wife, determined the place of the motive for keeping the family in the general structure of the motivational sphere of this woman.

The conclusion of an expert psychologist was used in the indictment as one of the strong evidence refuting the defendant's version that his wife had committed suicide.

Forensic psychological examination in the investigation of incidents involving the use of technology.

When investigating incidents related to the use of technology (road, aviation, railroad, water transport accidents, industrial accidents), in a number of cases, an engineering and psychological (technical and psychological) examination is assigned.

The investigator (judge) needs some engineering and psychological knowledge. It is only on their basis that specific questions can be posed to an expert. Engineering psychology studies:

psychophysiological characteristics of the operator's activities: patterns of receiving information, storing and processing it, making management decisions, etc.;

problems of designing the system "man - machine" taking into account the "human factor" (design of a workplace, means of displaying information and controls, engineering and psychological assessment of the system "man - machine";

problems of professional selection based on the system psychological characteristics specific camera professions.

A person carrying out labor activities using technical means, bringing these means into action on the basis of an information model and using controls, is called an operator in engineering psychology (pilot, driver, machinist, control panel operator, etc.).

The combination of mental and anthropometric properties of the operator, which determines the efficiency of use technical systems is called the human factor.

In some cases, the operator does not directly perceive the real results of his actions. Information about the state of the control object is transmitted to it through the system of technical means - the operator forms an information model of the control object, which is correlated with the conceptual model of the controlled system.

The main mental components of the operator's activity are images - goals, operational images, predicting the course of events and making decisions when the system deviates from a given goal. With an increase in the speed and complexity of production processes, the requirements for the speed and accuracy of the operator's mental reactions increase, and the process of making managerial decisions becomes more complicated. All this leads to an increase in the neuropsychic tension of the operator's work. In this regard, the reliability of the operator is of particular importance - his ability to make the right decisions in a timely manner in conditions of neuropsychic tension. The investigator should keep in mind that the tension in the operator's work is assessed on the basis of the maximum permissible standards of activity.

The permissible information load of the operator is determined by the load factor, the period of employment, the length of the information queue, the time that information is being processed, and the speed of its arrival.

In the "man-machine" system, four aspects of the human factor are distinguished: biological, psychophysiological, mental and socio-psychological. Each of these factors has a number of components. Of these four human factors of the "man - machine" system, the biological factor is the object of a medical and biological examination, the other three factors are the object of a forensic psychological examination.

When investigating accidents and disasters, it is very important to distinguish between errors associated with the "human factor", from negligence, criminal negligence and arrogance. Operator errors can be committed as a result of a mismatch of equipment and working conditions with the psychophysiological capabilities of a person. Operator errors increase with the complexity of his work. The investigator needs to have an idea of the levels of complexity of human activity.

Let us give a general scale of the complexity of activities depending on the complexity of the tasks of managing a technical system:

simple discrete response to a single signal;

changing response to a sequence of single signals;

a single discrete response to multivalued signals requiring selection, evaluation and decision making;

consistent reactions to ambiguous signals that require selection of assessment and decision making;

a system of reaction to randomly changing signals that require extrapolation, interpretation and decision-making;

complex reactions to complex signals, including coordination of actions of several operators.

The work of operators of complex technical systems is carried out at 3–6 levels of complexity. So, the work of pilots is mainly associated with solving problems of the sixth level of complexity.

The likelihood of erroneous actions increases significantly under the influence of a number of negative conditions of activity:

limiting the time allotted for the task;

uncomfortable working conditions (abnormal temperature conditions, exposure to vibration, limitation of the operator's mobility, restriction of his actions, physical overload);

negative emotions in extreme situations;

long-term operation with maximum load;

shortcomings in the organization of joint actions, poor conditions for verbal communication.

All of the above factors should be taken into account when an expert forensic psychological study of the operator's erroneous actions.

To analyze the possible erroneous actions of the operator, the investigator must have an idea of the psychological structure of the human operator's activity in the "man-machine" system, the stages of the human operator's activity, and the mental content of these stages (see table).

When investigating incidents involving the use of equipment, it is necessary to take into account the psychophysiological capabilities of the operator.

All information display and control devices must comply with a number of ergonomic requirements stipulated by the relevant GOSTs.

Devices and signaling elements should be grouped according to their function or relation to individual controlled units, the most significant elements should be highlighted in size, shape and color. Perceiving and processing information, the operator spends time on this. Since this time can be of significant importance in the investigation of incidents, here are some data: signal detection - 0.1 sec. fixation of the object with the eyes - 0.28 sec. identification of a simple signal - 0.4 sec. reading of the dial gauge - 1 sec. perception of a figure or transparency - 0.2 sec. perception of a seven-digit number - 1.2 sec. When investigating incidents involving the use of technology, the time of the operator's sensorimotor reaction is of particular importance.

Reaction time - the interval from the moment of presentation of any stimulus to the beginning of the response. Operator reactions can be simple (to a single signal) and complex (to a number of signals and their complexes).

The reaction time to stimuli of different modality is different. The shortest reaction time is obtained in response to auditory stimuli, the longer ones - to light stimuli, the longest - to olfactory and tactile stimuli. In case of critical overloads, the light signals must be replaced by acoustic ones. The reaction time also depends on the intensity of the signal, the attitude towards the perception of the signal and the complexity of the reaction.

The time of complex sensorimotor reactions is several times longer than the time of simple reactions. The time of complex reactions is calculated using the following formula: BP (ms) = 270 p (n +1), where n is the number of possible alternatives.

In investigative practice, in addition to the reaction time, it is also necessary to take into account the time of movement of the organs of the human body and the time of interaction between the operator and the controls.

The reaction time of persons aged 40-50 years increases significantly (1.5 times).

So, the psychophysiological performance capabilities of a person are limited by a number of factors.

At higher, intellectual levels of the operator's activity, even more complex psychological problems arise, associated with the patterns of memory, thinking and decision-making.

The main characteristics of the operator memory are:

the amount of information stored;

memorization speed;

duration of preservation;

completeness and accuracy of reproduction;

ready to play.

The operative memory of the operator is especially intensively loaded (saving the current rapidly changing information). The average amount of RAM is 7 ± 2 characters. A person can stably memorize changing data of no more than two simultaneously occurring processes.

The main functions of operational thinking: decision making, action planning, solving operational problems. In the course of operational thinking, the operator transforms the images of the perceived signals into a dynamic image - the state of the controlled object. In case of unforeseen deviations of the controlled object from the normal mode of operation, when the usual methods of regulation are unsuitable for bringing the system to the required state, it becomes necessary to quickly solve operational non-standard tasks.

Common framework solving various problems of managing a technical system is the isolation of typical situations in a given technical system and the establishment of an appropriate order of actions for a given situation. The structure of decisions changes dramatically depending on the usual or conflicting nature of the situation. So, air traffic control in the aerodrome zone, when two aircraft of the same type follow a parallel course and go to land, requires the adoption difficult decision, but this situation does not yet contain inconsistency, conflict. The situation acquires a conflicting character when two aircraft of different types are on a parallel course at different speeds, especially if they go with a short time interval and must be taken to the same landing strip. However, this situation is also solvable, it bears the so-called "regular character". The greatest difficulties arise when the situation acquires a critical ("abnormal") character: a conflicting pair of aircraft following a collision course in the same echelon. At the same time, the usual procedure for the actions of pilots and air traffic controllers is sharply violated. The increased danger can cause stress reactions, state of shock.

The operators of all technical systems must have criteria for the "degree of threat" when assessing different types conflict situations... Large mental stress is also associated with situations when performing actions are performed in conditions with a delay. feedback when the operator learns about the results of the action after a long period of time (control of large-tonnage ships, manipulation of radioactive elements). The organizer of technological and managerial processes also solves difficult problems. Sometimes situations arise here that exceed the capabilities of perception, memory, thinking.

Engineering and psychological expertise is necessary in the investigation of some road traffic accidents (RTA).

Under the same conditions, some drivers are more likely than others to be responsible for road accidents. Among the essential for traffic safety, the mental qualities of the driver should be highlighted: features of attention (volume, distribution, switchability), features of decision-making in extreme situations, psychodynamic personality traits, characteristics of the individual's psychomotor reaction.

Most of the erroneous actions of drivers are associated with a non-optimal driving strategy. The driving style of vehicles must be considered as a manifestation of the general lifestyle of the individual - "the driver drives the same way as he lives." Inadequacy of the driver's actions in the road traffic situation is the main cause of road accidents. This inadequacy of the driver's behavior is due to such psychodynamic qualities as impulsivity, the use of risky tactics (high speed, turns without slowing down, short distance, frequent lane changes, failure to signal maneuvers). The risk tactics of these persons are associated with neglect of the danger, the interests of other persons.

A significant part of road accidents is associated with the driver-pedestrian relationship and, above all, with their predictive capabilities. The number of possible violations of traffic rules by a driver is 5 times greater than that of a pedestrian. And yet, as the researchers note, many people behind the wheel show less judgment than outside the car, increased impulsivity and aggressiveness, learn from experience more slowly, and repeat mistakes more often.

The decision-making by the driver according to his schematic organization is the same as that of the operator controlling the technological process:

discovery of the source of information;

her perception;

analysis of information;

development of solution options;

executive actions to implement the decision.

At each of these stages, typical mistakes can be made.

Analysis of the behavior of drivers who caused an accident shows that many of them either do not perceive significant changes in a traffic situation, or do not take adequate decisions in this regard. In this case, the visibility and recognizability of road signs and objects located on the carriageway are essential.

The visibility of a sign is its discrimination without identification (the sign is visible, but what it prescribes is not discernible). Recognition of a mark - its identification, recognition. Psychological studies show that in very good daylight (10,000 lux) and in good road conditions, road signs are visible at a distance of 750 m.

The recognition of different road signs is not the same. Here is the corresponding table.

Placing a sign below, above, or away from its optimal position reduces its legibility. Sometimes road conditions contribute to the emergence of visual illusions, there is a violation of the constancy of perception. So, the side slopes "narrow" the road, the horizon line - "widen". When overtaking at high speed, the road seems narrower to the driver and he subconsciously makes a greater deviation to the right.

Constant reflection of the road, reflections of the chrome bumper of the vehicle in front, the light of its rear lights, etc. can cause significant fatigue, decreased neuropsychic activity. With long-term monotonous conditions of movement, attention sharply weakens - a "blind spot of vigilance", "road hypnosis" appears. (Monotonous, insignificant long-acting stimuli cause, according to the teachings of I.P. Pavlov, protective inhibition.)

When investigating complex technical incidents, as a rule, a comprehensive technical and psychological examination is required.

The competence of forensic psychological expertise in cases of disasters and accidents at work and transport include:

establishing the presence or absence of the subject at the time of the incident of manifestations of extreme mental stress;

the establishment of the limits of the psychophysiological capabilities of a person, their compliance with the requirements that arose at the time of the incident;

the establishment of violations of engineering, psychological and ergonomic requirements for the means of indication (display of information) and control mechanisms of the technical system.

The reason for the appointment of a forensic psychological examination in cases of transport and industrial accidents may be the assumptions that arose during the investigation that the requirements of an emergency situation exceeded the individual psychological and professional capabilities of the persons operating the equipment. In this regard, expert psychologists may be asked the following questions:

whether the subject was in a conflicting mental state at the time of the specific actions (stress, frustration, etc.);

how could this condition affect the performance of professional functions ?;

do the mental capabilities of the examined person correspond to the requirements of the incident situation ?;

whether there were any ergonomic deficiencies in the corresponding technical means that led to the erroneous actions of the operator.

Only a qualified expert study of the "human factor" in human interaction with technology can ensure the implementation of the principle of responsibility for guilty behavior and the principle of fairness of punishment.

Forensic Psychological Expertise (PEA) - one of the types of forensic examinations and, therefore, - one of the means of establishing the truth in legal proceedings, a source of evidence. The subject of a psychological examination is to find out the possibility of the interrogated linden due to the individual characteristics of the course mental processes adequately perceive, keep in memory and reproduce information about the facts to be proved.

The EIT examines the features of the psyche, victims and witnesses, which are essential for a criminal case.

The competence of an expert psychologist includes:

1. determination of affective states, which, if they are caused by the unlawful actions of the victim, either are a mitigating circumstance, or determine the privileged qualification of certain corpus delicti;
2. the study of other conditions that determined the special nature of a person's behavior at the time of the commission of a crime (in addition to them, a state of overwork, severe fear, great grief, depression, etc.) can be attributed to them.

Difference from forensic psychiatric examination:

- EIT examines mental manifestations that do not go beyond the normal, i.e. non-pathological.

The possibilities of EIT are limited by the current level of development of psychology, its diagnostic methods and procedural requirements.

The limits of the possibilities of EIT are determined by the basic principle - the principle of scientific objectivity, it can only resolve those issues that are associated with mental phenomena that are subject to objective analysis.

The EIT is not competent to resolve issues of legal content: to determine the reliability of testimony, the motives and goals of a criminal act, to establish the form of guilt, etc.

EIT should be carried out using modern scientific and psychological methods. The results of the expert study must be reliable, verifiable, available for assessment by the investigator and the court.

The main task of EIT is scientifically grounded diagnostics (from the Greek "diagnos" - to recognize) non-pathological legal psychological anomalies.

Tests used for forensic diagnostics must be valid and highly reliable. Validity (from the Latin "valid" - suitable, having force) is the suitability of the test for measuring the revealed mental characteristics, its adequacy. Among psychodiagnostic tests, intelligence tests, tests, etc. are especially widely used.

The expert psychologist does not provide a legal assessment of the circumstances under study.

The impossibility of obtaining the necessary information or a precise answer must be justified. If an unambiguous answer is not possible, then it can also be probabilistic.

The conclusion of the EIT can be assessed by other participants in the criminal process, who may apply for a re-examination.

Only a specialist with a higher psychological, pedagogical or medical education can be appointed as an expert psychologist. Refusal to conduct an examination should be accepted if the questions posed to the EIT do not correspond to the professional specialization of the person.

And the duties of an expert psychologist are the same as the rights and duties of all forensic experts - they are determined by law (for example, Article 57 of the Criminal Procedure Code of the Russian Federation). In his cognitive activity, the expert is independent and independent.

Grounds for appointing a PPE

The reasons for the mandatory appointment of a forensic psychological examination include (Article 196 of the Code of Criminal Procedure of the Russian Federation):

1. if it is necessary to establish the mental or physical condition of the suspect, the accused, when there is doubt about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings;
2. if it is necessary to establish the mental state of a suspect accused of committing a crime against the sexual inviolability of a minor under the age of fourteen years over the age of eighteen, in order to decide whether or not he has a sexual preference disorder (pedophilia);
3. if it is necessary to establish the mental or physical condition of the suspect, the accused, when there are reasons to believe that he is sick;
4. if it is necessary to establish the mental or physical condition of the victim, when there is doubt about his ability to correctly perceive the circumstances that are important for the criminal case, and to give evidence;
5. if it is necessary to establish the age of the suspect, the accused, the victim, when it is important for the criminal case, and the documents confirming his age are absent or in doubt.

EIT, associated with identifying a person's ability to correctly perceive circumstances that are important for the case and give correct testimony about them

SPE can establish the individual characteristics of the psyche, the level of absolute and differential sensitivity, the peculiarities of color perception, the volume of perception, the peculiarities of the perception of time, movement and spatial qualities of objects and phenomena (proportions of parts of objects, their spatial orientation, size, shape, remoteness, relief features, etc.). etc.), peculiarities of pitch differences, etc.

The ability to give correct readings is associated not only with the individual characteristics of sensations and perceptions. Memory, thinking and imagination of a person, such personality traits as suggestibility, a tendency to fantasize, have a wide range of individual differences.

The recognition process is also sharply individualized. People with heightened suggestibility are prone to false recognition, to various suggested additions to their ideas.

The competence of the EIT does not include the establishment of the influence of specific conditions on the possibilities of perception.

The EIT should be asked questions related to the identification of specific mental anomalies in individuals that are significant for a criminal case. Such questions can be, for example:

- whether this person has pronounced deviations in the perception and understanding of certain phenomena,
- whether the person has increased suggestibility,
- can the weak mental development of this person be the cause of distortion of the information transmitted to him, etc.

The ETS should not be asked questions related to the diagnosis of false readings (for example, whether the person was actually identified by the presented object or did not identify whether his readings correspond to actual events). EIT is not an examination of the reliability of the testimony. Establishing the truth or falsity of testimony is the professional task of the investigator (but at the same time, of course, he must have the appropriate psychological knowledge).

EIT in the investigation of sexual crimes

When investigating sexual crimes, an expert psychologist may be asked questions related to the establishment or denial of the helpless state of the victim. This is a qualifying feature of this corpus delicti. The state of helplessness has different manifestations and can be caused by different reasons: general physical weakness, illness, alcoholic intoxication, lack of the possibility of free expression of will, young age, inability to correctly assess the situation, etc.

Before the forensic psychological examination in these cases, two questions can be posed:

1. whether the victim in the relevant situation was in a state of helplessness;
2. whether the victim, being in such a state, could be aware of the nature and significance of the actions performed with her.

The question should not be raised: could the victim have resisted the culprit? Unresistance to circumstances does not mean agreement with these circumstances, their acceptance.

Helplessness is precisely the state that excludes the possibility of resistance.

Not understanding the nature of the actions being taken is one of the manifestations of helplessness. It can be due to a number of circumstances:

1. chronic mental illness;
2. a temporary abnormal state of mind at the time of sexual intercourse with the victim (due to a somatic illness, a state of frustration, passion, stress);
3. lagging behind in mental development;
4. age and personal characteristics of the victim.

Circumstances of the first type are established by forensic psychiatric and forensic psychological examination. Circumstances of the second type - a complex forensic psychiatric and forensic psychological examination or a medical and psychological examination. Circumstances of the third and fourth types - by a forensic psychological examination.

The victim's sexual maturity should be established by a comprehensive medical and psychological examination.

The EIT may be limited in relation to the personal needs of the accused. In these cases, questions are raised about the presence of detention in the mental development of the accused, about possible accentuations of his character.

EIT due to affect

The reason for the EIT in connection with the affect is the presence of signs of an extremely heightened and suddenly arisen emotional overexcitement, manifested in a criminal act directly behind the unlawful actions of the victim.

Explosive impulsiveness, conflict, insubordination of actions to conscious control are the main criteria of affect.

The heat of passion - This is a suddenly arising short-term state of extreme mental overexcitation, characterized by a narrowing of consciousness. Affect arises as a result of exposure to superstrong stimuli or as a result of prolonged accumulation of traumatic influences in the absence of adequate ways of responding to these influences in the personality's behavioral fund. Affect arises in acute conflict situations, and at the same time disintegration, disintegration of consciousness occurs.

To determine the state of passion, one question is posed before the EIT:

- Was the person at the moment of performing certain actions (description of these actions) in a state of physiological affect?

Since physiological affect (as well as other mental states) cannot be reproduced again, its expert study is carried out by retrospective analysis and analysis of residual, trace phenomena.

Forensic psychological examination

A forensic psychological examination is a study carried out by a competent person - an expert - on the basis of special knowledge in the field of psychology in order to give an opinion, which, after its appropriate verification and assessment by an investigator or a court, will be evidence in a criminal case.

The subject of psychological expertise is not to establish the reliability of the testimony of the accused, defendants, witnesses and victims, but to find out the ability of the interrogated person, due to the individual characteristics of the course of mental processes, to adequately perceive, store in memory and reproduce information about the facts to be proved. The need to apply psychological knowledge arises in the process of preliminary investigation quite often, and conducting a forensic psychological examination is becoming more and more relevant, and investigators are increasingly using this type of expert research.

The object of a forensic psychological examination is the mental activity of a healthy person.

At the center of the study is always the personality of the expert (accused, victim, witness).

The forensic psychological examination is incompetent to resolve issues of legal content - to determine the reliability of the testimony, the motives and goals of the criminal act, to establish the form of guilt, etc.

Only a specialist with a higher psychological or medical education can be appointed as an expert psychologist.

Refusal to conduct an examination should be accepted if the questions posed to the examination do not correspond to the professional specialization of the person concerned.

The rights and obligations of an expert psychologist are the same as the rights and obligations of all forensic experts - they are determined by law. In his cognitive activity, the expert is independent and independent.

The competence of the forensic psychological examination includes:

- Establishing the ability of accused minors who have signs of mental retardation to fully realize the significance of their actions, to lead them;
- Establishing the ability of the accused, victims and witnesses to adequately perceive the circumstances relevant to the case and give correct testimony about them;
- Establishing the ability of victims of rape cases to correctly understand the nature and meaning of the actions committed with them and to resist;
- establishing the presence or absence of a state of affect or other non-pathological emotional states (strong fear, depression, emotional stress, frustration) in the subject at the time of the crime committing, which can significantly affect his consciousness and activity;
- establishing the presence of a person who allegedly committed suicide in the period preceding his death, a mental state that predisposed to suicide, and determining possible reasons the occurrence of this condition;
- the establishment of the leading motives in human behavior and the motivation of individual actions as important psychological circumstances that characterize the personality;
- the establishment of the individual psychological characteristics of the expert, capable of significantly influencing his behavior and the formation of his intention to commit a crime;
- establishing the structure of a criminal group on the basis of the available data on the psychological characteristics of the personality of its members, which make it possible to occupy a leading or any other position in the group.

Forensic psychological examination should be carried out using modern scientific and psychological methods. The results of the expert study must be reliable and verifiable - available for verification and evaluation by the investigator and the court. The main task of the forensic psychological examination is scientifically grounded diagnosis of non-pathological, right-significant mental anomalies.

The conclusion of the forensic psychological examination as a source of evidence is set out in writing and in the manner required by law, which provides for its specific form, structure and content. It consists of three parts: introductory, research, final and should be written in understandable language, and scientific terms - explained. The introductory part indicates the time and place of drawing up the conclusion, information about the expert, the legal basis for the examination, the name of the original procedural document.

The questions posed to the examination are also indicated here (without changing possible inaccuracies and terminological errors).

The research part describes all the diagnostic methods, techniques and procedures used, and the protocols for their implementation are attached. The final part provides clear and concise answers to the questions posed.

The impossibility of obtaining information or a precise answer must be justified. If a definite answer is impossible, it can be probabilistic. The answers to the questions posed are the conclusions of the examination. If receiving an answer requires the knowledge of specialists from related branches of science, the conclusion indicates the need for the appointment of a psychological and psychiatric, medical and psychological, engineering and psychological or other expertise. In the conclusion of the comprehensive examination, it is indicated which studies were carried out separately and jointly, and the corresponding results are given. Answers in the final part can be given both for several types of expertise, and separately. The expert psychologist does not provide a legal assessment of the circumstances under study.

The expert can be questioned by the investigator or the court. The expert opinion is subject to their assessment. The investigator, court, other authority or official determines the validity of the conclusion and its importance in the evidence. An unfounded conclusion can be rejected. In this case, a repeated examination is appointed.

The conclusion of the forensic psychological examination can be assessed by other participants in the criminal process, who can also apply for a re-examination.

Forensic psychological examination is carried out not only with the aim of identifying the mental state of the accused, witnesses and victims during the commission of a crime, but also during the entire process of legal proceedings.

The competence of the forensic psychological examination does not include the assessment of the legal signs of the subjective side of the crime, legal qualifications, moral assessment of the personality and behavior of the expert, and the solution of issues of medical diagnostics.

The legal basis for the production of a forensic psychological examination is the corresponding decision of the investigator or the ruling of the court. When appointing a forensic psychological examination, the questions posed to the expert must be correctly formulated. They shouldn't go beyond it. professional competence, in particular, be of a legal nature.

The main function of the questions put to the resolution of experts is to reveal to them the subject of the appointed examination with maximum accuracy and completeness.

It is clear that it is impossible to draw up an exhaustive list of questions, since this would require analyzing all criminal cases, without exception, in which the EIT is not exhaustive and needs to be improved, and the questions proposed to experts for each type of EIT should be considered only as typical ones that need clarification. and concretization. Any psychological research within the framework of a forensic psychological examination consists of the following stages:

- examination by an expert of the questions posed to him and an understanding of the subject of a forensic psychological examination;
- setting tasks of a research nature;
- selection of research methods in accordance with the assigned tasks;
- direct research:
- a) psychological analysis of the materials of the criminal case;
- b) observation of the subject;
- c) conversations with the expert;
- d) the use of instrumental research methods for the individual psychological characteristics of the subject.
- analysis and processing of the information received;
- work with special literature;
- drawing up an expert opinion.

An expert's opinion, along with other factual data, is evidence in a criminal case.

Forensic psychological examination helps to better understand the personality of the accused and the motives of his criminogenic behavior. In order to reduce the mistakes sometimes made by the courts when qualifying crimes, it is advisable to obligatory conduct such an examination in cases of juvenile crimes, with unconscious motives of adult criminals and in the presence of data that give reason to believe that the crime was caused by an affectogenic motive.

With the help of a forensic psychological examination, it is possible to explain the behavior of the accused, to find out his psychological attitude and incentives that prompted him to act.

Experts-psychologists define the motive of criminal behavior as a process reflecting the influence of external and internal factors on human behavior. Their task is reduced to the study of needs, beliefs, mental properties of the individual, the influence of the environment. Taking into account these circumstances, they can give the answer that this motive is alien to a particular person. Thus, a forensic psychological examination is able to give a complete characterization of the personality of the accused, without which it is impossible to establish the legal motive for committing a crime in some categories of cases.

The criminal-legal significance of a forensic psychological examination lies in the fact that it contributes to the establishment of personality traits, which are elements of a crime: age, sudden strong emotional excitement, the helpless state of the victim, the motive for the crime.

Forensic psychological examination is one of the means to ensure compliance with the criminal procedure law during the preliminary investigation and consideration of the case in court. In general, the forensic psychological examination contributes to the disclosure and investigation of crimes.

The data obtained in the course of the expert study also helps to properly organize the process of providing corrective influence on the person who committed the crime. The need to conduct a posthumous forensic psychological examination may arise in the investigation of cases of various categories.

First of all, it is carried out in relation to persons who have committed suicide, when the question arises of the application of Art. 110 of the Criminal Code of the Russian Federation (driving to suicide). In practice, investigations of cases of this category are often carried out by investigators of military prosecutors' offices on the facts of suicides among military personnel.

A posthumous psychological examination can be ordered when checking the facts of a violent death, when the investigation develops versions of a possible murder disguised as suicide, or, conversely, of a suicide disguised as a murder. The conclusion of this examination can also, where necessary, help to distinguish between suicide and death as a result of an accident. With all the variety of conditions that make posthumous psychological examination necessary, its object is always lost person, and experts solve the same problems:

- research of personality, individual psychological characteristics of the deceased;
- study of the mental state of the deceased, in which he was in the period preceding his death;
- deciding whether it was predisposing to suicide.

Experts consider this type of examination to be one of the most difficult and responsible, since experts are deprived of the opportunity to conduct an in-person experimental psychological examination.

The person is no longer alive, but it is necessary to recreate his image, personality, psychological status, to restore and explore the inner world, way of thinking, attitude in order to find out the reasons that prompted him to die, or to state the absence of these reasons.

According to researchers, suicide (suicide) is a consequence of the socio-psychological maladjustment of the personality, when a person does not see for himself the possibility of further existence in the prevailing conditions. investigator criminal court

There can be many reasons for this situation. Thus, the likelihood of personality maladjustment objectively increases during periods of socio-economic instability in society, which is impartially reflected in the statistics of suicides.

The “time of loss of hope” turns out to be especially critical, when social upsurge gives way to decline, which aggravates the crisis of public consciousness, has a depressing effect on members of society and contributes to the voluntary abandonment of the life of its weakest members. This is most pronounced in a society that is in decline and has no prospects for development.

Forensic psychological examination consists of the following stages:

Preliminary study of the case materials, familiarization with the object of the study;

Clarification of the circumstances that make it possible to conduct an expert study;

Implementation experimental research or long-term observation, the use of psychodiagnostic tests;

Drawing up an opinion;

Announcement of the conclusion at the trial, interrogation of an expert.

Forensic psychological examination methods. The purpose of these methods is the most complete and objective research carried out by an expert psychologist by order of the investigative or judicial authorities.

The range of methods used in this study is limited by the requirements of the legislation governing the production of expertise.

Some EIT methods are necessarily included in the research complex: conversation, observation and its variety - a behavioral portrait, analysis of criminal case materials, retrospective analysis of the behavior of the subject (s) in the investigated situation of the offense. The very forensic psychological examination is often called the method of researching a personality (group).

With regard to the methods of research, forensic psychology has the following methods.

Observation method. Its value lies in the fact that in the process of research the usual course of human activity is not disturbed. To obtain objective results, a number of conditions must be observed:

1) determine in advance what patterns of observation are of interest to us;

2) draw up a surveillance program;

3) correctly record the research results;

3) determine the place of the observer himself and his role in the environment of the studied persons.

Questionnaire method. This method is characterized by the homogeneity of questions that are asked to a relatively large group of people in order to obtain quantitative material about the facts of interest to the researcher. This material is subjected to statistical processing and analysis. In the field of legal psychology, the questionnaire method has become widespread in the study of the mechanism of the formation of criminal intent. Currently, the questionnaire method has begun to be used by practitioners to study some aspects of the causes of crime.

Interview method (conversation). As an auxiliary method, it is actively used at the very beginning of the study for the purpose of general orientation and creation of a working hypothesis. Its use is typical in the study of personality during the preliminary investigation. Free, casual conversation, during which the investigator studies the main personality traits of the interlocutor, develops an individual approach and comes into contact with the interrogated; such a conversation often precedes the main part of the interrogation and the achievement of its main goal - to obtain an objective and complete information about the event of the crime. When preparing for a conversation, you should great attention focus on phrasing questions that are short, specific and understandable.

Experimental method. When using this method, the experimenter studies the dependence of the characteristics of mental processes on the characteristics of external stimuli acting on the subject. The experiment is designed in such a way that external stimulation changes according to a strictly defined program. The difference between experiment and observation is that during observation, the researcher must expect the onset of this or that mental phenomenon, and during the experiment he can deliberately cause the necessary mental process by changing the external situation. In the practice of forensic psychological research, laboratory and natural experiments have become widespread.

Laboratory experiment is mostly common in scientific research, as well as when conducting a forensic psychological examination. The disadvantages of a laboratory experiment include the difficulty of using technology in the practical activities of law enforcement agencies, as well as the difference between the course of mental processes in laboratory conditions and their course under normal conditions. These disadvantages are overcome by using the natural experiment method.

psychological diagnostic procedures

The result of the psychological examination is the drawing up by the expert of an opinion, which, like any other evidence, does not have a predetermined force for the court. It has three parts.

1. Introductory part... It is indicated when, by whom, on the basis of what (court ruling) the expert examination was carried out; surname, name, patronymic of the subject, his attitude to the civil case. Questions posed to the expert.

The essence and significance of a forensic psychological examination. The resolution of special issues that arise before the investigation and the court when it is necessary to assess the phenomena related to the mental activity of people requires a forensic psychological examination, since this is within the competence of a psychologist as a specialist in this branch of knowledge. one

The study of investigative and judicial practice shows that as a result of the timely and reasonable application of special psychological knowledge and methods of scientific psychology, which allow to objectively establish the causes and internal mechanisms of specific actions of people involved in the sphere of criminal proceedings, their psychological characteristics, the possibilities of proving many facts are significantly expanded. necessary for the fair and correct resolution of criminal cases.

The main form of using special psychological knowledge in modern criminal process is forensic psychological examination, which develops in accordance with the general principles enshrined in the law (Article 78.79 of the RSFSR Code of Criminal Procedure) that regulate expert activity in criminal cases.

Forensic psychological expertise is able to provide significant assistance in solving fundamental questions for the criminal process about the guilt of persons who have committed socially dangerous acts, qualification of crimes, individualization of responsibility, etc. Therefore, the use of special psychological knowledge in specific criminal cases seems to be an important guarantee against objective imputation, as well as against the no less significant threat of unfairness of punishment due to ignoring or incomplete accounting of certain personal properties that influenced the content of the act, the previous and subsequent behavior of the subject.

In the new Criminal Code of the Russian Federation (1996), the idea of compliance of the criminal-legal consequences of a crime with the nature and degree of social danger, the circumstances of the commission and the personality of the perpetrator is consistently carried out. The use of concepts and terms related to the field of psychology, which is quite understandable, since criminal behavior is a kind of arbitrary (controlled) behavior.

The 1996 Criminal Code significantly expanded the tasks and limits of research on the personality of the accused and the victim in a criminal case (highlighting the features of such a study in relation to certain categories of persons - minors, recidivists, etc.).

The legislator quite boldly used the data of psychology to regulate many new definitions, norms and institutions of criminal law, using psychological terms that are unusual for practice, taken from psychological science. These are, for example, "mental retardation not associated with mental disorder" (as a circumstance that eliminates criminal liability); "The level of mental development, other characteristics of the minor's personality" (as a circumstance that individualizes the punishment); "Reasonable risk" (as a circumstance that eliminates the criminality of an act); “Sadism” (as an aggravating circumstance), etc. The new Criminal Code uses concepts that are basic for criminal responsibility and punishment, psychological analysis their content, taking into account the provisions of general and legal psychology. For example, sanity, the age at which criminal responsibility occurs, the criminal responsibility of sane persons with mental disorders, the distinction between careless guilt and incident, the motive of the crime, personality, etc. The establishment of many of them requires a psychological examination in a specific criminal case.

The foregoing explains the significant actualization of the problems of using professional psychological knowledge both when explaining, interpreting, commenting for investigative, prosecutorial, expert, judicial practice of the provisions of the new law, and directly in the production of forensic psychological examinations, scientific advice on specific criminal cases.

Forensic psychological examination(EIT) is an independent type of forensic examination, consisting in the use of special (professional) psychological knowledge to establish the circumstances included in the process of proving in a criminal case. Forensic psychological examination has its own subject, its own objects and methods of expert research.

V thing EIT includes a wide range of circumstances that characterize the subjective side of the act, the presence and limits of awareness and leadership (controllability) of one's behavior in criminally relevant situations, as well as the state and personality traits that are significant for the individualization of responsibility and punishment.

Objects serve as sources of information about a person's mental activity - the results of an experimental psychological examination of the participants in the criminal process (the accused, the victim, the witness), the materials of the criminal case, including interrogation protocols, diaries, letters and other documents amenable to psychological expert assessment and having criminally relevant significance ...

Methods EITs are in most cases borrowed from general psychology, but some of them are specially developed for the purpose of relevant expertise. Typical is the use within a specific PPE complex of methods, since, taken separately, none of them can independently solve the question posed to the expert. It is the complexity that provides a multilateral study of the psychic activity of the subject, which is the most important characteristic of the methodology of any direction of EIT.

Competence of forensic psychological examination. Theoretically, any issues of psychological content (personality traits, mental states of the accused, victims, witnesses) that are significant for proving or have a direct criminally relevant significance, for the solution of which special professional knowledge in the field of scientific psychology, can be attributed to the competence of a forensic psychological examination. It should be borne in mind that it is practically impossible to rigidly fix all the psychological issues that may arise in connection with the investigation of a specific criminal case. Let us outline only the main directions of forensic psychological examination, focusing on the issues that are advisable to put before the experts.

1. Investigation of the identity of the accused directly follows from the law and is mandatory (F.S. Safuanov, O.D. Sitkovskaya, etc.). In accordance with the general principles of sentencing, the concept of individualization covers in a complex the assessment of an act, personality the culprit, the circumstances, mitigating and aggravating responsibility. Those personality traits are significant here, which influenced the choice and implementation of the unlawful option of behavior, made it difficult or facilitated, as well as affected the attitude towards the deed.

Psychological personality traits can be associated in different ways with the crime committed. Some of them can play lead role in the choice of a criminal way to satisfy needs or resolve a conflict (selfish, selfish orientation of the individual, disrespect for the human personality and human dignity, sexual promiscuity, aggressiveness, etc.). Other psychological characteristics are more often only contribute to committing a crime in the presence of an external unfavorable situation (weakness, obedience, frivolity, low level of intellectual development, painful vanity, emotional excitability, cowardice, etc.). Finally, many of the psychological characteristics of the accused remain neutral in relation to the fact of a crime (for example, hobbies, interests of a person who has committed a crime in a state of passion or a careless crime, etc.).

Genuinely personal approach from the standpoint of justice, ideally requires the study of a sufficiently large volume of properties of the accused in most criminal cases and includes the study of his inner peace: needs, motives underlying actions (motives of behavior), general structure and individual character traits, emotional-volitional sphere, abilities, individual characteristics of intellectual activity (perception, thinking, memory and other cognitive processes). Of course, in the framework of the criminal process, not all psychological characteristics of the accused can and should be studied, but only those that are significant for the criminal case. In most cases, it is necessary and sufficient to investigate those properties of the personality of the accused, which: a) indicate the regularity or randomness of the adoption and implementation of a decision on a crime; b) affect the ability to control behavior in a particular situation; c) are significant for predicting the danger of relapse and determining the program of corrective action.

Main questions with this type of expertise:

What are the individual psychological characteristics of the accused person?

Could the individual psychological characteristics of the accused affect his behavior at the time of the commission of unlawful acts?

Does the accused have such individual psychological personality traits as ... (depending on the circumstances of a particular case - impulsivity, cruelty, aggressiveness, emotional instability, suggestibility, obedience, etc.)?

What are the individual psychological characteristics of the personality of the accused in terms of predicting the danger of relapse and the program of corrective action?

2. The study of psychological motives for a specific criminal behavior (Enikolopov S.N., Konysheva L.P., Sitkovskaya O.D. and others). Motive is a sign of the subjective side of a crime. Its establishment is necessary to distinguish between compositions having similar signs, for example, hooliganism and causing minor bodily harm, etc. In a number of cases, clarifying the motive is important for proving guilt. The motive of the crime can be taken into account as an aggravating or mitigating circumstance, testifying to the absence of public danger in the actions of the guilty party.

In psychology, a motive is understood as an incentive to activity directed at satisfying the needs of the subject, an object (material or ideal) for the sake of which the activity is carried out. To designate the motives of behavior, criminal law operates with such generalized concepts as revenge, self-interest, jealousy, hooligan motives, hostile attitudes, etc. Some of these concepts may include a variety of psychological motives... For example, selfish actions from a psychological point of view can be motivated by the desire for enrichment, envy, the need for self-affirmation, the desire to lead an idle lifestyle, a passion for entertainment, gambling, the need to satisfy difficult cravings (for example, for alcohol or drugs). The study of the psychological motives of the act deepens the knowledge of the legally significant motives underlying the offense.

As a special case of human behavior, criminal behavior is always motivated. The references in the literature to "unmotivated crimes" are based on ignorance of the patterns of human behavior and the difficulty of establishing a motive in a particular case. As a rule, acts, the motives of which are “inadequate to the occasion,” are not related to the behavior of the victim, as well as actions in a state of passion, are referred to as “unmotivated crimes”. However, in each specific case, when the motive is not obvious, one must proceed from the fact that it exists and maybe discovered in psychological research. If we are talking about a crime, then it always has a motive, regardless of what circumstances preceded the initiation of criminal acts - significant or insignificant in the eyes of the investigator or the court. There is no doubt that psychological knowledge at a professional level is necessary here.

The main question with this type of expertise:

Taking into account the individual psychological characteristics of the person and the situation, what are the main psychological motives of the act incriminated to the accused?

3. Diagnosis of affect from the accused (Article 107 of the Criminal Code of the Russian Federation) at the time of the commission of a crime (Kochenov M.M., Sitkovskaya O.D. and others). Affect is a violent emotional outburst that captures the entire personality and perceptibly affects human behavior. Criminal acts committed under the influence of affect have special diagnostic signs, psychological reasons and conditions conducive to their occurrence: an affectogenic situation, personality traits that predispose to an affective breakdown, some factors that weaken the body.

Psychological diagnostics of affect in a subject at the time of committing the incriminated actions includes: a) a retrospective analysis of the mental state of the subject, its influence on consciousness and activity; b) the study of the individual psychological characteristics of the subject, the degree of his resistance to emotiogenic situations, the tendency to accumulate affective experiences; influence age characteristics; factors temporarily weakening the body; c) study and psychological assessment of the situation in which the crime was committed.

The main question with this type of examination:

Was the accused in a state of passion at the time of the commission of the incriminated act (which one)?

4. Diagnostics of the emotional state the accused at the time of the crime (in addition to affect), significantly affecting the ability to correctly understand the phenomena of reality, the content of a particular situation and the ability to arbitrarily regulate their behavior (Alekseeva L.A., Kochenov M.M., Sitkovskaya O.D., Shipshin S. .S., Etc.).

It is about the strong stress, states of neuropsychic stress, which make it impossible or significantly impede the performance of professional functions in the field of modern technology management, leading to the commission of reckless crimes (in aviation, road and rail transport, in the work of an operator of automated systems in production, etc.); on the establishment of the subject individual psychological features that do not allow performing the necessary functions at a sufficiently high level in extreme situation in the event of the appearance of unexpected obstacles in the activity, the complication of the situation in the direction of increasing its requirements for the psychological capabilities of a person.

This area of EIT is of particular importance in connection with the introduction of Art. 28 (part 2) on innocent infliction of harm, when the act is recognized as committed innocently, if the person “although foresaw the possibility of socially dangerous consequences of his actions (inaction), but could not prevent these consequences due to the inadequacy of his psychophysiological qualities to the requirements of extreme conditions, or neuropsychic overload ". Closely related to this direction is the establishment by the psychologist reasonableness of risk(Article 41 of the Criminal Code of the Russian Federation).

Most often, in a state of stress, the process of choosing the goals of actions is disturbed, the sequence in the implementation of complex intellectual and motor acts. Errors occur in the perception of the surrounding reality, the amount of attention decreases, the assessment of time intervals is disturbed, difficulties in understanding the situation as a whole appear. Completion stressful situation, its "peak" may be affect, which, however, does not occur in all cases.

The competence of a psychologist in such cases includes the study of psychological circumstances that are important for establishing the truth: an extreme situation (unexpectedness, novelty, complexity); individual psychological characteristics of a person (intelligence; level of general and special knowledge of the subject; degree of formation, automation of his skills and abilities, emotional and volitional qualities, poise, impulsivity; leading psychological motives of the subject's behavior and motivation of specific socially dangerous actions; features of self-awareness and self-esteem , criticality, propensity to take risks; individual resistance to emotiogenic stimuli); the influence of fatigue, somatic disorders, stress, affect on activity; the influence of the characteristics of social contacts, interaction in a team, conformity, discipline, aggressiveness, self-confidence, defects in the organization of joint activities, etc.

Main questions with this type of examination:

Was the accused in a stressful state at the time of the incriminated acts?

Taking into account the emotional state of the accused, could he accurately correlate his actions with the objective requirements of the situation?

Could the subject, if we take into account his individual psychological characteristics, correctly understand the requirements of an extreme situation?

Taking into account the subject's ability to establish causal relationships and the general level of his intellectual development, could he foresee the onset of dangerous consequences, accept the right decision and implement it?

Was the subject at the time of committing the incriminated actions in a mental state that could cause a significant decrease in the quality of professional functions, the ability to take actions to prevent dangerous consequences?

When using psychological knowledge to apply the institution of reasonable risk the following can be supplied main questions: a) Taking into account the characteristics of the personality (of the accused) and the situation, what is the purpose of the risky behavior? b) Taking into account the intellectual and characterological characteristics of the accused, was he able to comprehend the situation, the possibilities of its development and the expected consequences? c) Taking into account the dynamics of the development of the situation, could he correctly and adequately (self-critically) assess his own possibilities for resolving it?

5. Establishing the ability of minors accused with signs mental retardation, not associated with a mental disorder, completely be aware of the significance of their actions and determine the measure of their ability to direct their behavior(Article 20 Part 3).

The purpose of the expert study is not limited to diagnosing the presence or absence of signs of mental retardation in the subject: the presence of signs of mental retardation is not a direct indication of the minor's lack of the ability to fully realize the meaning of his actions and to lead them (Kochenov M.M., Safuanov F S., Sitkovskaya O.D. and others). Expert psychological research is always aimed not at establishing a general ability or inability to recognize the meaning of one's actions, which is constantly manifested as a property of a person; it concerns only concrete actions, perfect in specific conditions. Therefore, a forensic psychological examination considers the subject's behavior in unity with the situation in which the illegal acts were committed. Correlation of data on the state and characteristics of the adolescent's mental development with the results of the analysis of the situation and behavior of the subject is an obligatory component of the expert study.

The presence or absence of grounds for exemption from criminal liability with reference to Part 3 of Art. 20 can be recognized as reasonable only, if the description of the content of mental retardation is superimposed on the mechanism of a specific act. The examination must establish whether the juvenile correctly understood the situation of the offense, in particular, whether he was aware of the existence of alternative exits from it, whether he was aware of the objective content of the goals of his actions, whether he foresaw the direct and indirect results of actions, whether he was able to assess his own behavior from the point of view of the current legal norms and generally accepted morality; could he freely choose both goals and ways to achieve them, arbitrarily regulate his behavior.

Main questions, permitted by this type of expertise:

Does the minor have signs of mental retardation and, if so, how they are expressed; what are their reasons?

Given the presence of a lag (if established), could a minor realize the factual nature and social danger of his actions at the time of the commission of a socially dangerous act?

Given the presence and nature of the indicated lag in mental development, could he direct his actions at this moment?

6. With regard to the victim it may also be necessary to ask an expert about his personality, motivation for action. However, in practice, it is most often required: establishing the ability to understand the meaning of one's own actions and actions related to attacks on him (primarily in cases of rape of minors and minors), as well as ability to resist illegal actions (Konysheva L.P., Kochenov M.M.).

One of the qualifying signs of rape is the helpless state of the victim (Article 131 of the Criminal Code of the Russian Federation). Helplessness (or defenselessness) is characterized by the inability of the victim to correctly understand the nature and meaning of the situation and the actions of the people around him, as well as to direct his own actions. Helplessness can be associated with the physical or mental state of the victim (young or old age, physical disabilities, mental disorder, a strong degree of drug or alcohol intoxication, etc.) In most cases, law enforcement agencies independently decide whether the victim has a helpless state.

The exception is cases of rape of minors, especially in cases where the victim (due to the characteristics of his mental state, personal properties) did not offer real resistance to violent actions and the investigation (court) has a version that her behavior is due to the presence of a helpless state: inability to effectively protect against encroachment by purposeful, conscious-volitional behavior in a specific situation.

In one of the criminal cases, a forensic psychological examination of the victim Zh. Was carried out. The investigation established that a group of teenagers had repeatedly had sexual intercourse with a minor Zh., While she did not offer significant resistance, she did not tell anyone about the incident. In the course of the examination, the materials of the case were studied, an experimental psychological study was carried out, and a conversation with the expert. It was found that J. is a very quiet and modest girl. Its characteristic features are lack of initiative, lack of independence in opinions, the habit of obeying, passivity, fearfulness and indecision. J. is afraid of not pleasing someone, is not prone to conflicts and quarrels with peers, does not express independent thoughts. In the experiment, she demonstrated great suggestibility. The mother characterizes the girl as obedient, compliant, unquestioningly fulfilling all the requirements of her parents and those around her. The study led the experts to the conclusion that J., by his temperament, does not show a tendency to active decisive action; she has little ability to resist mental and physical violence. These characterological features could contribute to the emergence of a state of affect of fear during the period of violent actions against her, as a result of which she was unable to resist.

However, there are situations when, in addition to an expert examination of the rape victim, it is necessary to simultaneously conduct a psychological examination of the underage accused (s). The use of special knowledge here is necessary not only to clarify the question of whether he (they), taking into account age and individual psychological characteristics, could fully realize the actual nature and social danger of their actions and guide them, but also, which is no less important, how they perceived the behavior of the victim in this situation, whether it could be perceived by them as consent to enter into intimacy. This is a study within the framework of a psychological examination the ability of the accused to correctly assess, understand and interpret the state of the victim.

Main questions, resolved by this type of expertise in relation to victims:

Taking into account the mental state and psychological characteristics of the victim, could she correctly understand the nature and meaning of the actions performed with her?

Taking into account the mental state and psychological characteristics of the victim, could she provide effective resistance?

Main questions, resolved by this type of expertise in relation to the accused:

Taking into account the peculiarities of the mental development of a minor and his mental state, the content of the situation of committing a sexual assault, could the minor fully realize the significance of his illegal actions?

Taking into account the peculiarities of the mental development of the accused and his mental state, is it possible to conclude that he could correctly assess the mental state and behavior of the victim?

To what extent could a minor, with his mental development and mental state, as well as taking into account the content of the situation of sexual assault, be able to direct his actions?

7. With regard to witnesses and victims the EIT may be asked about their fundamental capabilities, taking into account individual psychological and age characteristics, the level of mental development, correctly perceive the circumstances of the case and give correct testimony about them (Kochenov M.M., Osipova N.R. and others).

Main questions, solved by this type of expertise:

What are the individual characteristics of the cognitive activity of the witness (victim)?

Does the witness (victim) have psychological characteristics (for example, increased suggestibility, a tendency to fantasize, etc.) that reduce the ability to correctly perceive events or objects (indicate which ones) and give correct testimony about them?

What was the mental state of the witness (victim) at the time of perception of events or objects (indicate which)?

Taking into account the psychological characteristics, the mental state of the witness (victim) and the conditions in which the events or objects were perceived (indicate which ones), could the subject perceive them correctly?

Taking into account the psychological characteristics of the witness (victim), can he give correct testimony about the circumstances important for the case?

If we take into account the level of mental development of the witness (victim) and his psychological characteristics, could he understand the inner content (which one) of the events (indicate which ones)?

8. An expert psychologist can conduct posthumous examination to clarify the question whether the deceased was in the period preceding death, in mental state that predisposes to suicide and, if he was in this state, what could have caused it (Kochenov M.M. and others). In investigative and judicial practice, there are cases of faked murders for suicides, which sometimes leads to the need for a posthumous forensic psychological examination.

Suicide of a mentally healthy person is one of the types of behavioral reactions in difficult conflict conditions. As a rule, suicide is a pre-planned action (persistent motivated intention to voluntarily leave this life) under the influence of difficult experiences, strong shock, deep disappointment when a person evaluates the situation as hopeless.

In some cases, it is possible to commit suicide in a state of sudden affect, which affects a person's consciousness (affectively narrowed consciousness), and therefore, in this state, the likelihood of making a decision to commit suicide and its implementation in immediate actions increases.

The main question with this type of expertise:

Was the person's mental state in the period preceding death predisposing to suicide and, if so, what was it caused by?

Complex psychological and psychiatric examinations. In practice, it is not uncommon for a situation when complex psychological and psychiatric examinations are considered optimal in order to resolve issues that arise before the investigation and the court. 2 This is a study carried out to answer specific questions from the court (or the investigating authorities) concerning the borderline problems between psychology and psychiatry. At the same time, to develop conclusions, special knowledge related to both scientific disciplines is used, specific methods prevailing in psychology and psychiatry are applied, data from psychological and psychiatric research are compared and integrated.

The main prerequisite that determines the need for the development of psychological and psychiatric expertise is the existence of problems common to psychology and psychiatry. It is also important here the constant strengthening in law enforcement of the tendency towards the most complete and comprehensive study of all the circumstances of the case, disclosure of the internal mechanisms of behavior of the participants in the criminal process (accused, victims, witnesses) in specific situations.

It should be noted that experts - participants in complex examinations, in addition to their own main expert specialty, must have an additional professional characteristic - the presence of professional knowledge necessary and sufficient in order to be well oriented in the methodology and conclusions of its other participants and their significance for a general conclusion. They must be proficient in the methodology of joint work, complex research. In other words, only Team work, interaction forms the integration of special knowledge, necessary and sufficient for a comprehensive research and general conclusion.

1 One of the first to address the development of general problems of the application of psychological knowledge in criminal proceedings was MM. Kochenov in the monograph "Forensic Psychological Expertise" (M., 1977). In the future, a number of studies appeared devoted to a more in-depth study of the theory and methodology of certain areas of forensic psychological examination. (Sitkovskaya O.D. Forensic psychological examination of affect. - M., 1983; Konysheva L.P., Kochenov M.M. The use of psychological knowledge by the investigator in the investigation of cases of rape of minors. - M., 1989; Alekseeva L.V. The problem of legally significant emotional states. - Tyumen, 1997 .; Engalychev V.F., Shipshin S.S. Forensic psychological examination. Methodical guidance. - Kaluga, 1997; Safuanov F.S. Forensic psychological examination in criminal proceedings. - M., 1998; A number of new problems and areas of forensic psychological examination that arose in connection with the introduction in 1996 of the Criminal Code of the Russian Federation are considered in the monograph Sitkovskaya O.D. Psychology of Criminal Responsibility (M., 1998).

2 See: Kudryavtsev I.A. Forensic psychological and psychiatric examination. - M., 1988.

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The competence of an expert psychologist includes:

Difference from forensic psychiatric examination:

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EIT, associated with identifying a person's ability to correctly perceive circumstances that are important for the case and give correct testimony about them

EIT in the investigation of sexual crimes

EIT due to affect

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The technology of conducting a forensic psychological examination of a person. Organization of a forensic psychological examination. A. Methods of personality research

The competence of an expert psychologist includes:

Difference from forensic psychiatric examination:

Grounds for appointing a PPE

EIT, associated with identifying a person's ability to correctly perceive circumstances that are important for the case and give correct testimony about them

EIT in the investigation of sexual crimes

EIT due to affect

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