Methods of forensic psychological pedagogical examination. Forensic Psychological Expertise (PEA). Difference from forensic psychiatric examination

When conducting a forensic psychological examination, take into account the subject, first of all, the following indicators :

Attitude towards the perfect deed;

The degree of his awareness of what he has done;

The presence of psychological stress;

Features of manifestations of psychological protection of the individual.

It is the last sign that can be considered as a defensive reaction to stressful situations in order to mitigate failure, eliminate anxiety and mental trauma.

Nowadays, it is not so rare that an investigator (judge, lawyer), in his practice, would like to know the possibility and reality of performing certain behavioral reactions in various life conditions or criminal situations of the accused (victim, witness). Lawyers should know that a forensic psychologist can provide some assistance in this with the help of a number of psychological methods.

When conducting a forensic psychological examination, apply (depending on the purpose of the study) the following psychodiagnostic methods or their combination: observation, conversations, biographical, study of materials of a criminal (civil) case, experimental, testing, instrumental personal techniques, methods of studying the characteristics of certain areas of mental activity, the method of psychoanalysis, etc. Consider the most used of them in forensic psychological practice, and previously not analyzed in detail (in chapter one).

1.Method of observation - allowing to study the behavior of the subject in natural conditions (in the process of work, family, rest, communication, study, sports, etc.). But this method is of an episodic nature and is carried out in the system of assessing cognitive processes in any activity and communication. To confirm the facts of observation, they use eyewitness testimony or characteristics from the place of study and work (i.e., data from the environment of the observed person are analyzed).

2.Conversation method(question-answer method) – one of the general and basic methods of psychological science, providing for the direct or indirect receipt of oral information through verbal communication with the subject about his activities, in which the psychic phenomena characteristic of him are objectified, the attitude of the expert to various aspects of life and problems, moral and ethical principles, norms of behavior in ordinary and conflict situations, etc. But to conduct a conversation and initiative in it, appropriate preparation is required, familiarity with the case materials, drawing up a plan and questions. Types of conversations : interview, questionnaire, questionnaire.

3. Biographical method (method of educational psychology) - including a description of the subject's life, his diseases, bad habits, etc.

4.Method of studying a criminal (civil) case and materials (documents) - characterizing the mental state and behavioral characteristics of the subject before, during and after the tort. This also includes psycholing-vistic method (assessment of handwriting, perception, memory, thinking skills, vocabulary, content, literacy, level of personality development and, in general, intelligence).

5. Natural Experiment Method -can be carried out within the framework of its investigative counterpart in order to restore the picture of the crime. By the behavior of the expert, you can get more information about the identity of the offender .

6.Laboratory experiment method - allowing to objectify the observation of a psychologist. In domestic practice, this includes, among other things, conducting research related to polygraph lie detector, in which vegetative changes are recorded within the skin-galvanic response, electroencephalogram, electrocardiogram and others, to emotionally significant stimuli (irritants) for the subject.

7.Testing method -using specially designed tasks in the form of tests to assess cognitive processes (memory, thinking, perception, etc.), emotional-volitional sphere (feelings, will, etc.), personal qualities, the possibility of behavioral reactions of the subject.

Psychological tests used in the examination. They are used in psychodiagnostics for the standardized measurement of individual differences using standard questions and tasks that have a specific scale of values, usually in combination with other methods. Of the many tests in practice, three groups are mainly used: intellectual, personal and projective. The choice of methods of forensic psychological examination depends on the specific goal and tasks assigned to the expert and on the object of research. Consider them

Intelligent tests – these tests are used to assess the level of intelligence, education, productivity of the mind. Moreover, both general intelligence tests and special ones (revealing different levels and types of intelligence) can be used. Intelligence tests include tests for attention, memory, and their varieties. You can measure both the amount of memory, and its plasticity and reaction rate.

Popular among forensic psychologists, the so-called orientation test, in which out of 50 logical and mathematical problems, the subjects identify the missing element.

Personality tests – these tests describe a person's behavioral characteristics, social skills, adaptability, etc. These tests can reveal the brightness of a particular quality (trait, property) of character, the correspondence of the subject to a particular type.

An example of the psychological study of adults is proposed back in 1941 by American clinical psychologists S. Hathaway and J. McKinley - "Minnesota Multidimensional Personality Questionnaire" (MMPI) and its domestic modifications(F.B. Berezin, M.P. Miroshnikov, R.V. Rozhanets; L.N.Sobchik) - methodology for multilateral research of personality (MMIL, SMOL). In forensic psychological practice, MMPI is often used. Let's consider it.

MMPI test - designed to assess the mental state and personality traits of adults. The test contains 550 statements concerning the state of the somatic and neurological spheres, psychological characteristics and psychopathological disorders, each of which the subject must evaluate in relation to himself as true or false (yes or no). The MMPI test consists of 13 scales, of which three - are evaluative (scales of lies, aggravation and simulation, inadequate self-esteem), eight - clinical (hypochondria, depression, hysteria, psychopathy, paranoia, psychasthenia, schizoid, hypomania) and two - psychological (masculinity - femininity, social introversion). The test is effective for an expert assessment of the individual psychological characteristics of the accused, witnesses, victims, starting from the age of 16.

An example of psychological research of minors (adolescents) is proposed by A.E. Lichko and N.Ya. Ivanov (1977) "Pathocharacterological diagnostic questionnaire" (PDO).

PDO test - is indicated for the determination of character types in adolescence (14-18 years old) with various accentuations, emerging psychopathy, psychopathic development, psychopathic disorders. PDO includes 25 tables-sets ("feeling", "mood", "attitude to parents", etc.). Each set contains from 10 to 19 suggested answers, which are asked to choose the most suitable or inappropriate answers for the subject. The questionnaire contains two rating scales ("objective" and "subjective" assessments) that allow diagnosing self-esteem of subjects, frankness, dissimulative tendencies, correlated with objective characteristics. Using the PDO test, 11 main types of character accentuations and psychopathies are diagnosed: hyperthymic, cycloid, labile, astheno-neurotic, sensitive, psychasthenic, schizoid, epileptoid, hysteroid, unstable, conformal, various types of mixed types. In addition, the PDO allows one to assess such indicators as the propensity to alcoholism (drug addiction, substance abuse), delinquent behavior, emancipation, masculinization, feminization in the system of interpersonal relations. The test is used in the examination of accused minors, witnesses, and victims.

there is complex testsdescribing the personality as a whole, and tests for a specific quality (ability to make quick decisions, the level of self-control, motives, value orientations, the degree of aggressiveness, etc.).

There are also tests to determine interpersonal relationships.They reveal the inclinations of a leader, the leader's style, communication opportunities, the ability to find compromises, a desire to help others. They are usually given special attention, since most violent crimes begin with conflicts and quarrels.

Projective tests -with their help, the peculiarities of the mental state of the subject in the future, characterological and psychopathological personality traits, resistance to affectogenic stimuli, habitual ways of resolving conflict situations, suggestibility, a tendency to pathological fantasizing, significant experiences, leading motives of behavior can be established.

Projective techniques are an experimental study of those features of personality disorders possible in the future, which are least accessible to direct questioning or observation. An example is "Thematic apperception test" (TAT), proposed in 1935 by G. Murray and C. Morgan, "Rorschach test" (1941) and "Rosenzweig test" (1921).Let's consider them.

TAT test - allows you to assess intellectual capabilities, impaired perception and thinking, increased aggressiveness, depressive feelings and identify suicidal intentions in the future. In this case, the subject is invited to compose a story based on the selected 20 pictures, in which it is assumed that the characters are endowed with their thoughts, experiences, feelings, past experiences, needs, conflicts, motives, interests, attitudes towards the present and the future.

G. Rorschach test- the method of "ink spots", is the most famous and widespread projective study of personality. It is used in the study of conduct disorders, to assess affectivity, the nature of social contacts, etc. The test material consists of 10 tables with 5 polychrome and 5 monochrome images of symmetrical spots. The tables are presented in a specific sequence. Based on the analysis of special indicators, they come to a conclusion and conclusions about the mental state of the subject and the possible nature of his actions in the future.

S. Rosenzweig test- also useful in the projective study of personality traits with an emphasis on determining frustration resistance (i.e. the ability to adapt to a stressful situation). It consists in the fact that the subject is shown frustrated drawings and judging by his answers about the ability to level a conflict situation, the need for this, censure or the ability to defend himself.

Virtual test also refers to this group of tests, in which the subject is asked to randomly dream up (for example, to draw and describe a non-existent animal, an unidentified flying object such as a UFO) or to complete a sentence that has been started. This reveals the subject's predominant tendency to virtuality (fantasy).

So, given the breadth and versatility of the tasks of an expert psychologist, it is not necessary to study the personality of the subject at once, but to study the development process, analyze the diversity of its manifestations in various conditions from different angles, using many techniques or their combination. But it should always be remembered that none of the psychological methods guarantees obtaining absolutely reliable data about the personality, and the method of psychological testing still plays an auxiliary role.

An important side productive personality research is a combination of data from standard and non-standard studies, a combination of experimental and non-experimental research methods. At the same time, it should be emphasized that :

at first, experiment in relation to a person is limited by ethical considerations, which do not allow extensive experimentation with him;

secondly, it should be noted that the experiment registers only the diameter of the psyche or personality at the current moment of her life, specifically during the examination;

third, the reaction of an individual in the present is determined by the history of his mental development in the past and its perspective for the future.

Personality self-esteem - in the analysis of individual psychological characteristics at the stage of preliminary investigation, it also plays an important role.

As known, self-esteemis called a complex psychological education, which includes many heterogeneous elements related to a person's ideas about his "I", about his physical qualities, skills, abilities, position in the group, etc. Based on self-esteem, a person predicts his capabilities, evaluates them as significant and insignificant; as a result, his motivation in a particular situation may be strong or weak. Inadequate self-esteem affects human behavior in different ways. People with low self-esteemascribe to themselves lower opportunities, underestimate their usefulness. This leads to a limitation of activity, a decrease in initiative, especially in those cases when the situation places increased demands on his abilities and skills. Lack of self-confidence is one of the main prerequisites for the appearance of mental tension.

People with high self-esteema person is often uncritical of himself, they take on tasks that clearly exceed their capabilities.

In forensic psychological practice, there are many approaches to diagnosing a person's self-esteem. Specially compiled methods are very popular among psychologists. questionnairesto describe and evaluate a person himself. However, when conducting an examination, it is not enough to assess a person only on the basis of self-assessment methods. In an expert study, the specific behavior of the subject can be predicted more accurately by studying the interaction of individual personality traits and the characteristics of the situation. In addition, to study the personality as a whole, a wide range of complementary and mutually checking methods is required. When using questionnaires, it is necessary to take into account such factors as the degree of sincerity of the subject, anxiety and even fear in the process of investigation and examination, the need for approval, as well as the natural defense of one's “I”.

It should be borne in mind that the attitude of the subject to the survey can be determined attitudinal behavior due to his interest in the research results. The study of personality using questionnaires contributes to the identification of some structural characteristics of the personality, but predicting the behavior of the subject without using biographical method and method of taking into account situational factors is a gross methodological error. An expert psychologist in his research compares the individual psychological characteristics of the subject identified in the experiment with specific phenomena and circumstances of his life. This method allows the expert, already during the preliminary investigation, to identify the correspondence of the self-assessment characteristics of the subject to the specific events of his life. This contributes to a more objective assessment of the data obtained and the establishment of cause-and-effect relationships of the committed act.

When evaluating methods of forensic psychological research, lawyers should understand that the main psychological componentsstill are:

a) objective manifestations of criminal activity (impulsiveness with weak will, criticism and forecast of consequences);

b) the type of emotional response of the individual to the deed;

c) the level of intellectual development of the criminal's personality;

d) life experience of the criminal.

Let us examine this in terms of affective states that are most often encountered in the practice of forensic psychological examination. For example, in the analysis of physiological affect - the study of the emotional characteristics of the subject's personality acquires a certain value: His impulsivity, the type of emotional attitude to crime, emotional reaction to the investigation and emotional response to the forecast of his future fate.

Especially important analysis of emotional relationships to a crime when working with minors, who are almost always emotional and underestimate the seriousness of the offense and the forecast for the future. This type of relationship is based on such personal characteristics as inadequate excitability, insufficient mental productivity, a low level of will, criticality, intelligence, etc. Another group of minors has inadequate inhibition, a bright emotional coloring of experiences about what happened, which in some cases turned into an autonomous , the dominant formation of withdrawal into oneself and one's own experiences, it also disorganizes the behavior of a teenager up to suicidal attempts.

When analyzing the affective states of the subject, psychologists are obliged to carefully study the materials of the criminal case during the examination and apply experimental psychological methods. It is necessary to use (as mentioned above) a psychological analysis of crime situations and the logic of the development of crime events. The revealed invariant features of the subject are always compared with the features of his behavior in the situation of the tort incriminated to him. Dynamic observation of the subject during the period of expert research should be aimed at assessing emotional states, at analyzing the influence of stress on his behavior in specific situations.

For example, in a forensic psychological examination cumulative affect important is the dynamics of the development of the analysis of the situation, the occurrence of which is facilitated by an acute conflict. However, the presence of prolonged mental stress and conflict situations is a prerequisite, but not a sufficient condition for the occurrence of affect. An important place is occupied by a complex of individual and psychological characteristics of the personality and mental state of the subject. The threshold of affective response largely depends on the characterological characteristics of the subject. Therefore, at the stage of the preliminary investigation, even when the specific picture of the crime is not clear enough, the analysis of individual and psychological characteristics will help to identify the type of affectogenic situations and the nature of psychogenia (traumatic stress and conflict situation). Moreover, the studies of domestic psychologists have shown that with psychogenias, affective reactions appear more often in persons who are prone to cumulation of affective experiences and are distinguished by indecision, increased timidity, and inability to actively resolve the conflict. In acute psychogenias, affective reactions can cause personality traits such as unstable will, insufficient criticism and self-esteem, inability to make quick decisions in difficult situations, pronounced egocentrism, straightforwardness.

In the expert analysis of affect, it is necessary to distinguish between the concepts of "personal inclinations" and "personality state". Let's examine them in more detail.

Personal inclination - this is an individual tendency of a person only to be able to react in the future.

Personality state -this is a real experience of a person of his position with the manifestation of a particular inclination or behavioral reaction in a certain period of time. For example, anxiety Is the tendency (propensity) to emotionally react in the future to threatening stimuli. Alarm state - it is a really experienced feeling (state) of tension and nervousness in the present.

A special place in psychological diagnostics belongs to the assessment of the degree of anxiety of the subject. Anxiety Is a tendency that is caused by possible future encounters with emotionally significant stimuli. It is expressed in specific experiences and physiological changes to this, as a response. As a rule, a subjective assessment of a person's experience of this tendency is used as an indicator of the state of anxiety. When determining anxiety, they also refer to specially developed questionnaires (Spielberg-Khanin, MMP1, Taylor scale, etc.).

To assess emotional stress, it is necessary to take into account autonomic, facial, motor, oculomotor and vasomotor reactions. To analyze the psychological state of the subject "before", "during" and "after" the tort, experts use criteria for conditional assessments of external manifestations of emotions... You should also know that for the study of attitudes, emotional states and other personality traits with affect, psychology experts also use mediated methods of studying personality, including projective methods (which were mentioned above), which allow indirectly (modeling some life situations and relationships) to study personality formations that act directly or in the form of various attitudes, which allows us to identify unconscious forms of motivation, as well as experiences that are significant for a person ... In forensic psychological expertise, projective methods are widely used to differentiate pathological and physiological affects.

The competence of psychologists should not be limited only by questions about the degree of mental immaturity of a mentally retarded adolescent, the degree of pedagogical neglect in a psychopathic personality, the reasons and motives for inadequate defensive behavior of the accused with signs of mental immaturity. In the opinion of many authors, a forensic psychologist can and should act as an interpreter of complex forensic psychological-psychiatric conclusions.

Let's analyze this in the following example. The following questions are usually posed in forensic rape orders: : the ability of the victim (victim) to understand the nature and meaning of the actions performed with her (with him), the ability to resist, etc. This is due to the fact that the psychological mechanism of sexual intercourse leading to rape is mediated by a number of factors. In this regard, a special analysis of the study of psychologists and psychiatrists on the psychosexual development of the victims, the psychological mechanisms of sexual communication that led to rape is required. The expert psychologist reveals the stability of the victim's personality deformation (victim), the features of her (his) value-personal orientations and attitudes.

Particular difficulties arise during the expert examination of the victims, who were familiar with the offender before the rape, communicated with him, and did not offer proper resistance during the rape. A forensic psychologist must find out not only the characteristics and level of psychosexual development of the subject, but also the characteristics of interpersonal communication with the offender, and give a psychological analysis of the situation. In such cases, it is necessary to conduct an examination of both the victim (victim) and the accused. The psychological defense of this group of experts is manifested in specific mechanisms, for example, in rationalization, that is, an attempt to prove (with the aim of self-affirmation and self-justification) that the behavior of the raped (raped) is rational, and this should be, therefore, justified, understandable and approved by them.

Thus, lawyers should be aware that forensic psychologists, in order to clarify the possibility of committing one or another act by the expert, along with traditional psychological examination (including testing), use non-standard and experimental methods. All this is necessary to clarify the accused (in this case, the subject) of the awareness of the act, the understanding of its wrongfulness, the statement of critical, volitional and other personal characteristics.

Investigative officers are obliged to remember that a forensic psychological examination is a recognized scientific and practical research, which in many respects helps to clarify the procedural capacity and the ability to give truthful testimony in criminal judicial proceedings and civil proceedings.

At the same time, it should be clarified that forensic psychologists can also be involved in work in forensic psychiatric expert commissions, if necessary, as they study the same subject (human psyche), but from different positions (norms and pathologies) ...

Control questions:

1. What is the practical importance of a forensic psychological examination in the criminal process?

2. What is the practical value of a forensic psychological examination in civil proceedings?

3. What psychodiagnostic capabilities does a forensic psychologist have to assist the investigator (judge) in establishing the truth in the case?

4. In what cases is it advisable for lawyers to appoint a forensic psychological examination?

5. What is the purpose and objectives of a forensic psychological examination?

6. Who is the subject and what is the subject of a forensic psychological examination?

7. What are the principles and procedures of the forensic psychological expert commission?

8. What methods and tests do forensic psychologists use in their work? Give a brief description of them.

9. What are the main sections of the procedure for the work of a forensic psychological examination?

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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 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 forensic psychological expertise 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 research 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 testimony, the motives and goals of the criminal act, to establish the form of guilt, etc.

An expert psychologist can only be appointed as a specialist with a higher psychological or medical education.

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.

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. The expert is independent and independent in his cognitive activity.

The competence of 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 guide 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 actions committed with them and to resist;
• - establishing the presence or absence of a state of passion 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 the possible causes of this condition;
• - the establishment of leading motives in human behavior and the motivation of individual actions as important psychological circumstances that characterize the personality;
• - the establishment of individual psychological characteristics of the subject, 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 available data on the psychological characteristics of the personality of its members, which allow them 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 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 (without changing possible inaccuracies and terminological errors) are also indicated here.

The research part describes all used diagnostic methods, techniques and procedures, attached protocols for their implementation. 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 obtaining 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, or 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 significance in the evidence. An unfounded conclusion may be rejected. At the same time, 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.

A 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 medical diagnostics issues.

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 disclose 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, requiring 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 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 methods for the study of 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 action.

Psychological experts define the motive of criminal behavior as a process that reflects 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 description 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 that are elements of a crime: age, sudden strong emotional agitation, helpless state of the victim, 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 for a posthumous forensic psychological examination may arise when investigating cases of various categories.

First of all, it is carried out in relation to persons who have committed suicide, when the question of the application of Art. 110 of the Criminal Code of the Russian Federation (driving to suicide). In practice, this category of cases is often investigated by investigators from military prosecutors' offices on the facts of suicide 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 suicide disguised as 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 a posthumous psychological examination necessary, its object is always a deceased person, and the 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;
• - the decision of the question of 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 the 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 current conditions. investigator criminal court

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

The “time of loss of hope” is 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.

Introduction

forensic psychological examination

The construction of a legal society, the implementation of a radical legal reform requires all-round humanization of law, reliable provision of the principles of justification and fairness of decisions, maximum individualization of responsibility and legal measures provided for by law.

One of the effective means of solving these problems is the improvement and creation of new types of forensic examinations related to the assessment of human behavior: forensic psychological, complex psychological and psychiatric, psychological and handwriting studies, psychological and art history, etc.

At present, it is difficult to imagine highly qualified investigations, proceedings in court or other competent authority without the involvement of psychological knowledge. In legal practice, considerable experience has been accumulated in attracting psychologists as experts and specialists. The subject of a forensic psychological examination is a healthy psyche of a person. This circumstance makes it possible to distinguish the subject of a forensic psychological examination from a forensic psychiatric examination, the subject of which is the psyche of persons suffering from a certain mental illness. Therefore, attempts to include in the subject of forensic psychiatric examination of studies of the psyche of a healthy minor (accused, victim, etc.) is untenable, since this area of \u200b\u200bactivity of a psychologist, not a psychiatrist

The object of a forensic psychological examination, i.e. the source from which the expert draws information about the facts established by him is a person.

Forensic practice knows cases of forensic psychological examination in the absence of a person, for example, when the expert dies before the trial. A posthumous examination is carried out only on the basis of the case materials (interrogation protocols, letters, diaries, notes, tape and video recordings, etc.) and is especially complex.

The concept and content of forensic psychological examination

The concept of forensic psychological examination can be given by concretizing the general definition of forensic examination, taking into account its generic characteristics.

Forensic psychological examination is a special psychological study conducted by a knowledgeable person - an expert in relation to a person - a subject of a process or a situation, appointed by a court ruling (judge) in the presence of general (procedural) and special (psychological) grounds for obtaining forensic evidence in the case of an expert opinion -psychologist

It is clear that the specificity of this examination is determined by the nature and characteristics of the science of psychology - as a branch of knowledge, theoretically and experimentally developed the main psychological problems (i.e., those whose main object is a person, his psyche).

"Branching" is characteristic of modern psychology; whole sub-branches of psychological science developed - engineering psychology, gerontopsychology, clinical, pedagogical, social, legal (including forensic) psychology and a number of others. Each of these subsectors has its own particular subject, and special research methods have been developed. At the same time, the theoretical and methodological basis for all sub-branches of psychology is general psychology, its categorical and conceptual apparatus, and general methods of psychological research. This thesis is also true in relation to the theory of forensic psychological examination.

Therefore, in order to understand the specifics of forensic psychological examination, it is necessary to know the fundamental characteristics of general psychology as the basis for the development of the theory of forensic psychological examination. This will make it possible to more accurately determine the object, general and specific subjects of examination, the content of research methods.

Categories, principles and postulates of psychological research can be named as the basic characteristics of psychology.

Psychology examines, first of all, the structure, features of the content and functioning of mental reflection at various levels. In real life, mental reflection is impossible outside of a certain human activity and communication. All of these categories do not have any mental content without its carrier - a person. Therefore, the category "personality", having its own content, acts as a system-forming factor for others. Personality in psychology is studied in various "sections" - emotional, intellectual, volitional. In turn, each of the named spheres can be characterized through certain properties (constant, static characteristics of a person), states (limited by a period of time), processes (dynamic characteristics that develop in time).

Forensic psychological examination also operates with the named categories; moreover, they serve as criteria for identifying private subjects of various types of psychological research (psychological examination of emotional states, examination of personal properties, examination of the reflection of the external and internal sides of the event, etc.).

Any psychological research is based on certain principles developed by general psychology. These include the systemic nature of the psyche, the structuredness of the psyche, the determinism of mental phenomena. Principles are the fundamental methodological principles that underlie both the formation of private subjects of types of examinations and the method of psychological research in general. The postulates of general psychology are important for the construction of special methods of psychological research. The following are distinguished as postulates: correspondence of conclusions to the facts of reality, verifiability of conclusions, predictive function of psychological research.

Correspondence of psychological expertise to the postulates means that any special method used in the course of research must be tested, scientifically substantiated, and the technique used by an expert would allow not only to identify the properties, state of a person at the time of research, but also to give a professional assessment for the future or the past tense (the latter is especially important for a forensic psychological examination - in most cases, the expert is forced to investigate an event, an action that took place in the past).

Thus, for the content of a forensic psychological examination - as a special psychological research - the most important characteristic is compliance with the categories, postulates and principles developed by general psychology. In the course of any psychological research (including examination), psychological laws and laws are applied, and the common object and the common object are derived from the object and subject of general psychology.

Let us emphasize that the concepts of psychological research and forensic psychological examination do not coincide. Any forensic psychological examination is a specially psychological investigation, but not every psychological investigation is a forensic examination. Psychological research constitutes the core of expertise and is subject to the principles, laws and laws of the science of psychology.

Object and subject of forensic psychological examination

In the theory of forensic psychological examination, it is customary to distinguish a common object and a general subject, as well as private subjects of examination.

The concepts of a common object and a common subject of examination are comparable with similar concepts of general psychology. However, in theoretical and practical psychology slightly different approaches have been developed.

The common object of psychology and psychological research is the person himself as the bearer of a highly developed psyche.

In practical psychology, the general object of psychological research is called:

a) the human psyche as a whole;

b) mental activity in its totality and unity.

The differences are due to methodological reasons, the influence of various psychological schools.

When determining the general object of forensic psychological examination, one should take into account not only special, but also the legal criteria of the object of forensic examination.

The object of the examination is determined by the court upon its appointment; it is a certain carrier of possible evidentiary information. Accordingly, a person with a certain procedural status (witness, party) can act as the object of examination.

Therefore, it is legitimate to call a person as a bearer of the mental, having a certain procedural status, as the general object of a forensic psychological examination.

Traditionally, an object is understood as what the activity is aimed at; individual elements of the object, included in the practical activity, constitute the subject of this activity.

Accordingly, the general subject of psychological research in the theory of psychology is called the psyche or mental activity of a person; in practical psychology - individual mental properties, states, processes.

The subject of the expert's activity is the psyche as a system. However, the expert's task is to study the personality not as a whole, but to identify specific aspects of the mental state (for example, to determine the emotional state and its influence on the ability to fully understand the actual content of one's actions). At the same time, a reliable solution to such a particular problem is impossible if the expert does not take into account specific personal properties, does not understand the general features of the research subject.

Therefore, the general subject of forensic psychological examination can be called mental activity (psyche) as a system of mental properties, processes, laws.

The structuredness of the psyche presupposes the possibility of studying individual elements of the mental sphere (taking into account their position and interrelationships in the system).

The subject of psychological research can be the structure of the personality and its components (needs, motivation, abilities, subjective relationships), individual systems of mental processes, states, properties in the emotional, intellectual, volitional spheres (for example, studying the mechanism of formation and functioning of perception, memory, logic of thinking , emotions, will).

It is these individual elements - properties, states, processes - that constitute a special (actually psychological) basis for identifying particular subjects of forensic psychological examination.

However, in addition to the psychological one, the legal criterion for the formation of private subjects of forensic psychological examination should also be taken into account. It is determined based on the legal significance of the specific psychological tasks solved by the expert. If any elements of a general subject can be a private subject of psychological research in general, then a private subject of psychological expertise is legally significant properties, states, processes.

Taking into account private subjects, a subject-meaningful classification of forensic psychological examination into types is made. It is important for a court ordering an examination to correctly define the expert task (a particular subject of the examination), which predetermines the choice of the type of psychological examination.

The general legal criterion for the formation of a private subject of psychological expertise is the norm of substantive law to be applied in this case, the content of which includes psychological components that are of independent importance for the legal qualification of a disputed legal relationship. Due to this, the identification of such components acquires evidentiary value. For example, for the correct qualification of the legal relationship under Part 1 of Art. 1078. The Civil Code needs to establish whether a capable citizen was in such a state when inflicting harm, when he could not understand the meaning of his actions or control them. This norm directly formulates a psychological criterion, which is given an independent legal significance. Accordingly, special knowledge is required to establish it. Depending on the reasons, psychological or complex psychological and psychiatric expertise can be used here (if the court has data on the mental illness of a citizen). The particular subject of such an examination is the correct mental reflection of the inner side of the perfect action (the ability to fully understand its actual content and the ability to fully consciously control one's behavior). The professional assessment of these abilities, given by an expert, plays the role of evidence (evidence); the expert does not reveal legal facts. The qualification of legal facts, their presence shall be established by the court on the basis of the expert opinion accepted by the court, taking into account other evidence in the case.

In the course of a psychological examination, as in the production of other forensic examination, the expert, using special methods, establishes various facts of a psychological nature (personality traits, attitudes, dominant behavior, features of cognitive processes, etc.). Such facts are intermediate and by themselves - apart from the expert's conclusion - have no evidentiary value in the trial. The court does not have the right, referring, for example, to the suggestibility property revealed by the expert, to conclude that the subject is incapable of free decision-making in a given situation. This requires a professional assessment of the special facts in their totality. Revealing intermediate facts is a necessary stage of a special study, allowing an expert to draw a final conclusion on the question raised by the court.

Thus, the purpose of a forensic psychological examination is not to ascertain the elements of mental activity, but to assess them professionally by an expert (diagnostics of mental processes, states, properties; attitude to a situation; influence of this attitude on behavior; generalized interpretation of personality data).

Appointment of a forensic psychological examination

When sending a person under investigation, a victim or a witness for a forensic psychological examination, the investigator is obliged to control the thoroughness of the study of the personality, as well as the reliability of the investigation report. To do this, you need to navigate the methods and forms of work of psychologists, be able to draw up an expert opinion with the results of the investigation.

Unlike forensic psychiatric examination, where for more than a hundred years the techniques and methods of expert study have been polished by a huge number of doctors who systematically perform the functions of an expert, psychologists do not have not only specialized units, but even a certain qualification training in the training system. Therefore, to assess the mental state of a healthy person in connection with his participation in a crime event, persons who are competent only in one of the areas of psychology are involved. The investigator must proceed from the preference of their main professional specialization. These can be employees of the departments of psychology of universities and universities, as well as teachers trained in the field of defectology. It is better to establish the peculiarities of the emotional state with the help of a psychologist working in psychiatric institutions. The most competent are psychologists of hospitals, on the basis of which forensic psychiatric departments function.

By participating in examination under expert patients, the psychologist gains experience in analyzing illegal behavior, which is absolutely necessary for assessing the emotional reactions that arise in connection with the events of a crime. The practice of forensic psychological examinations shows that it is difficult for a psychologist who is not familiar with the peculiarities of a person's criminal behavior to navigate the feelings underlying the criminal impulse, as well as in the affects accompanying criminal encroachments. Focusing on his own law-abiding worldview, the psychologist involuntarily evaluates, for example, the criminal's anger, transferring the effect to the cause (if the action was so destructive, then, probably, the reason that prompted it should be very significant). Likewise, the fear of the victim unwittingly correlates with one's own supposed reaction to similar circumstances. In other words, personal life experience can harm the psychologist in assessing such a subjective phenomenon as the feeling of another person, and negatively develops on the truth of the expert opinion. It is necessary to have a certain professional composure, so that, having renounced hostility towards the offender and sympathy for his victim, within the framework of objective signs, prove the presence or absence of emotional excitement, depression of mood or affectogenic narrowing of consciousness.

The investigator is endowed with the right to choose an expert, because a specialist (including a psychologist) becomes an expert only from the moment a decision is made.

In this case, the psychologist can be summoned to the institution where the investigation is being conducted (the investigator's office), or the expert is sent to the psychologist's place of work. The law does not stipulate the exact number of specialists who should receive psychological expertise, but experience shows that there should be at least two of them. The possibility of exchange of opinions and collegiality of judgments greatly reduce the difficulties and errors of single-person research.

Another point of view is preferable - it is advisable to appoint an examination at the early stages of the preliminary investigation. It seems that a forensic psychological examination should be carried out when the investigator has found out and studied all the circumstances to be proved.

Forensic psychological examination on the question of the age of mental development being chronologically achieved.

The question of the correspondence of the age of mental development to the chronologically reached age arises in the investigation of juvenile delinquency in the period from 14 to 15 years to decide on the legal responsibility of a person. In most cases, this is complicity in theft.

As a rule, adolescents who are notable for poor academic performance are brought up in an environment of family-pedagogical neglect, and they occupy the position of subordinates among their peers. The reason for the appointment of EIT is either their inadequate behavior when improving the offense (a tool in the hands of more developed adolescents, the predominance of motives of childish pranks, a thoughtless attitude towards hiding the traces of an offense, etc.), or misunderstanding of the situation of the investigation.

The corresponding question to an expert psychologist, when carrying out this type of EIT, can be formulated as follows: does a minor have signs of mental retardation, if so, how are they expressed and what are they connected with? If there are such signs, then could he fully realize the significance of his actions and to what extent could he direct them, taking into account the specific situation!

Forensic psychological examination on the ability of the victim of rape to understand the meaning of the actions performed with her.

In the practice of EIT on the issue of understanding the victim of actions aimed at rape, in most cases it was about insufficient orientation of girls 13-16 years old in circumstances that create conditions for sexual intercourse, while they had certain representation. They found themselves alone with men or adolescents, flirting with them, not assuming that their actions could be interpreted as a predisposition to sexual intercourse, so they resisted only at the moment of a direct criminal attack.

Much less often girls who perceive rape as an action, the physiological, moral and social purpose of which they did not have a clear idea of, are the objects of expertise.

The question to an expert psychologist on this type of EIT can be formulated as follows: could the victim, in terms of her intellectual and personal development, as well as the characteristics of her mental state at the time of the incident, correctly understand the nature and meaning of the actions of the accused or resist, taking into account the circumstances of a particular situation , situations (indicate which ones)?

Forensic psychological examination on the issue of determining the ability to correctly perceive the circumstances of the case and give truthful testimony about them.

It is very difficult to establish the subjective characteristics of perception, memorization, preservation and reproduction of information by participants in criminal proceedings. The forensic psychological examination can determine the specifics of the individual stages of the formation of testimony (receipt, accumulation, processing of information, its reproduction, verbal design and transmission). The ability of children to give correct testimony becomes the object of EIT when the testimony is based on substantive indications.

Of particular interest are the testimonies of minors, when they show a tendency to fantasize, conformism, heightened suggestibility, etc.

It is important to remember that a forensic psychological examination under these circumstances helps the investigator to determine the individual psychological characteristics of the interrogated persons, but it is not an examination of the reliability of the testimony. This fundamental issue must be resolved by the investigator, taking into account the conclusion of the forensic psychological examination.

The question to the expert psychologist, for this type of EIT, can be formulated as follows: could the expert correctly perceive such and such (indicate which specific) circumstances relevant to the case in such and such (name types of interference) conditions of perception, taking into account the current state of his cognitive processes, personality traits (age-related, painful or accentuated characterological) or its dynamic states (name which specifically; affective stress, state of intoxication, traumatic stunnedness, etc.)?

Forensic psychological examination on the issue of determining the emotional state of a person at the moment of interest to the investigation.

The emotional state as an object of EIT is represented by cases that can be grouped in the following variants: the state of passion of the accused; the influence of emotional excitement on the state of the victim; assessment of the victim's depressive mood as one of the moments causally associated with suicide.

The emotional excitement of the accused, given the range of possible judgments on the nature and degree of guilt, often becomes the object of the EIT. The task of experts in this case is to compare with the characterological characteristics of a person to identify signs of a stressful state, that is, to determine how much a person's behavior in a criminal situation depended on external and how much - on internal circumstances.

An affective state is a stormy emotional process characterized by a decrease in consciousness and self-control, a violation of volitional control over actions.

Physiological affect (or a state of intense emotional excitement) is a strong but short-term emotion that accompanies various emotional experiences and affects the subject's conscious control over his actions.

The state of physiological affect is determined by experts, taking into account the current criminal situation, the psychological characteristics of the individual.

The question to the expert, when appointing this type of EIT, can be formulated as follows: was the accused at the time of committing the acts incriminated to him in a state of physiological affect or other emotional state associated with conflict situationthat could significantly (significantly) affect his behavior?

An indication of the situational nature of emotional reactions that do not have the character of affect is necessary. In accordance with the meaning of paragraph 5 of Art. 38 of the Criminal Code of the Russian Federation, given sufficient depth, these reactions, as well as physiological affect, can serve as a psychological prerequisite for the court's ascertaining of strong emotional excitement.

The quality and scientific level of each specific expertise largely depends on the correct choice of research methods. However, none of the methods used in the PPE leads directly to the answer to the question facing the expert. It is necessary to use several experimental, test, questionnaire and other methods aimed at complementing the obtained data and ensuring a comprehensive description of the subject of the examination. In this regard, and in order to avoid unjustified criticism of the research methods used, expert psychologists need not only indicate their diagnostic capabilities in the examination reports, but also have theoretical and practical training in the field of systemic descriptions, allowing to recreate a holistic picture of various mental phenomena. An expert psychologist is not entitled to use, in the course of an expert study, insufficiently tested methods of psychodiagnostics. In some cases, when their use seems to be extremely necessary for the study of the subject of examination, each new method should be described in detail in the PPE act, indicating its diagnostic capabilities and data on the reliability of measurement.

One of the methodological principles of organizing and conducting EIT is the method of reconstructing the psychological processes and states of the subject in the period preceding the crime event, at the time of the crime and immediately after it, identifying the psychological characteristics and dynamics of these processes.

When appointing a forensic psychological examination, the following questions may be posed: was the person under the appropriate circumstances in a state of physiological (non-pathological) affect? If so, how did this state affect the person's ability in these conditions to be aware of his behavior and to lead it? Was the person in a different emotional-conflict state and how did this state affect his ability to give an account of his actions and to lead them? For the psychological characteristics of minors, it is essential to find out whether a person is not characterized by mental retardation, mental non-pathological retardation? Is the face characterized by any anomalies of the emotional-volitional and intellectual sphere? If so, how could these features of his psyche affect his awareness of his actions and the ability to lead them?

With regard to witnesses, the following questions can be put before an expert psychologist: could a person, taking into account his individual psychological characteristics, under certain conditions, correctly perceive circumstances relevant to the case (a list of specific circumstances is given). Does the person have the necessary level of sensory sensitivity to perceive the stimulus (which is indicated) in the situation that has taken place (the description of the situation is given). In case of violation of certain sensory organs in a given person, the possibility of his compensatory sensitivity is determined. The ability of a person to correctly perceive circumstances relevant to the case is also revealed, depending on the level of his suggestibility.

When clarifying the essence of interpersonal conflicts, it seems possible to identify the emotional characteristics of the personality, its dominant attitudes, the hierarchy of leading motives.

To identify the psychoregulatory characteristics of an individual when interacting with technology, the following questions can be posed: was the person in any conflict emotional state (stress, frustration, affect) during the event of interest to the court (a specific event is indicated). How could this state be reflected on his ability to consciously direct his actions? Whether the person could act in accordance with the requirements of the situation. What are the features of the psychomotor reactions of this person. Does the situation exceed the psychophysiological capabilities of this person?

To pose certain questions to an expert psychologist, the court must be capable of a primary elementary orientation in the mental characteristics of an individual. The court must have reasonable doubts about the adequacy of the behavior of the relevant subject of the civil procedure. The court must clearly differentiate between situations requiring the appointment of a psychological, rather than a psychiatric, examination. Mental abnormalities should not be confused with psychopathological phenomena. Pathological changes in the psyche are associated with a general personality deformation. These changes are the subject of psychiatric research. Psychological anomalies are associated only with the inadequacy of behavior in certain situations, temporary inadequacy in extreme situations. An expert psychologist identifies the individual psychological significance of the situation, its correspondence to the mental capabilities of the individual.

In the case of short-term mental disorders, a comprehensive psychological and psychiatric examination may be prescribed.

The need to appoint a forensic psychological examination also depends on the specific rule of law - the psychological element contained in this rule should have an independent meaning. On the basis of this criterion, the following groups of civil cases are distinguished, during the consideration of which a forensic psychological examination is possible:

cases on invalidation of transactions, the conclusion of which is associated with vices of will;

cases on disputes over the right to parenting and other matters related to personal family relationships;

cases of harm caused by a citizen who is not able to understand the meaning of his actions or to direct them, on compensation for harm in deciding the issue of gross or simple negligence of both the victim and the inflictor, cases on recourse claims for compensation for harm.

If the participants in these categories of cases are minors (in the case of their independent participation in the process) and persons with sensory impairments, the appointment of a forensic psychological examination is mandatory.

Consider some forensic psychological problems that arise within the above categories of civil cases.

As already noted, civil law provides for a number of psychological grounds for the court's recognition of the invalidity of transactions: the inability of a capable subject to understand the meaning of his actions or to direct them at the time of the transaction, delusion, deception, violence, threat, malicious agreement of a representative of one party with the other circumstances.

All of these mental phenomena are called in jurisprudence the "vice of will", denoting the inferiority of volitional regulation of a law-significant behavioral act, the inability of the subject to realize the meaning of the actions performed and to guide them. However, among the above psychological factors, phenomena of a different order are mentioned. Some of them are the cause of volitional deformation, others are the consequence.

Violation of volitional, conscious self-regulation has a dual character: it occurs either as a discrepancy between the will (goal) and the expression of the will, its external expression, or as an inadequate formation of the goal itself - the mental model of the desired result. In the latter case, the intellectual side of volitional regulation is defective.

In a transaction made under the influence of delusion, the will and expression of the will of the subject coincide. However, in this case, an inadequate reflection of the conditions for the formation of a goal occurs, the idea of \u200b\u200ba goal is formed distortedly, under the influence of erroneous ideas about it. The separation in the doctrine of civil law of intellectual and volitional signs from the standpoint of scientific psychology is unreasonable. The ability to direct one's actions depends entirely on the subject's ability to understand the meaning of his actions. Free will, its unlimited means the ability to act competently.

Deformations of volitional regulation can be caused by both internal and external reasons. The reasons for the deformation of volitional regulation of the subject are individual. In a complex system of volitional regulation links, only one link can be violated (inadequacy of motivation, unsubstantiated decisions, defective programming of the system of actions, executive mechanisms, incorrect final assessment of the result achieved). The presence of a "vice of will" cannot be established without identifying a specific mechanism of volitional deformation in a given individual. All neurotic, hysterical, asthenic personality types show a tendency to narrowing of consciousness, decrease in intellectual potential in mentally stressful situations. The reason for the delusion can be heightened suggestibility (suggestiveness), and inadequate anticipation (inadequate anticipation of a future situation), different understanding of the content and volume of concepts used in interpersonal communication, and perception errors caused by sensory insufficiency.

The establishment of a specific "flaw of will" should be the subject of special proof. In many cases, a forensic psychological examination is needed here.

What can cause the inability of a capable person to understand the meaning of their actions and to direct them. This is one of the difficult questions of modern theoretical and diagnostic psychology. It cannot be answered correctly on the basis of worldly wisdom. Wide knowledge in the field of abnormal mental states, knowledge of a specialist psychologist is required.

The presence of a “flaw of will” is established by the court, but it must make its decision on the basis of evidence, in particular, on the basis of materials of a forensic psychological examination. The reason for its appointment is justified doubts about the ability of the party to correctly understand the essential elements of the transaction during its execution.

The adoption by the subject of a decision when deceived by his counterparty cannot generally be attributed to the category of phenomena designated by the term "vice of will". Deception is deliberate misleading of the other party, deliberately creating in her wrong ideas about the circumstances of reality through the transmission of false information. In many cases, only the identification of the motive of behavior allows here to correctly qualify the illegal behavior of the party, to establish the form of guilt - intent or negligence.

Guilt, motive, goals of a legitimate deed are the subject of legal research and assessment. However, the psychological mechanism of behavior motivation can be comprehensively identified only with the help of a specialist psychologist. Its conclusion is especially necessary to clarify the question: was the person under the influence of mental violence of the other party when making the deal?

“In courts, it is not uncommon to hear cases on invalidation of a will due to the fact that at the time of its drafting the testator was subjected to psychological influence, that the person concerned took advantage of the physical helplessness of the testator in bad faith. The courts do not always check this circumstance, although it has legal significance. Therefore, in the absence of data on the psychopathological state of the testator, a forensic psychological examination should be appointed (if data are available, a comprehensive psychological and psychiatric examination).

Psychological competence is needed when solving cases related to the protection of the interests of the child. A litigation in this category of cases arises in cases of the assumption of a violation of the child's right to upbringing, non-performance or improper performance by the parents of their duties. At the same time, it is necessary to reliably establish the personal qualities of the parents, their true relationship and attitude towards the child. From the age of 10, a decisive importance is attached to the child's desire, the truth of which must also be established by an expert. The conflict situation in the family gives rise to negative emotional states in the child - a feeling of depression, fear, isolation, situational antipathy. Children may be in a state of heightened suggestibility, intimidation. To identify their true relationship to each of the parents, special work of a psychologist is needed.

A number of grounds for deprivation of parental rights (cruel treatment, exerting harmful influence) have a psychological content, and the relevant circumstances are subject to forensic psychological expert research. Allegations about "negative impact on children" can only be evidenced on the basis of appropriate research. The court must refrain from socially stereotyped judgments, not succumb to external impressions.

A forensic psychological examination may be appointed in cases arising from civil offenses, in cases related to compensation for damage. In these cases, the question arises about the guilt and the extent of legal responsibility of the participants in the material legal relationship.

The law obliges to compensate for harm caused without fault. But guilt should be established when considering cases arising from violation and improper performance of obligations or culpable harm. But in all other cases, the law presupposes, and the court is obliged to give a differentiated assessment of the behavior of both the tortfeasor and the victim. The volume of civil liability depends on this. In case of gross negligence of the victim, the tortfeasor shall be released from the obligation to compensate for the harm.

As a result of most accidents, as a rule, significant material damage is caused. A recourse action is brought against the person who controls the source of increased danger. Satisfaction of the claim depends on the guilt of the person acting in these conditions. However, in many cases, the subject controlling the equipment is not able to master the situation, make adequate decisions and take actions to prevent an accident. An accident can occur both due to negligence, and due to insufficient competence, and due to exceeding the requirements of the situation of the psychophysiological capabilities of the individual.

When considering cases of this category, the question of the person's guilt inevitably arises. The solution to this question is impossible without clarifying the individual-typological regulatory characteristics of the individual. The adequacy of the decisions made in a non-standard situation depends on his intellectual, psychodynamic and professional qualities. At the same time, one cannot confine oneself to technical expertise.

To determine the guilt of the perpetrator of the accident, circumstances of a psychological nature must be investigated. Human behavior in a mentally stressful situation requires a special psychological analysis.

All emergency situations, as a rule, are associated with a violation of the usual automatisms, the need to switch to expanded conscious control of an unusual set of actions. This significantly lengthens the time of the behavioral act. Often there is an inadequate transfer of stereotyped actions to a fundamentally different situation.

These are just some of the factors of optimality and non-optimality of human behavior in the "man-machine" system. The establishment of guilt, the involvement of the psychophysiological capabilities of the subject in the tort in these cases can be proven only on the basis of an expert psychological study.

Psychological analysis, as a rule, is also needed when distinguishing between intent and negligence, rough and simple negligence. Thus, the People's Court of Moscow considered P.'s claim to U. for compensation for harm caused to the plaintiff's health by hitting the defendant's car. The plaintiff, demanding the satisfaction of his claims, explained that he was crossing the road at an intersection, that he had not violated the traffic rules, and U. suddenly drove around the corner of the house and knocked him down. The defendant argued that he was driving at the permitted speed, but the road was slippery (it was raining), and P. appeared in front of the car unexpectedly, after turning, so he was unable to prevent accidents, although he tried to do so.

The People's Court satisfied the claim for 50% - according to the court, the actions of the victim were characterized by gross negligence, which contributed to the onset of harmful consequences. The Presidium of the Moscow City Court overturned the decision and remitted the case for new consideration. The supervisory authority pointed out that the people's court did not examine all the circumstances of the case when determining the guilt of the victim and the tortfeasor, and that the conclusion about gross negligence of the plaintiff was made only on the basis of the parties' explanations.

Correct resolution of this case required a special study: was U., according to his psychophysiological capabilities, able to act in this situation in an appropriate, adequate way; whether he could brake in time or swerve in time to avoid a collision with a pedestrian. To obtain evidence of U.'s guilt, a forensic psychological examination was needed, it was necessary to find out the specific psychophysiological capabilities of the defendant in this behavioral situation.

The civil law doctrine adopted the provision that only the conscious actions of the subject are subject to legal assessment. However, according to modern scientific psychology, more than half of the acts of human behavior are organized at a subconscious, stereotypical, habitual level. In some cases, only highly qualified specialists in the field of behavioral psychology can solve the problem of the relationship between the conscious and the subconscious in a complex act of human behavior. IN everyday life a significant part of people poorly evaluates the significant consequences of their behavior. Persons with accentuated characters, borderline mental anomalies have persistent, personality defects of mental self-regulation. A specialist in the field of human psychology nowadays becomes the bearer of those special knowledge and research methods that are subject to widespread use in legal proceedings.

The circumstances established by the expert psychologist can be directly and indirectly related to the desired circumstance. Depending on this, the expert opinion becomes a source of direct or indirect evidence.

Psychological examination method

The method of expert research is, along with the subject, the most important distinguishing feature of the type of examination.

In the production of psychological expertise, the method of psychological research is used, with the help of which the mechanism, structure, functioning and various qualitative characteristics of mental activity are studied.

The method of psychological research involves the use of psychological laws and patterns to achieve expert goals, which can be "applicable" to qualitatively different objects. Thus, psychological research is also possible in relation to a mentally ill person. In this case, the task of the psychologist will not be the diagnosis of pathology (this is the sphere of competence of the psychiatrist), but the assessment of how the pathological changes in the personality revealed by the psychiatrist influenced the change in the psychological behavior of the personality, how the pathology "corrected" the action of psychological mechanisms.

The psychological research method includes general and special methods; a set of special methods forms techniques.

The general methods of psychological research include:

Psychological diagnostics;

Forecasting;

Design;

Exposure methods

Not all of them are equally valid in forensic science. In particular, the method of influence has a limited scope. The same can be said about the method of psychological experiment (not every situation can be ethically modeled to achieve expert goals).

General methods are modified through special techniques depending on the specifics of expert tasks and goals.

For example, the method of psychological diagnostics is implemented through special methods: biographical, observation, conversation, instrumental personal techniques, methods of studying the characteristics of certain areas of mental activity. Testing is widely used (for example, tests MMPI, TAT, Rosenzweig, Rooschach, etc.). Usually, a complex of special methods is used for diagnostics, depending on the purpose. Let's say that the study of changes in a person's state in a non-standard situation is carried out using the psychophysiological method, psychometric tests, the method of operator tasks, and personality tests. In some cases, a psycholinguistic method of research is necessary (study of the content of a document, writing in order to establish the thinking skills reflected in it, features of memory, perception).

It is the method that plays important role to differentiate the competence of psychology and psychiatry, psychological and psychiatric expertise. Unlike psychology, psychiatry studies the causes and nature of mental illness. However, such an objective distinction is not enough. A psychologist and a psychiatrist can study the same object, but from different angles. The way of studying is predetermined by the specifics of the method.

Psychiatric examination is characterized by the method of psychiatric analysis, through which distortions, deviations in the functioning of psychological laws and patterns are revealed, and the diagnosis of such deviations as pathological or non-pathological. If the phenomena identified by the expert do not fall under psychiatric diagnostics (cannot be defined as pathological), then the psychiatrist's competence is limited by this statement. Psychological diagnostics and psychological analysis are the competence of a psychologist. When a pathology is detected, the psychiatrist makes diagnostics, determines the degree of deformation of the emotional, intellectual and volitional spheres, ascertains the degree of preservation of certain personality qualities, explains psychopathological behavior in the categories of psychiatry.

However, in practice, there are often cases when, on the one hand, it is necessary to establish the circumstances of a psychological nature (for example, the person's ability to fully understand the actual content of his actions), on the other hand, there is information about deviations in the psyche of a non-psychotic nature (that is, not related to mental disease) In such situations, in the production of expert research, the interaction of specialists in both psychology and psychiatry is necessary. In other words, there is a need for a comprehensive psychological and psychiatric examination.

Finally, the issues of the subject and the method of complex examination are not resolved, the problem of the limits of scientific competence of a psychologist and psychiatrist is debatable. We can say that the general subject of a comprehensive examination is such mental activity, which in general obeys psychological laws and laws, but the latter are "burdened" with certain changes in the psyche of a non-psychotic nature. Most scientists believe that a psychological and psychiatric examination is necessary when it comes to the so-called borderline states, oligophrenia, neuroses, psychopathies, the establishment of affect (non-pathological) in mentally ill, as well as the identification of psychological factors of behavior (actions) of mentally ill who are in remission. In the production of a comprehensive examination at different stages, both methods of psychiatric and psychological research are used.

Conclusion

Summarizing what has been said, it should be emphasized that the tasks and issues facing in our study require further study. This will allow considering the problems posed in the work in the dynamics of the changes taking place.

In the legal literature, various points of view have been expressed on the issue of the moment of appointment of a forensic psychological examination. Some authors believe that a forensic psychological examination of an emotional state (affect, stress, etc.) should be assigned at the initial stage of the investigation, when the external signs of affect are most fully preserved in the minds of eyewitnesses, and in addition, this state can be established by psychological research of the accused. since traces of the experienced affect remain in his psyche.

The most important stage in the appointment of a forensic psychological examination is a clear definition of the issues that need to be resolved through a forensic psychological expert study. Questions put to the permission of an expert psychologist determine the direction and scope of a forensic psychological examination; certain requirements must be imposed on them. First of all, these questions should be of a special nature, be clearly formulated, posed in a logical sequence.

The reasons for the appointment of a psychological examination to determine the main motivational lines of the personality and their hierarchy can be called data that raise doubts about the motives of this or that behavior, the uncommonness, quirkiness of motivation, the inconsistency of the nature of behavior with the goals, inconsistency in explaining the reasons for one's own behavior, etc. , for example, information about conflicts in the family when considering a case arising from marriage and family relations, about the "tough" behavior of spouses, their misunderstanding of each other or children.

In domestic judicial practice, the use of psychological expertise in civil proceedings has not yet become widespread. However, already now, there are processes that tend to change this state of affairs. In particular, research on this area is developing. And, at the same time, the law has been improved, the issues of training experts-experts are being resolved, the attitude of the judicial investigative authorities to the quality of expert opinions is being revised.

We can say that today differs from yesterday in that there is a further accumulation of results and facts, the analysis, systematization and generalization of which contributes to the development of psychological science and the introduction of its practical content into the legal system.

Bibliography

Baranov P.P., V.I. Kurbatov Legal psychology. Rostov - on - Don, "Phoenix", 2007.

Vinogradov E.V. Examinations at the preliminary investigation. - M .: Gosizdat, 1959.

Vasiliev V.L. Legal psychology. SPb .: Peter, 2005.

Chufarovsky Yu.V. Legal psychology. Questions and answers. M., 2007.

Yudina E.V. Legal psychology. Rostov-on-Don, Moscow. 2007.

Volkov V.N., S.I. Yanaev Legal Psychology. M., 2006.

Kudryavtsev M.A. Forensic psycho-long-psychiatric examination. - M .: Legal literature, 1988.

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In the forensic psychological examination, the following research methods are used:

• 1. Observation methodallowing to study the behavior of the subject in natural conditions in the process of communication, study, work. This method for an expert is of an episodic nature and is carried out in the system of assessing cognitive processes, communication, and activities. To confirm the facts of observation, they use the testimony of relatives, colleagues, neighbors, as well as characteristics from the place of study and work (i.e., data of the observed environment are analyzed).
• 2. Natural experiment method, which can be carried out as part of an investigative experiment in order to restore the picture of the crime. By the behavior of the expert, you can get additional information about the identity of the offender.
• 3. Conversation method (question-answer method), with the help of which the attitude of the expert to various aspects of life, norms of behavior, moral principles, etc. is clarified.
• 4. Method of educational psychology, which includes a description of the life of the subject (anamnesis of the personality, the background of the development of deviations in the psyche).
• 5. Study method the results of the criminal case, which provides for the psychologist to familiarize himself with the documentation, letters, testimonies written by the hand of the accused himself. In this case, the handwriting, vocabulary, literacy of presentation and, in general, the level of development of the personality of the accused are assessed.
• 6. Test method, which uses specially designed tasks, tests to assess memory, thinking, emotional-volitional sphere, personal qualities of the subject (for example, tests MMPI, TAT, Rosenzweig, Rooschach, etc.).
• 7. Laboratory experiment, allowing to objectify the observations of the psychologist. It is very rare as there are no special laboratories and equipment. This method provides for special polygraphic research related to the type of "lie detector", in which the features of galvanic skin response (GSR), electroencephalogram (EEG), rhythmocardiogram (RCH) to emotionally significant stimuli are recorded.

When psychological examination is used psychological research method, with the help of which the mechanism, structure, functioning and various characteristics of mental activity are studied. Thus, psychological research is also possible in relation to a mentally ill person. In this case, the task of the psychologist will not be the diagnosis of pathology (this is the sphere of competence of the psychiatrist), but the assessment of how the pathological changes in the personality revealed by the psychiatrist influenced the change in the psychological behavior of the personality, how the pathology "corrected" the action of psychological mechanisms.

The psychological research method includes general and special methods; a set of special methods forms techniques. TO general methods psychological research includes: psychological diagnostics, forecasting, design, methods of influence. Not all of them are equally valid in forensic science. In particular, the method of influence has a limited scope. The same can be said about the method of psychological experiment (not every situation can be ethically modeled to achieve expert goals).

Common methods are modified through special techniques depending on the specifics of expert tasks and goals.

For example, psychological diagnostic method implemented through special methods: biographical, observation, conversation, instrumental personal techniques, techniques for studying the characteristics of certain areas of mental activity... Usually, a complex of special methods is used for diagnostics, depending on the purpose. It is the method that plays an important role in delineating the competence of psychology and psychiatry, psychological and psychiatric expertise. Unlike psychology, psychiatry studies the causes and nature of mental illness. However, such an objective distinction is not enough. A psychologist and a psychiatrist can study the same object, but from different angles. The way of studying is predetermined by the specifics of the method.

Psychiatric examination is characterized by by the method of psychiatric analysis, by means of which distortions, deviations in the functioning of psychological laws and patterns are revealed, diagnostics of such deviations as pathological or non-pathological. If the phenomena identified by the expert do not fall under psychiatric diagnostics (cannot be defined as pathological), then the competence of the psychiatrist is limited. Psychological diagnostics and psychological analysis - the competence of a psychologist. When a pathology is detected, the psychiatrist makes diagnostics, determines the degree of deformation of the emotional, intellectual and volitional spheres, ascertains the degree of preservation of certain personality qualities, explains psychopathological behavior in the categories of psychiatry.

Purpose - the most complete and objective research conducted by an expert psychologist by order of the investigative or judicial authorities. The range is limited by the requirements of the legislation governing the production of expertise.

III. Methods of research methods (classification of psychological research methods proposed by B.G. Ananyev)

1st group. Organizational methods:

- comparative method - a way to study mental patterns by comparing individual phases of the individual's mental development;

- longitudinal method - (from English longitude) - multiple examination of the same persons over a long period of time;

- complex method - representatives of different sciences participate in the research; moreover, as a rule, one object is studied by different means. Research of this kind makes it possible to establish relationships between phenomena of different types, for example, between the physiological, psychological and social development of an individual.

2nd group. Empirical methods:

a) observation - purposeful, organized perception and registration of the object's behavior;

b) self-observation - observation, the object of which is mental states, the actions of the object itself;

c) experiment - this is an active intervention in the situation on the part of the researcher, carrying out systematic manipulation of one or several variables and registration of accompanying changes in the behavior of the object;

d) psychodiagnostic methods:

- tests - standardized questionnaires, as a result of the application of which an attempt is made to obtain an accurate quantitative or qualitative characteristic of the studied mental phenomenon or personality as a whole;

- questioning - one of the group methods of polling on pre-developed questions in order to obtain various indicators of people's opinions;

- poll - is a method based on obtaining the necessary information from the subjects themselves by means of questions and answers;

- sociometry - a method of psychological research of interpersonal relationships in a group, a team in order to determine the structure of relationships and psychological compatibility;

- interview - a method consisting in the collection of information obtained in the form of answers to the questions posed;

- conversation - a method providing for the direct or indirect obtaining of information through speech communication;

e) analysis of performance results - a method of mediated study of mental phenomena based on practical results, objects of labor, in which the creative forces and abilities of a person are embodied;

f) biographical method - study of the personality according to the available facts of her biography;

g) modeling - This is the creation of an artificial model of the studied phenomenon, repeating its main parameters and expected properties. This model is used to study this phenomenon and draw conclusions about its nature. It is used when it is difficult or impossible to use other methods.

3rd group. Data processing methods:

- quantitative (statistical) method - some methods of applied mathematical statistics used in psychology mainly for processing experimental results;

- qualitative method - the establishment of various properties, features of the studied mental phenomena, the differentiation of the material into groups, its analysis.

4th group. Interpretive methods:

- genetic method - a way of studying mental phenomena, which consists in analyzing the process of their emergence and development from lower forms to higher ones;

- structural method - the establishment of structural links between all personality characteristics.

Characteristics and conditions for the effectiveness of the methods

legal psychology

The choice of methods for studying the personality of the subjects of various legal relations, as well as the adequacy of the methods themselves, largely depends on the nature of the issues requiring resolution. Lawyers use some methods on their own without any outside help, while others can only be used by specialists in a particular field of psychology, as, for example, when conducting a forensic psychological examination, as well as in the course of professional psychological selection of persons to serve in law enforcement agencies, applicants to educational institutions.

First of all, let us dwell on the methods that are widely used not only by psychologists, but also by lawyers themselves in their practice in the process of investigating crimes, during the consideration of criminal cases, civil disputes in court.

1. Method of conversation (interview). Main purpose Conversation consists in obtaining the necessary information about the person of interest and other persons in the process of communication in a psychologically favorable environment.

In the course of the conversation, an opinion is made about his development, intelligence, mental state, about his attitude to certain events, people. And although with the help of a conversation it is far from always possible to obtain exhaustive information, nevertheless it helps to form a definite opinion about the subject, to determine the most tactically correct line of behavior towards him.

For his part, during a conversation, a lawyer should make a favorable impression on his communication partner, arouse his interest in the issues discussed, a desire to answer them, and participate in a dialogue. The conversation helps the lawyer to demonstrate his positive qualities, the desire to objectively understand certain phenomena. Therefore, it is an important tool for establishing and maintaining psychological contact with persons with whom the dialogue will continue in one form or another.

Questions about the identity of the interviewee should not be asked from the outset. It is better if they arise naturally as a result of a conversation on topics that are more neutral in their content.

2. Method of observation. Obviously, any conversation is accompanied by mutual observation, the so-called visual contact of communication partners. In psychology, direct and indirect observation are distinguished. According to the nature of contacts with the objects under study, observation is subdivided into direct and indirect, according to the nature of interaction - included and non-included (from the outside) observation.

The observation method is also widely used in legal practice for cognitive purposes, for example, by an investigator during investigative actions. So, during the inspection of the scene, search, interrogation, investigative experiment, presentation for identification, the investigator has the opportunity to purposefully observe the behavior of the persons of interest, their emotional reactions and, depending on this, change the tactics of his behavior.

Along with this, the investigator uses information from indirect observation. Comparative analysis of the results of direct and indirect observation of the behavior of certain persons in different conditions allows one to obtain additional information.

From this point of view, the observation method gives a lot of positive things. However, it is rightly noted that during observation "one can easily confuse the essential with the secondary, or interpret some events based on what the observer expects to see, and not on what actually happens." In such cases, we can face the most common errors, with the so-called gala effect, or halo effectleading to exaggeration or understatement of the severity of certain human properties, with "averaging errors" arising from logically incorrect conclusions, under the influence of professional deformation, the effect of group, suggestive pressure, mental attitude towards a particular person.

In order to increase the effectiveness of observation, neutralize erroneous ideas, it is necessary to be more strict about your conclusions, more objectively record the specific results obtained, not succumbing to the temptation to judge complex phenomena based on the first, sometimes superficial impressions.

3. Method of self-observation (introspection). This method consists in the fact that the researcher is both a subject, observing himself and fixing everything that happens to him during the experiment. In the practice of a lawyer, self-observation is of an auxiliary nature.

Self-observation can be used by a lawyer as a method of self-knowledge, allowing him to reveal his characterological characteristics, personality traits in order to better control his own behavior, to neutralize in time, for example, the manifestation of unnecessary emotional reactions, outbursts of irritability in extreme conditions caused by neuropsychic overloads and etc.

4. Questionnaire method. It is characterized by the homogeneity of questions that are asked to a relatively large group of people to obtain quantitative material about the facts of interest to the researcher. This material is subjected to statistical processing and analysis. It is used in the study of the mechanism of the formation of criminal intent, the professiogram of the investigator, professional suitability and professional deformation of the investigator. It is currently used by practitioners to investigate some aspects of the causes of crime.

In parallel with the questionnaire, "public opinion machine"... The main advantage is complete anonymity.

5. Experimental method. Experiment is one of the common methods for studying personality. For example, an investigator has the right to make investigative experiment... In some cases, the purpose of such an experiment is to obtain data on a person's ability to perceive a particular phenomenon, an object under certain conditions. As a result of this, it is possible by investigative means to obtain information of psychological content about the qualitative side of the processes of perception from the witness, as well as on some other issues.

The experimental method is widely used when conducting forensic psychological examination in order to study the mental processes of the subject: perception, memory, thinking, attention. With the help of specially developed experimental psychological techniques (tests), the quantitative and qualitative characteristics of human mental cognitive processes are investigated.

The experimental method studies the dependence of the characteristics of mental processes on the characteristics of external stimuli acting on the subject (according to a strictly defined program). Views: laboratory and natural experiments.

Laboratory experiment circulated in scientific research and during forensic psychological examination (sophisticated laboratory equipment is used). Disadvantages: difficulty in using technology in the context of the practical activities of law enforcement agencies; the difference between the course of mental processes in laboratory conditions from their course under normal conditions.

The disadvantages of a laboratory experiment are overcome by using the natural experiment method.

6. "Biographical" method. The main purpose of this method is to collect information about facts and events that have social and psychological significance in a person's life, from the moment of his birth to the period that interests the investigator, the court. During the interrogation of witnesses who know the accused well, information is found out about the parents, the social environment in which he grew up and was brought up, his relationships with others, about his studies, work, interests, inclinations, past illnesses, injuries, character. When necessary, various medical documents, characteristics from school, from the place of work, personal files, letters, diaries, etc. are studied. All this information helps to understand the reasons for this or that human behavior, the motives of his actions.