Psychological examination of emotional states. Consultation for teachers on the topic: "Examination of emotional states". Forensic psychological examination of emotional states
Introduction
Chapter 1. Forensic psychological examination
1 The concept and types of forensic psychological examination
2 The procedure for the appointment and production of a forensic psychological examination
Chapter 2. Forensic psychological examination of emotional states
1 Types of legally significant states considered during the forensic psychological examination
2 Methods for conducting a forensic psychological examination of emotional states
3 The conclusion of the forensic psychological examination
Conclusion
Introduction
The relevance of research. The processes of humanization of the life of society are embodied in an increase in interest in a person as a subject of social relations, his inner world, which is formed as a result and on the basis of an active, mental reflection of reality. In various spheres of human practice, one can note the desire to solve issues of education, training, improvement of labor activity, management of teams of people, and many others, taking into account the psychological characteristics of the unique individuality of each person.
Object of study: legally significant emotional states.
The subject of the study is the emotional state of a person during a forensic psychological examination.
Purpose of the work: to consider the forensic psychological examination of emotional states from the point of view of jurisprudence and psychology. To achieve this goal, it is necessary to solve the following tasks:
-The concept and types of forensic psychological examination -The procedure for the appointment and production of a forensic psychological examination -Types of legally significant states considered during the forensic psychological examination -Methods for conducting a forensic psychological examination of emotional states -The conclusion of the forensic psychological examination In the process of conducting the study, we used such methods of cognition as: general scientific (dialectics, analysis, synthesis, statistical method), private scientific (comparative-comparative, formal-legal, and others). With regard to the criminal process, the use of special psychological knowledge and methods of scientific psychology is of great practical importance, allowing to objectively establish and evaluate the psychological characteristics, causes and internal mechanisms of specific actions of people involved in the field of criminal justice. The study of investigative and judicial practice shows that as a result of the timely and justified application of special psychological knowledge, the possibilities of establishing many facts necessary for the correct resolution of criminal cases are significantly expanded. The main form of using special psychological knowledge in the modern criminal process is forensic psychological examination (FPE), which develops in accordance with the general principles enshrined in the law (Articles 78, 79 of the Criminal Procedure Code of the Russian Federation) that regulate expert activities in criminal cases. Forensic psychological examination is capable, in certain cases, of providing significant assistance in resolving issues fundamental to the criminal process about the guilt of persons who have committed socially dangerous acts. In the process of investigating criminal cases, considering civil cases and proceedings on administrative offenses, issues often arise, the resolution of which requires special knowledge from the field of medicine and biology. Since the persons and bodies themselves conducting an investigation, proceedings on an administrative offense or considering civil cases in court do not have such knowledge, they resort to the help of the competent authorities authorized to conduct forensic psychological examinations. Work structure. The work consists of an introduction, two chapters, a conclusion, a list of used legal acts, and special literature. Chapter 1. Forensic psychological examination
.1 The concept and types of forensic psychological examination
Forensic psychological examination is a study conducted by a knowledgeable person - an expert - on the basis of special knowledge in the field of psychology in order to give an opinion, which, after its appropriate verification and evaluation by the investigator or court, will be evidence in a criminal or civil case. The subject of a forensic psychological examination is the study of the totality of the psychological characteristics of a person that seriously influenced the commission of a crime. The object of forensic psychological examination is the mental activity of a healthy person. The personality of the subject (accused, victim, witness) is always at the center of the study. The competence of forensic psychological examination includes: · establishing the ability of juvenile accused, who have signs of mental retardation, to be fully aware of the significance of their actions, to control 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 (including juveniles and minors) to correctly understand the nature and significance of the actions committed with them and to resist; · establishing the presence or absence of a state of passion or other non-pathological emotional states in the subject at the time of the commission of the crime ( strong fear, depression, emotional stress, frustration), which can significantly affect his consciousness and activity; · establishing that a person who allegedly committed suicide, in the period preceding his death, had a mental state that predisposed to suicide. As well as determining the probable causes of this condition; · the establishment of leading motives in human behavior and the motivation of individual actions as important psychological circumstances that characterize a person; establishing the individual psychological characteristics of the subject, which can significantly affect his behavior and the appearance of his intention to commit a crime; · establishing the structure of a criminal group based on the available data on the psychological characteristics of the personality of its members, which allow them to occupy a dominant or any other position in the group. SPE as a special procedural action Actions initiating legal relations actions of the court (prosecutor's office) on the appointment of an examination, mediated in the determination (decree of the investigator) on the appointment of a PPE: actions that constitute the content of legal relations on the part of the court (prosecutor's office) to involve an expert, explain to him his duties and rights, determine expert tasks (mediated in the determination or decision on the appointment of an examination), control over the legality of the production of the PEA, request the opinion of the PPA, its assessment, determination of its probative value (mediated in a court decision), etc. actions that constitute the content of legal relations on the part of the expert within his procedural rights and obligations: gives an objective opinion on the issues raised in the procedural form established by law, gets acquainted with the case materials, participates in the trial, asks the court to provide additional materials. In some cases, it may refuse to give an opinion. Has the right to expert initiative SPE as a special study. During the examination, knowledge is applied that is not generally known, but relates to the subject of psychological science. The form of application of special knowledge is research (as opposed to consultation, providing the court with information of a reference nature, etc.). The stages of the study are: the definition of an expert task, the choice of specific methods in relation to the object of study, the acquisition of psychological facts and their interpretation in order to formulate an expert conclusion. The purpose of the study is to obtain new factual data that were not known to the court and which cannot be established in any other way. In other words, the subject of the SPE is the individually peculiar features of the mental reflection by the participants in the process of various phenomena of the surrounding reality, which are important for the correct resolution of criminal and civil cases. It is important to keep in mind that forensic psychological examinations are subject to classifications common to all forensic examinations. Let's name the most important of them. Sole and commission examinations This classification is based on the number of experts conducting an expert study. Sole examination is carried out by one person with special knowledge in the field of psychology. Commission examination is an examination carried out by several experts of the same specialty (or narrow specialization). Typically, this type of examination is required in case of its particular complexity, laboriousness or significance in the case. A commission examination may be carried out by one expert who has knowledge in several related fields of science and technology, or by a commission of experts, each of whom has knowledge related to two related sciences. Main and additional examinations The main examination is the examination appointed to resolve the issues posed to the experts. Additional in relation to it will be a new expert examination appointed due to the incompleteness or insufficient clarity of the previous (main) expert opinion, but in the absence of doubts about the reliability of its conclusions. An additional examination is carried out only when the incompleteness or lack of clarity of the main expert opinion cannot be eliminated by questioning the expert and the latter requires additional research. Additional expertise is appointed in case of insufficient clarity or completeness of the conclusion. The ambiguity of the expert opinion can be expressed in the vagueness of the wording, their vagueness, uncertainty, etc. Usually this drawback is eliminated by questioning the expert, since this does not require additional research. The incompleteness of the expert opinion occurs when the expert left some of the questions put to him without resolving, narrowed their scope, did not examine all the objects provided to him, etc. Primary and repeated examinations Primary examination is carried out for the first time in this case in relation to this person. A repeated examination is carried out for the second time in relation to this person if there are doubts about the validity or correctness of the conclusions of the primary examination. Several re-examinations may be appointed on the case, which, in the order of their appointment, are referred to as the second, third, fourth, etc. A re-examination is carried out if the expert’s conclusion is unfounded or there are doubts about its correctness. The validity of the expert's conclusion is its argumentation, persuasiveness. The conclusion may be recognized as unreasonable if the methodology used by the expert raises doubts, the amount of research conducted is insufficient, the expert's conclusions do not follow from the results of the research or contradict them and in other similar cases. The main difference between the additional and re-examination is that during the additional examination, issues that were not previously resolved are resolved, and during the second examination, already resolved issues are re-examined (rechecked). Therefore, the procedural order of such examinations is also different. An additional examination is entrusted to the same or another expert, and a repeated one - to another expert or other experts. Particular attention should be paid to the fact that not every new forensic psychological examination of a given person necessarily refers to an additional or repeated one. Thus, an inpatient examination, appointed in cases where the issues raised were not resolved on an outpatient basis, is neither additional nor repeated in relation to an outpatient examination. A prerequisite for additional and repeated examinations is the presence of an expert opinion containing answers to the questions posed (at least some of them) as a result of previous expert studies, however, this previous conclusion and its conclusions do not satisfy the body that appointed the examination, in terms of clarity and completeness or in terms of credibility. If the members of the outpatient expert commission came to the conclusion that it is impossible to resolve expert issues on an outpatient basis and an inpatient examination of the subject is required, then in fact there is no expert opinion itself. The experts of the outpatient commission actually draw up a written document on the impossibility of giving a conclusion, although they draw it up with a traditional forensic psychological practice act of a forensic psychological examination. This circumstance is not always taken into account in practice, which leads to terminological confusion and essentially incorrect procedural decisions. Homogeneous examinations are carried out by representatives of one branch of science, and complex experts - by specialists from different branches of scientific knowledge. Forensic psychologists usually conduct due diligence with forensic psychiatrists and forensic doctors. A comprehensive examination is an examination, in the production of which several experts of various specialties or narrow specializations (profiles) participate. Comprehensive examinations are not provided for in the current criminal procedure legislation. Despite this, such examinations are becoming more widespread. Comprehensive examination has a number of features, distinctive features. Firstly, several experts of various specialties (specializations) participate in its production - hence the division of functions between them in the research process follows; secondly, the general conclusion is given according to the results obtained by various experts. F.S. Safuanov notes that there are several types of classification of forensic psychological examination, which are important for the practice of preliminary investigation and judicial system" according to the place and conditions of the conduct, according to the procedural status of the sub-experts, according to the subject of the examination. 1.2 The procedure for the appointment and production of a forensic psychological examination
The legal basis for the production of a forensic psychological examination is the decision of the person conducting the inquiry, the investigator, prosecutor or judge, or the decision of the court (the judge and two people's assessors). Other written documents or oral instructions cannot serve as a basis for conducting an examination. The decision on the appointment of an examination must necessarily indicate the rationale for its appointment. The arguments of the person who ordered the complex psychological and psychiatric examination should be especially reasoned, since it should be clear from the justification why in this particular case there is a need to use both psychiatric and psychological knowledge. In addition, the resolution must contain other information: who and when issued the resolution - full name of the expert or the name of the institution in which the examination should be carried out; questions put to the experts, and materials made available to the experts. The questions posed to the expert psychologist should not go beyond his competence. As sources of information provided to the expert, usually indicate: the person under expert; criminal case; attached medical documentation. This does not exclude the possibility that, if necessary, other materials may be provided that are important for the production of a forensic psychological examination and attached to the criminal case: creative products (drawings, literature) of the subject, letters, diaries, video recordings of the investigative experiment, the procedure for appointing and production of forensic psychological examination of interrogations, etc. The appointment of a forensic psychological examination imposes special requirements on the body conducting the proceedings in the collection of the materials necessary for the examination. In particular, data on the identity of the person under expert should not be limited to characteristics from places of work and residence, which are often formal. It is necessary to collect complete biographical data (heredity, features of family upbringing, academic performance and relationships in educational institutions), information about attitudes towards family, work, colleagues, friends, to oneself, about behavior, about the characteristics of responding to emergency situations. An application for the appointment of a forensic psychological examination can be made by the person in need of an examination (accused, witness, victim), as well as his representative (defender of the accused, legal representative of the victim). A petition can be filed with the body in charge of the criminal case, and it must be substantiated. The body conducting the proceedings in a criminal case has the right, and at its own discretion, in the absence of petitions, to come to a conclusion on the appointment of an expert examination (in a preliminary investigation of a criminal case, this is an interrogating officer, investigator, prosecutor; in a trial, this is a judge or a court in a collegiate composition). The investigator is obliged to familiarize the accused with the decision to appoint an expert examination (except in cases where his mental state makes it impossible) and to explain his rights. The accused has the right to challenge the expert psychologist, to ask for the appointment of an expert from among the persons indicated by him, to submit additional questions to obtain an expert opinion on them, to get acquainted with the expert's opinion. The investigator may satisfy the petition of the accused and change or supplement his decision on the appointment of an expert examination, or refuse the petition by issuing an appropriate Resolution, which is announced to the accused on receipt. As experience shows, it is advisable to conduct a forensic psychological examination of a person who has committed an offense in a criminal case after the presentation of charges or before drawing up an indictment, i.e. at the end of the investigation, in a civil case during the preparation of the case for hearing. In the administrative process, the specified expert examination may be appointed during the trial of the case. An early appointment of an examination, when the main evidence has not yet been collected, the participants in the event of the offense have not been identified, may turn out to be premature, and the examination itself may be incomplete. In accordance with the criminal procedure legislation, the investigator may be present during the production of any examination assigned to him, including forensic psychological Civil procedure legislation provides for the possibility of conducting a forensic psychological examination in court or out of court, if this is necessary for the nature of the expert study. The appointment and conduct of a forensic psychological examination in court has a number of features. There is no clear definition in the criminal procedure law of the procedure for summoning an expert to court, except in cases where the expert took part in the case during the preliminary investigation. The civil procedural legislation provides for the summoning of participants in the process by notices and subpoenas. In practice, there are both semi-procedural and procedural procedures for calling expert psychologists. In cases where a judge or court assumes the need for a forensic psychological examination, then at the stage of bringing the accused to trial or preparing the case for hearing, such a summons may be specifically stipulated in the decision or ruling of the judge. At the preparatory stage of the trial, a ruling may be issued on the appointment of an expert examination and admission to the trial, and during the trial, the trial - another ruling on posing questions to expert psychologists. Questions can be posed in the first definition, and in the second definition they can be specified and supplemented. Conducting a forensic psychological examination in court, on the one hand, has a number of advantages compared to conducting it during a preliminary investigation or inquiry. In court, an expert psychologist is a participant in the direct proceedings. He can find out, clarify circumstances important to him, participate in the study of evidence, in interrogations, confrontations, examinations, etc., demand that new persons be summoned, new evidence be collected, etc. On the other hand, when conducting an examination in court or during the trial of the case, expert psychologists are significantly limited in time. This affects the choice of expert survey methods, the interpretation of the data obtained, and the quality of the expert opinion. An important point in the appointment of a forensic psychological examination is the choice of experts. A forensic psychological examination may be carried out by an expert commission consisting of at least two or three specialists. Preference in engaging as experts should be given to scientific and scientific-pedagogical workers, persons with a basic psychological education or working in the field of psychology in educational or research institutions for at least 5 years and having scientific publications in psychology. The expert commission requires the participation of a specialist in forensic psychology; it can be a teacher in this discipline at a law school or an employee of a research institute working in this industry. When appointing an expert examination in an expert institution, the investigator or the court sends there a resolution (determination) and materials provided to the expert. On the basis of a decision (determination), the head of an expert institution entrusts the performance of an expert examination to one or more employees of this institution, who are obliged to conduct an expert study and give their opinion. In the expert opinion, a note is made to clarify the rights and obligations and to warn about liability for giving a knowingly false opinion. If the examination is carried out outside the expert institution, then the investigator or the court, after clarifying the personality, specialty and competence of the psychologist who is entrusted with the examination, hands the expert a resolution (determination), explains the rights and obligations, warns of responsibility for giving a deliberately false conclusion. The investigator makes a note about the fulfillment of these actions in the decision on the appointment of an examination, which is certified by the signature of the expert. V.F. Engalychev and S.S. Shipshin believe that the appointment of an examination in accordance with the procedural actions must be formalized by a special written act: at the preliminary investigation by a decision, and in the process of judicial consideration of the case by a court ruling. In investigative practice, a certain stereotype of a decision on the appointment of an examination has been developed. It consists of three parts "introductory (introductory), descriptive and resolutive. The introductory part indicates when (year, month, date), where (location), who (position, class rank or rank, surname, initials) drafted the decision and in what criminal case (the name of the fact under investigation or the name of the accused and the article of the Criminal Code on the basis of which the case was initiated).The descriptive part of the decision briefly sets out the circumstances of the case and the grounds for the appointment of an examination, in particular the need to establish certain facts, verify and accurately assess the available evidence especially when they are inconsistent. At the end of the descriptive part, a reference is made to the articles of the Code of Criminal Procedure of the Russian Federation, in accordance with which an examination is appointed. The operative part indicates what type of expertise is assigned and to whom it is entrusted (expert institution or a specific expert), questions are formulated for the expert. If it is necessary to conduct a forensic psychological analysis of specific results of activities (texts, photo, audio, film, video materials), the objects to be studied, including comparative samples, are also listed. The following requirements apply to the questions posed to the expert. Questions should not go beyond the special knowledge of a knowledgeable person who is entrusted with the production of an examination. For example, it is unacceptable to put before an expert psychologist questions that can be solved on the basis of special knowledge from other branches of science or technology. .The questions asked to the expert should not be of a legal nature. This refers to questions about the existence of a corpus delicti, the guilt or innocence of a certain person, the form of his guilt, which are decided by the investigator and the court on the basis of the evidence in the case. As a general rule, the assessment of any actions from a legal point of view, taking into account certain legal norms, is the prerogative of the investigator and the court. An exception is made only for norms of technical content (for example, safety regulations), the understanding of which requires special knowledge that goes beyond the professional training of investigators and judges. Putting before the expert questions about the compliance of certain actions with such rules is quite legitimate. At the same time, the expert should not be asked questions concerning the observance of simple technical rules, the clarification of which does not require special knowledge and can be established by the investigator and the court by analyzing the case materials. The wording of questions to the expert should be specific, clear (unambiguous), specific and as concise as possible. Questions that meet this requirement give a clear idea of the fact to be established by examination. The list of questions should be sufficiently complete so that the expert's opinion is exhaustive. At the same time, only those questions should be raised, the clarification of which is dictated by necessity. Questions should be listed in a strict logical sequence, first formulating those on the solution of which the decision of others depends. It is recommended to group questions according to the objects of research, as well as episodes of the case and versions. It is pointless to pose questions to an expert that are obviously impossible to solve in the current state of science. Before it is sent (presented) to the expert, the resolution on the appointment of an expert examination must be presented (announced) to the accused. If the accused is a minor or, due to his physical or mental disabilities, is not able to independently exercise the right to defense, then his legal representative, defense counsel, teacher may be present when familiarizing himself with the decision. via translator. 2. Forensic psychological examination of emotional states
.1 Types of legally significant states considered during the forensic psychological examination The study of strong and deep emotional states is, first of all, relevant for the psychology of a normal person and legal psychology, because allows you to reveal the mechanism and degree of influence of the emotional state on the functioning of consciousness and the manifestation of behavior. Solving the problem of legally significant emotional states is relevant for both legal practice and theory, because such a study gives reason to fill the legal concepts corresponding to the concept of "emotional state" with adequate psychological content. Drafting complete list emotional states that significantly affect the consciousness and behavior of a person and the study of the degree of their influence are relevant for legal psychology and forensic psychological expertology, investigating the manifestation of "narrowed consciousness" and the possibility of its scientific diagnosis. Forensic psychological examinations (FES), conducted in such cases, in their conclusions, diagnosing the absence of physiological affect, established the significance of the influence of the emotional state on the consciousness and / or behavior of the subject. The study of the practice of conducting forensic psychological examinations (FPE), our own expert experience showed that one indication of the type of experienced state is not enough to prove the significance of its influence, while the very statement of the significance of the influence, often found in the conclusions of experts, is not convincing without referring to the manifestation a person's abilities to correctly understand the environment, realize the significance of his actions and manage himself. The analysis showed that it is important to create standards for the manifestation of these abilities in legally significant situations that characterize the capabilities of a person as a social subject. If these abilities are manifested in legally significant situations, it is legitimate to call them legally significant subjective abilities, in short: subjective abilities or legally significant abilities. In legal psychology, a standard was developed for the manifestation of the ability to correctly understand legally significant phenomena; signs of the ability to realize one's actions and manage oneself were established. However, more often in the scientific literature and in the texts of examinations there is a mixed list of signs of these abilities under the "cap" of a narrowed consciousness, with varying degrees of completeness reflecting the signs of a narrowed consciousness in comparison with the physiological affect. Thus, the diagnoses used by legal psychologists such as "not fully capable", the appeal to the concept of "incomplete ability" in scientific research are legitimate, provided that there are standards for the manifestation of 3 subjective abilities. For the theory and practice of SPE, it is relevant to develop a methodology for conducting a diagnostic study of the significance of the influence of any emotional state on consciousness and technologies for preparing a scientifically based conclusion that can be evidence. The lack of knowledge of legally significant emotional states, the mechanism and degree of their influence on subjective abilities, as well as the possibility of their objective diagnosis, led to the formulation of the research problem. The peculiarity of emotional regulation, in contrast to conscious regulation, is the replacement of rational components by emotion in accordance with the signal, evaluative, energy-providing and other functions of emotions. To determine the significance of the influence of any emotional state on the consciousness and behavior of a person, standards for the manifestation of 3 legally significant subjective abilities are needed: understanding reality, understanding the meaning of one's actions and implementing their regulation. Based on the requirements of a situation that has a social character, it is possible to create theoretical models for the manifestation of 3 legally significant subjective abilities of a person. Due to the temporary nature of the emotional state, its pronounced subjectivity and complexity, non-reproducibility in expert conditions, etc., for its diagnosis, a special technique for conducting PSE should be created that guarantees the objectivity and reliability of the results obtained, reflected in the expert’s opinion in such a way that be correct, convincing and understandable to any participant in the criminal process. Provisions for defense: The emotional state can and should be the subject of the SPE, since it belongs to the class of mental states. Among the legally significant emotional states, we single out psychological (informational and emotional) stress; affect, acute grief and anxiety (helplessness-hopelessness) as a manifestation of the crisis; the state of jealousy and the state of anxiety as conflict states; different types of states of frustration; as well as passion. The mechanism of the influence of emotions as a state is determined by the possibilities of the functioning of the psyche with the dominance of the mode of experience: the state reduces the subjectivity of the face, "noises" not only the channel of perception, but also slows down mental activity in general, makes it impossible to display full-fledged activity with mental activity, i.e. reflection and will. For the expert establishment of the essence of the influence of the emotional state, only the significance of the influence of the experienced state of the subject on the manifestation of his legally significant subjective abilities is significant. Modeled standards for the manifestation of 3 legally significant subjective abilities and the mechanism of emotional regulation. The SPE of the emotional state is a retrospective construction of a model of the functioning of consciousness and the manifestation of the behavior of a particular subject in a legally significant situation under study, which makes it possible to compare the manifestation of his subjective abilities with their standards. To be objective, reliable and convincing, the SPE of the emotional state must take into account not only the discrepancy between the requirements of the situation and the psycho-physiological capabilities of the subject, but also compare the emotional response possible for this person with the retrospectively reconstructed one, and their coincidence is proof of its actual presence. 2.2 Methods for conducting a forensic psychological examination of emotional states
When conducting forensic psychological examinations, a complex of methods is always used. Forensic psychological examination involves the study of the human psyche, the psychological mechanisms of his behavior. This is the reason for the specificity of the chosen methods. In each specific case, the choice of research methods depends on the tasks of the examination and the questions that are put to the permission of the forensic expert. Forensic psychological research begins with the study of the materials of the criminal case. A thorough study of such materials forms the basis for a retrospective psychological analysis of the activities of the participants in the event. The information contained in the protocols of investigative actions is subjected to study, the testimonies of various persons (witnesses, victims, accused) are analyzed. Particular attention should be paid to documents that contain information about the socio-psychological characteristics of the personality of the subject, his behavior at the time of the crime, and his attitude towards the deed. It is necessary to analyze the results of the forensic psychiatric examination. Conducting a forensic psychological examination involves the use of a biographical method. This method involves the study of the subject from the point of view of the stages of life that he has passed, the identification of facts of psychological significance. In the course of applying the biographical method, it is supposed to obtain data on the parents of the subject, his relationships in the family circle (with parents, brothers, sisters), the most important stages of his life (characteristics of preschool, school and adulthood). Forensic psychological research involves the use of the method independent characteristics in order to obtain an objective idea of the psychological characteristics of the subject. Based on the materials of the criminal case, characteristics from the place of work, place of residence or study are studied. The information contained in the reports of interrogation of parents, friends, acquaintances, colleagues at work, etc., is analyzed. Each forensic psychological examination involves the use of the method of conversation with the subject. It's about about the direct communication of the forensic expert with the subject. Such a conversation should be conducted according to a previously developed program, in accordance with the studied materials of the criminal case. The conversation is carried out by asking questions to the expert. The immediacy of communication involves the establishment of psychological contact with the subject. In this regard, it is important to respect the personality rights of the subject, respect for his honor and dignity, independence from other participants in the process. An expert psychologist should always remember the presumption of innocence (accused of a crime is not yet a criminal). In the process of conversation with the subject, the method of observation becomes important. Observation allows you to register reactions to stimuli, changes in behavior in the course of asking questions, attitudes towards certain events, persons, circumstances. With the help of this method, certain psychological characteristics of the subject can be diagnosed. In Russia, the first known attempt to conduct a forensic psychological examination dates back to 1883. It was undertaken during the investigation of a criminal case on charges of the Moscow notary Nazarov of raping an amateur actress Cheremnova. As Cheremnova told the investigation, on the day of the crime, she made her debut on stage. The agonizing expectation of the performance, the excitement experienced on stage, caused Cheremnova, according to her, such a deep decline in physical and mental strength that, left alone with Nazarov, she was not able to resist him. Wanting to get objective information about the impact on the psyche of the experiences associated with the first performance on stage, the investigator decided to interrogate two famous actresses - M. N. Yermolova and A. Ya. Glama-Meshcherskaya. An attempt was made to obtain information about the psychological state of the actor on the day of the debut. Forensic psychological examination is a psychodiagnostic examination, the end result of which is a psychological diagnosis (establishment of individual psychological characteristics of a person). In this regard, psychodiagnostic methods (tests) are of great importance. Tests are classified on various grounds: according to the characteristics of the tasks used (verbal and practical tests), according to the forms of the examination procedure (group and individual tests), according to their focus (intelligence tests and personality tests). In the production of forensic psychological examinations, personality research methods are used (MMPI test - the Minnesota multi-aspect personality questionnaire; thematic apperception test - TAT; "Rorschach test", etc.); methods of thinking research (story by picture; pictogram method; elimination method, etc.); methods of memory research (memorization of words; method of mediated memorization; memorization of ten numbers, etc.); methodology for studying perception and attention (studying the perception of the shape of objects; studying the volume of attention, etc.). The tests used in the practice of forensic psychological examination must be valid. Validity is one of the main criteria of the test, which means its suitability for the purposes of the study; this is a complex characteristic of the test, which includes information about the area of the studied phenomena and the representativeness of the diagnosis. In addition, the test must be a reliable reflection of the accuracy of the measurement, as well as the resistance of the test results to the action of extraneous random factors. Using the test method. The term "test" comes from the English word test, which means test, test, test. The test is a specific task (a system of tasks) that allows you to measure the level of development of one or another psychological property (quality) of a person. In psychology, the term "testing" is also used, denoting a test or test using standardized tasks (tests) that differ in the corresponding scale of values. Testing is used to measure individual differences. In psychology, there are intelligence tests (to identify the mental potential of an individual), personality tests (various aspects of a personality are measured: attitudes, values, relationships, emotional properties, etc.), creative tests (to study the creative abilities of an individual), achievement tests (determining the degree of possession specific knowledge, skills), projective tests (for a holistic study of the personality, based on the psychological interpretation of the results of the projection (transfer by the subject of his own properties or states to external objects), etc. In particular, in order to study the cognitive sphere, for example, perception, the method of explaining plot pictures can be used, which consists in presenting certain pictures to the subject: funny, sad, with a complex plot. This takes into account the activity and desire of the subject to consider the picture, the time spent. As a result of testing, data can be obtained on the intelligence of a person, the ability to highlight a significant, emotional reflection (response). In order to study the perception of the subject, the method of finding numbers using Schulte tables is effective. The essence of the test is as follows: tables or tablets are used, on which the numbers from "1" to "25" are written in a different order. On each of the five tables they are written differently. The subject is asked to find, show and say aloud all the numbers in order and do it as soon as possible. When evaluating the results, the difference in the amount of time spent on each table is taken into account. An increase in it on the last tables indicates fatigue, an acceleration indicates slow working in. Normally, each table should take the same time (from 30 to 50 s). To study the cognitive sphere, the method of memorizing ten words can be applied. The subject is read ten words and asked to repeat in any order. The experiment is repeated five times, an hour later - again. The memory curve may indicate a weakening of active attention, fatigue, "stuck" on a mistake. Some modification of the test under consideration in the form of a method of memorizing ten numbers was used in special forces to determine the features of memorization by subjects in extreme conditions (ten different two-digit numbers were offered). The visual-motor test "Bender's forms" is aimed at identifying brain lesions, determining emotional disorders. Nine simple figures are presented at once on one card. There are eight cards in total. The subject is asked to copy each image from the sample in front of him. The analysis calculates the time and nature of the performance of each task. The use of test methods does not allow for a simplified approach. The history of legal psychology knows periods when, in order to determine involvement in a committed crime, the use of testing was proposed. In particular, there was a recommendation to use the "blot" test (in psychology, the Rorschach test) to "diagnose" involvement. If the subject in the Rorschach ink stains noted the similarity with traces of blood, a conclusion was made about involvement in the commission of a crime. At the same time, the introduction of the Rorschach test into psychological practice was one of the major achievements of psychology in the 20th century. This test is designed to diagnose hidden attitudes, motives, character traits. The main theoretical installations of Rorschach were as follows. If a person operates with the whole spot, then he is able to perceive the main relationships and is inclined to systematized thinking. If he is fixated on small details, then he is picky and petty, if on rare ones, it means that he is prone to "extraordinary" and is capable of heightened powers of observation. Responses to a white background, according to Rorschach, indicate the presence of an oppositional attitude: in healthy people - a tendency to debate, stubbornness and self-will, and in mentally ill people - about negativism and strange behavior. In the practice of determining professional suitability and in the production of forensic psychological examinations, standardized personality questionnaires are effective. In its essence, the questionnaire is a specific set of questions, each of which is logically related to the main research problem and is designed to study and evaluate individual properties and manifestations of personality. The most famous questionnaires are: PEN Questionnaire (Hans and Sibylla Eysenck); Mini-Cartoon Questionnaire (an abbreviated version of the Minnesota MMPI Personality List); characterological questionnaire of K. Leonhard; Cattell's test (16РР-questionnaire); pathocharacterological diagnostic questionnaire Lichko and others. 2.3 The conclusion of the forensic psychological examination
The conclusion of a forensic psychological examination is the final document of the entire work of a psychologist and a source of evidence. Evidence is the opinion of an expert, and expertise is a procedural action upon its receipt. Acts and certificates on the results of studies that do not meet the requirements cannot, no matter how they are called, serve as a basis for refusing to conduct an examination. In addition, the expert opinion has no predetermined force, does not have advantages over other evidence and, like all other evidence, is subject to evaluation. Thus, the expert's conclusion is a motivated answer to the questions posed, to which he came on the basis of his special knowledge, as a result of a comprehensive, complete and objective study of the materials presented. If in the course of the study circumstances are established that the question was not raised before the expert, but they, in the opinion of the expert, are of significant importance for the case under consideration, then the relevant data are also included in the conclusion. Considerable attention is paid to the expert opinion in the procedural legislation. The list of evidence in criminal and civil cases mentions "expert opinion". In forensic psychiatry, a document drawn up by expert psychiatrists is usually referred to as an "act of a forensic psychiatric examination", while a "conclusion" refers to the conclusions reached by the experts as a result of the study. An expert opinion is sometimes called a document drawn up on the basis of the results of a sole-conducted PSE (for example, during the production of a PSE in a court session, in the investigator's office). Such a discrepancy in names, although firmly rooted in expert practice, does not comply with the law, and it should be recognized as undesirable. If the requirements of the procedural legislation are strictly adhered to, then expert psychiatrists who have undergone PPE must draw up an opinion of an expert psychiatrist (in the case of a sole examination) or an opinion of expert psychiatrists (in the case of a commission examination). The assignment of an expert opinion to the category of evidence in criminal and civil cases determines the requirements that are imposed on this document by the procedural law The forensic psychiatric expert examination has specific features in comparison with other examinations. According to departmental guidelines for drawing up an act (conclusion) of a forensic psychiatric examination, this document consists of five parts: introduction; information about a past life (anamnesis of the subject); a description of the physical, neurological and mental condition; motivational part; final part. The given five-link structure is mandatory for expert opinions drawn up after the production of outpatient and inpatient forensic psychiatric examinations in medical institutions, as well as for all primary and repeated SPEs of the subject, wherever they are conducted. For some types of examinations (for example, additional examinations, examinations in court in cases where an examination of a given person was carried out during the preliminary investigation), it is permissible to deviate from such a structure of the conclusion. So, one of the members of the expert commission that conducted the SPE earlier, summoned to court, may not repeat the anamnesis data in his opinion, but only mention that they are contained in the previous conclusion (act). If the expert summoned to the court did not need to conduct new research to answer the questions posed, then there is not an examination, but an interrogation of the expert in court. In this case, an expert opinion is not drawn up, and questions to the expert and his answers are recorded in the protocol of the court session. The listing in the expert opinion of the questions posed for resolution by the EIT is mandatory, since the expert conclusions are the answers to the questions mentioned. In cases where the meaning of the questions put to the experts is not clear, they must file a petition with the body that appointed the examination, inviting it to formulate the expert task more clearly. At the same time, if the expert (experts), after conducting a study, establishes circumstances about which questions were not raised, then he has the right to indicate such circumstances in his opinion. This right, called the right of expert initiative, is exercised on the condition that the data independently established by the expert do not go beyond his special knowledge and relate to the case on which the examination is being carried out. In cases where all the questions put to the experts go beyond their special knowledge or the materials presented are not enough to give an opinion, the experts report in writing that it is impossible to give an opinion. An expert's written report on the impossibility of giving an opinion is a procedural document that must contain an introductory part similar to the introductory part of the expert's opinion. The research part is present in it only on the condition that the experts have conducted some research until they are convinced that the materials presented to them are not enough to formulate final conclusions. In other cases, experts give only detailed justifications for the impossibility of giving a conclusion. The execution of a message about the impossibility of giving an expert opinion in the form of a regular letter, notice, explanation, etc. does not meet the requirements of procedural legislation. A written opinion is the only procedural form for an expert's conclusion. The recorded answers of the expert during the interrogation clarify the written part of the conclusion, but do not replace it. The conclusion of the forensic psychological examination must be written plain language, special terms should be explained. Important Points conclusions - simplicity, persuasiveness, reasoning and clarity. If the expert could not answer any of the questions at least partially, then a report (act) is drawn up on the impossibility of giving an opinion. If the expert partially answered the questions posed, then the impossibility to give answers in full is indicated and motivated in the conclusion. It should be noted that the expert gives an opinion on his own behalf and bears personal responsibility for it even in cases where the examination is carried out by an employee of the expert institution or another official to whom it is entrusted, by the body that appointed it, or by the head of the institution on the basis of a resolution (determination) on appointment of an expert. In the conclusion of a unitary or complex, individual or commission forensic psychological examination, three parts must be distinguished: introductory, research and final. The absence of any of them deprives the conclusion of probative value. "In the introductory part of the forensic psychological examination, the time of the beginning and end of the examination (day, month, year), the place where the opinion was drawn up, information about the expert (surname, education, specialty, academic degree and title, position held) are indicated. The legal basis is also indicated for conducting a forensic psychological examination - the name of the procedural document, the official or its higher authority, the time and place of the issuance of the procedural document. experimental psychological examination, as well as the persons who were present during its conduct (investigator, accused, suspect, etc.). As a rule, experts are provided with all necessary materials cases, the offender, the accused, the witness, the victim, the plaintiff, etc. The conclusion should indicate whether all the materials were presented to the experts, if possible, their list should be given in a generalized form. This is of paramount importance, because if a forensic psychological examination is carried out at the beginning or in the middle of a preliminary investigation or trial, then the list of materials may not be complete. In the introductory part of the conclusion, the questions posed to the examination are indicated. They are set out in the order and form as indicated in the resolution or ruling on the appointment of an expert examination. In practice, there are cases of posing questions with the incorrect use of special psychological terms or the use of everyday speech concepts that may have different interpretations. This cannot be allowed. If the content of the question is unclear, the expert indicates in the conclusion how he understands this or that question. He also has the right to apply to the investigator with a request to make clarifications. It happens that experts-psychologists are asked questions related to the field of psychiatry, ethics, and jurisprudence. In this case, the expert is not entitled to change the wording of the questions put to him by the court, investigator, judge, or other official. The study of the psychological characteristics of the individual, the situation, the specifics of the implementation of labor functions, etc., should be carried out in accordance with the essence, and not only with the wording of the question posed. forensic psychological examination conclusion The expert opinion should reflect in sufficient detail the course of the studies, the signs identified and their interpretation by the expert; what objects and what research (through which technical means and methods) subjected to; what features were identified during the research and how they were assessed; on what questions and what conclusions are made. As necessary, the conclusion records the circumstances that, from the point of view of a knowledgeable person, contributed to the crime (they are indicated in accordance with the task of the expert who ordered the examination or as an initiative of the expert). It is assumed that the requirement to describe the means and methods used by the expert, covering this with the expression "what research did. Evaluation of the expert's opinion is a necessary condition for its use to substantiate the indictment, which ends the preliminary investigation, and the court's verdict. These most important procedural documents can be based only on such expert opinions, the consistency and sufficient validity of which do not raise any doubts. There are two methods for evaluating expert opinions. One of them is reduced to a logical analysis of the conclusion, understanding the consistency of the means and methods of research used by the expert, the nature of the identified signs and their role in the basis of the conclusions drawn. Another method consists in evaluating the conclusion in a legal, procedural sense, and in the light of all other materials of the case. When using the first method, critical analysis is, as it were, an internal character, and when using the second, it is external. Internal assessment focuses on understanding the correctness of the scientific provisions that guided the expert (for example, the provision on the individuality of handwriting). External assessment concerns the use by an expert of modern achievements in science and technology, the scientific consistency of the technical means and research methods used by him, the sufficiency of the identified features for a certain conclusion, and determining the compliance of the research part of the conclusion with the conclusions. When elucidating a new methodology for expert research, it is advisable, if possible, to establish: by whom, when it was developed and recommended, how often it is used, whether it is generally recognized, whether it is questioned by anyone. It is useful to pay attention to the expert's compliance with the recommendation, according to which methods should first be used that do not change the object of study or change it to a minimal extent (for example, in order to identify destroyed relief marks on a metal object, a magnetic suspension method is used before chemical etching, which is not associated with the removal of surface metal layer). It is important to pay attention to whether the conclusions of the expert are dressed in the proper logical form, whether they are clear and definite. When evaluating the results of an identification examination, it is required to understand what identity is established in the expert's conclusion: individual or group? The examination is also evaluated in terms of the completeness of the study, while it is checked whether all the questions posed to the expert have been answered and whether the materials submitted to him have been fully used. An essential element of the internal assessment is to check whether the expert opinion is drawn up in accordance with the law and whether its content meets the requirements of Art. 191 Code of Criminal Procedure. The question to be clarified is whether the expert went beyond his competence, whether he substantiated his conclusions with case materials that are not related to the subject of the examination, whether he took upon himself the decision of legal issues within the competence of the investigator and the court. An external assessment involves checking whether, during the appointment and examination, the rights of the accused are respected, statutory whether he is familiar with the decision to appoint an expert examination, whether his substantiated petitions filed in connection with the expert examination, in particular, on raising additional questions and appointing a repeated or additional examination, were satisfied, was he familiar with the conclusion and protocol of the expert’s interrogation (if the interrogation was carried out) whether his explanations and statements made after familiarization with the conclusion were checked. Evaluation of the opinion from the outside includes checking the availability of sufficient data in the case about the competence of the expert in terms of solving the questions posed to him (information about education, experience of expert work). It is recommended to clarify whether the expert meets the requirement of impartiality, disinterest in the outcome of the case, whether he participates in this case in a different procedural capacity incompatible with the status of an expert, whether he is related to the accused, victim, judge, investigator, prosecutor, defense lawyer, by a civil plaintiff or defendant (their representatives), whether he is in official or other dependence on them. External analysis also includes verification of the truth of the expert's conclusions by comparing them with other materials of the case. The discrepancy between the expert opinion and the evidence available in the case casts doubt on its correctness and is a serious reason for appointing a re-examination. The final stage of the assessment of the expertise is to determine the role of the fact established by the expert in proving the guilt or innocence of the person held criminally liable, in deciding whether certain circumstances of the case have been proven or understated. The conclusion of a forensic psychological examination may include formulas, graphs, profiles, mathematical indicators of particular psychological characteristics and manifestations, and in some cases, final indicators, for example, a personality profile according to MMPI (Minnesota Multidimensional Personality Questionnaire) .
The substantiation of the conclusions in the conclusion contains references to: research results; conclusions of other experts used as input data; case materials within the limits of the expert's special knowledge; reference data. If the expert used regulatory materials, then it should be indicated which ones, including referring to the rules for the production of expertise of certain types. The conclusion of the examination sets out the psychological characteristics of the personality of the subject. Sometimes the expert is asked not about the characteristics of the personality as a whole, but more specific questions - about the features of the emotional-volitional sphere, intelligence, the specifics of cognitive processes, etc. It should be noted that in any case, the characteristics of the personality of the subject should be identified and described in the conclusion. If the experts could not obtain the necessary information about the subject of the study, then this, as well as the reasons for not receiving information, should be indicated in the conclusion. Based on the scheme of expert research adopted in forensic expertology, in forensic psychological expertise, one can single out the analytical and synthetic sections of the research part. The first is associated with the use of individual methods and the fixation of the results obtained with their help, the second with the synthesis of these data and a description of mental processes, states and phenomena of the intellectual, emotional and volitional spheres of the individual. In the productive (final) part of the conclusion of the forensic psychological examination, answers are given to the questions posed, which are also conclusions on the examination. Conclusions are formulated in the order in which the questions were posed. Answers must correspond to the meaning of the questions posed, be formulated clearly and clearly, be affirmative or negative, not allowing ambiguities and various interpretations. In cases where it is not possible to give an exact answer or a question is raised before the expert psychologists that is not within their competence, this should be expressly indicated in the conclusion. There are cases when before the forensic psychological examination are put legal issues about the presence or absence at the time of the offense of strong emotional excitement, sanity and capacity, about the motives for suicide, the causes of the offense, etc. Once again, we consider it necessary to emphasize that an expert psychologist cannot give a legal assessment of phenomena and events, but he can give them a psychological assessment, characterize the psychological state of the subject, which will serve as the basis for an appropriate legal decision. Such an answer by the expert is preferable to an indication in the expert opinion that the issue is not within the competence of the expert. The opinion of the PEA may also be assessed by other participants in the criminal process, who may apply for a re-examination. All this suggests that the conclusion of a forensic psychological examination should create an opportunity for the investigator, judge, other authorized body, as well as psychologists to verify the data received by it during the second examination. The expert may be interrogated by the investigator or the court. The investigator, court, other authorized body determine the validity of the conclusion and its significance in the system of evidence. An unfounded conclusion may be rejected. In this case, a re-examination is scheduled. In addition, the expert may, on the instructions of the body that appointed the examination, or on his own initiative, state in the conclusion the reasons and conditions that contributed to the commission of a crime or offense, the clarification of which requires special knowledge. The expert's opinion or his report on the impossibility of giving an opinion shall be presented to the accused. All reference and comparative tables, photo illustrations, acts drawn up by an expert and attached to the conclusion are considered as an integral part of the conclusion. A certificate of expenses for the examination is also attached. Conclusion
The most important results of the work done are related to the theory of the psychology of emotions, the theory and methodology for conducting SPEs of emotional states. An analysis of the literature has shown that emotional states are a special kind of emotions and are characterized not only by static, integrity and perceptibility, but also by the suffering and passivity of the position of a person who is in the power of experience. Despite the fact that in psychology the mechanism of influence (and power) of emotions on the consciousness and behavior of the subject has not been sufficiently studied, the analysis of emotions and subjective abilities gave reason to understand it as follows. Considering the signal function of emotions, which developed in the process of phylogenesis as an adaptive property, one should note its fundamental difference from the first and second signal systems: directly-captured sensations and the signal of signals - language. An emotional signal is a feeling plus a mark of significance (score). The manifestation of evaluation, in turn, speaks of primary comparison (ie control) and secondary ranking, where there are criteria, and where the sign, strength and depth of emotion can act as a criterion of significance. Any emotion is a felt state that one wants to achieve, prolong, avoid, or get rid of. Noting the significance of what is happening, emotion not only provides a connection between the organism and the environment, but also directly connects the processes of reflection and regulation, because. a signal is also an incentive to action and its energy supply. The mechanism of the influence of emotion as a state is determined by the possibilities of the functioning of the psyche with the dominance of the mode of experience: the state reduces the subjectivity of the face, "noises" not only the channel of perception, but also slows down mental activity in general, makes it impossible to display full-fledged activity with mental activity, i.e. reflection and will, reducing the manifestation of personality to regressive methods. The analysis performed indicates the influence of a stressful state, acute grief, affect, jealousy, anxiety, frustration, passion, to a greater extent globally and generally as emotional states that reduce the activity of the subject in regulation, replace the functional links of regulation or reduce their functioning. Emotions are manifested in the energy-providing function, signal and evaluation functions. We note the peculiarity and influence of different states in the greater vulnerability of certain links of self-government. In a stressful state, it is difficult to make a decision about the goal, methods, control and correction are reduced, since neither the requirements of the environment, nor one's own capabilities, nor their ratio are defined. Reflexive possibilities are reduced both in terms of reaching a reflexive position and in terms of correcting functional links. In crisis experiences (physiological affect, acute grief) - there is an emotional surge of energy, or its outflow, hence the assessment of the situation as unsolvable. The weak link is decision-making - in the physiological affect it occurs unexpectedly for the subject himself. There is a specificity in conflict experiences. In jealousy, the weak link is the evaluation of the result and correction, hence the rigidity. With anxiety - the difficulty of making a decision to act, or change the action (correction), a decrease in volitional capabilities (decisiveness, courage, perseverance). In a state of frustration, control and correction are reduced. Passion enhances the energy of activity and emphasizes its direction. These characteristics give reason to classify these emotional states as legally significant. A legally significant emotional state is an emotional state characterized not only by integrity and originality depending on the type, but also by its influence on the subject, the suffering of the experiencing person, expressed by a decrease in the level of reflection and regulation and the specifics of their relationship: a break (or weakening) of the unity of cognitive and regulating the functions of the psyche, a violation of the unity of consciousness and activity and / or the integrity of activity, manifested in their extreme versions. Either the passive contemplation of the experiencing person, or his excessive disordered activity. So psychologically - meaningfully filled with legal concepts "strong emotional excitement or sudden strong emotional excitement Since the stressful, crisis, conflict, frustration, passionate states that we have identified can have different degrees of severity (depth, strength, duration), because in the nature of their occurrence and manifestation there are not only distinctive, but also identical signs, and also because these states in a developing emotional situation can pass one into another, overlap, complement each other - their clear identification can be difficult, and most importantly, not sufficient for their subsequent qualification as legally significant. The only correct approach in their expert diagnosis is to study the influence of the emotional state of the accused or the victim on their legally significant subjective abilities. Analysis of the emotional state through abilities has become one of the methodological principles of our study. These abilities include the ability to correctly understand the surrounding social reality, the level corresponding to the resolution of a critical situation, the ability to realize oneself and the meaning of one's actions, the ability to regulate one's actions (behavior). The study formulated working definitions of these abilities, modeled the standards for the full manifestation of each ability, proved the possible influence of emotions on the components, functional links and levels of abilities. All abilities that are fully manifested have a 4-level structure. The absence of even one - the 4th level of this system is psychologically essential for the manifestation of the subject in socially normalized activity. And since the next level is based on the previous one, the degree of incompleteness of the manifestation of the ability increases with a decrease in the level. In addition to the "quantitative" assessment of the manifestation of each ability by level, the "quality" of the manifestation of each level is investigated, and the ability to regulate one's actions is analyzed in the system of content-semantic, structural, dynamic and energy aspects. Approbation of the standards took place during 53 forensic psychological examinations. Expert practice has confirmed the correctness of the theoretical models constructed by us for the manifestation of the subjective abilities of both the accused and victims of rape, persons driven to suicide. The validity of the approach is confirmed by court decisions. Based on the principles of obtaining inferential knowledge, retrospective reconstruction of the state of consciousness and manifestation of behavior, comparison with the standards of manifestation of subjective abilities, the SPE of the emotional state as an objective study becomes possible. A forensic psychological expert study, in order to be positively assessed in terms of completeness, truthfulness, reliability and credibility of the established facts, must include the following 7 components reflected in the conclusion: .Analysis of the situation. .Analysis of the individual psychological characteristics of the subject. .Evaluation of subjectively unfavorable factors. .Construction of a theoretical model of the possible emotional state of the subject by correlating the requirements imposed by the situation to the psychophysiological characteristics of the subject. .Retrospective reconstruction of the subject's emotional state and its identification. .Comparison of theoretical and reconstructed models of emotional states. .Assessment of the significance of the influence of the emotional state of the subject by correlating his mental production with the standards of legally significant subjective abilities. Both the study of the individual psychological characteristics of the subject, and the reconstruction of the state of his consciousness, the characteristics of behavior are aimed at establishing his ability to resolve the situation, to cope with it. Thus, the proof of the occurrence of an emotional state is duplicated by the proof of "necessity, but impossibility" and the identification of an emotional state as legally significant. The form of the conclusion of the EIT of the emotional state is mainly due to the criminal procedural requirements for the acts of examinations, the admissibility of the facts and methods used to prove the facts. Evaluation of the research part of the conclusion is facilitated if the form of presentation is structured and reflects: the general direction of the PPA, its components, allowing to answer the questions posed; a brief justification of the methods and their focus; a description of the completeness of the established interrelated facts, including an analysis of the circumstances of the case, individual psychological (psychophysiological) characteristics of the subject and his condition; findings. Since the main difficulty in verifying and evaluating the conclusion is the expert's evaluative conclusions, which are a manifestation of his special psychological knowledge, it is proposed to structure the form of the conclusion of the SPE and reflect in the content not only the results obtained, but also the research process, in which, as the study deepens, the probable value turns into accurate and true, and ends with reasoned conclusions. The study of the theoretical and methodological foundations for the implementation of the SPE of legally significant emotional states makes it possible to establish the truth in the case, avoid mistakes and prevent forgeries. List of used legal acts, special literature
I Legal acts 1.Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) dated 06/13/1996 No. 63-FZ // Collection of Legislation of the Russian Federation, 06/17/1996, No. 25. .Civil Code of the Russian Federation (Part Three) No. 146-FZ dated November 26, 2001 // Collection of Legislation of the Russian Federation, 05.12.1994. .Code of Criminal Procedure of the Russian Federation (CPC RF) dated December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation, December 24, 2001, No. 52 (part I). .Civil Procedure Code of the Russian Federation (CPC RF) dated November 14, 2002 No. 138-FZ // Collection of Legislation of the Russian Federation, November 18, 2002, No. 46. II. Special literature: 1.Balabanova L.M. Forensic pathopsychology. Donetsk: Stalker, 1998. 432 p. .Bely B.I. Rorschach test. Practice and theory / Ed. L.N. Sobchik. - St. Petersburg: Dorval, 1992. - 200 p. .Bern E. Psychoanalysis and psychotherapy for the ignorant. M.: OOO "Firma Publishing House AST", 2000. 416 p. .Bobrova I.N., Shishkov S.N. and others. Dictionary of the main terms of forensic, forensic psychiatric and forensic psychological examinations .Vandyshev V.V. Criminal process. General and Special parts. M.: Wolters Kluver, 2010. - 720 p. .Enikeev. M.I. General and legal psychology. - St. Petersburg. Peter, 2006 .Konovalova V.E., Shepitko V.Yu. Fundamentals of Legal Psychology: Textbook - H., Odysseus, 2006 - 352 p. .Kostitsky V.M. Forensic psychological examination in criminal proceedings - Kyiv, Vishcha school, 1985 - 56s .Krylov I.F. Forensic examination in the criminal process - L., 1963 - 314s. .Kudryavtsev I.A. Forensic psychological and psychiatric examination. - M., 2001. .Lyskov B.D. Fundamentals of legal psychology: textbook. Allowance / B.D. Lyskov, T.N. Kurbatov; Leningrad. state un-t im. A.A. Zhdanov. - L .: Publishing House of Leningrad State University, 1996. - 54 p. .Mostova Sh.M. Legal psychology - K., VIRA-R, 1999 - 120 p. .Pechernikova T.P., Guldan V.V. Topical issues of complex psychological and psychiatric examination // Psychological journal. 2003. - No. 1. - S. 56-69. .Rean A.A. Forensic psychological examination in cases of rape // Psychological journal. - 2001. - No. 2. - S. 74-81. .Rossinskaya E.R. Judicial examination in civil, arbitration, administrative and criminal proceedings. M.: Norma, 2005. .Safuanov F.S. Forensic psychological examination in criminal proceedings: Scientific and practical guide - M., Gardarika, 1998 - 192 p. .Sidorov B.V. Affect, its criminal law and forensic significance (social-psychological and legal research) - Kazan, Kazan University, 1978 - 160 p. .Smirnov A.V., Kalinovsky K.B. Criminal process. 4th ed., revised. and additional - M.: 2008. - 704 p. III. Internet resources: 1.www.consultant.ru .www.garant.ru .http://psyfactor.org/lib/krutov9.htmSimilar works to - Forensic psychological examination of emotional states
This type of examination is appointed by employees of the investigative or judicial authorities in cases where the question arises of the possibility of qualifying the actions of the accused (defendant) as committed in a state of strong mental agitation (physiological affect) and this state is provided by the legislator as a mitigating circumstance in cases of murder and infliction of grievous bodily harm.
Violent crimes against the person, especially murder and bodily harm, are often the final phase of the conflict that took place between the perpetrator and the victim. The development of a conflict situation between people is usually accompanied by an increase in the level of emotional tension of the participants in the conflict. At the same time, it is not uncommon for one or more participants in the conflict to provoke the further development of the conflict situation by their actions, and this circumstance, refracted through the individual characteristics of the individual, contributes to the emergence of a state of strong emotional excitement at the stage preceding the commission of a violent crime. Such situations, as mentioned above, are taken into account by the legislator, and in order to resolve the issue of the appropriate qualification of such a crime, law enforcement officials must obtain the opinion of an expert psychologist. Thus, criminal law takes into account the peculiarities of the conditions and conditions in which the person who committed the crime is located, and these circumstances significantly limit the extent of his awareness, freedom of expression and are regarded as mitigating circumstances.
A high degree of emotional experiences specifically affects the nature of cognitive processes and the structure of the subject's consciousness. This influence leads to the phenomenon of narrowing of consciousness, which, in turn, makes the activity of the subject one-sided, inflexible. Psychology knows a number of emotional states characterized by high emotional stress. These include the state of physiological affect (strong emotional excitement), stress (mental tension) and frustration. Below we will consider the features of these states in turn.
The state of affect is characterized by brevity and "explosive" nature, which is usually accompanied by pronounced vegetative (for example, changes in complexion, eye expression, etc.) and motor manifestations.
The state of affect is formed in the subject very quickly and within a fraction of a second can reach its climax, it arises suddenly not only for others, but also for the subject himself. Usually the affect proceeds within a few tens of seconds. As already mentioned, it is characterized by high tension and intensity of the realization of the physical and psychological resources of a person. This explains why, in a state of passion, physically weak people inflict a large number of bodily fatal injuries, i.e. perform those actions that they were not capable of in a calm environment.
The state of passion has a disorganizing effect on higher mental functions. As mentioned above, there is a narrowing of consciousness, which sharply reduces control over behavior in general. One of the consequences of an affective state is a partial loss of memory (amnesia) in relation to events that immediately preceded the affect and occurred during the affect.
There are several mechanisms for the occurrence of affects. In the first case, the emergence of an affect is preceded by a rather long period of accumulation of negative emotional experiences. In this case, a prolonged state of internal emotional tension is characteristic, and sometimes a slight additional negative impact(another insult) can be a "trigger" for the development and implementation of an affective state.
Situations are possible when the affective mechanism is formed under the influence of a one-time extremely significant event for the subject (a spouse suddenly returning from a business trip finds his wife in bed with his friend). An intermediate mechanism is also possible, when the negative repeated exposure to the stimulus was delayed in time (from several minutes to several years): a person suddenly meets his former offender, who resumes the previous persecution of the subject.
The peculiarity of the physiological affect lies in the fact that it is perceived as an unusual, paradoxical, form of reaction alien to the person under investigation. Often the defendant is positively characterized at work and at home, has positive social attitudes, a high degree of self-control. However, the relationship between the person under investigation and the victim, as a rule, is characterized by conflict, and the conflict can arise both directly in the situation of the tort, and long before it. In any case, the conflict that has arisen deeply affects the highly significant needs of the person under investigation and threatens his system of values. It is characteristic that the current situation is experienced by the person under investigation as hopeless, insoluble. Such a perception of the current situation can be caused both by objective reasons - a real threat from the victim, lack of time to make a decision, etc., and by the subjective characteristics of the person under investigation, his increased vulnerability, sensitivity, resentment, tendency to "get stuck" on psycho-traumatic moments, lack of flexibility behavior, etc.
It is very important to assess the dynamics and specifics of the crime itself.
The very moment of committing a crime is a sudden outburst of accumulated emotional stress, an uncontrollable affective discharge. The starting stimulus of affect can be either a threatening, aggressive action of the victim at the height of the conflict situation, or an insignificant, outwardly harmless influence that plays the role of the “last straw” against the backdrop of a prolonged conflict.
Exposure to affect is facilitated by previous adverse conditions affecting the accused - a painful condition, insomnia, chronic fatigue, overstrain, etc.
The moment of affective relaxation comes unexpectedly, suddenly for the accused himself, in addition to his volitional control. There is a partial narrowing of consciousness - the field of perception is limited, attention is concentrated entirely on the subject of violence. As a result of this, the first suitable object that comes into the field of attention can become an instrument of crime, the choice is limited. Consciousness is overwhelmed with blind rage, anger, resentment, and accordingly changes appearance- facial features are distorted, its color changes, the pupils of the eyes expand. The accused reacts weakly to external influences, may not pay attention to his injuries, the sight of blood. Behavior acquires the features of inflexibility, becomes simplified, complex motor skills that require consciousness control are lost, actions are stereotyped, motor automatisms dominate - in the forensic picture of a crime, there may be a plurality of blows and wounds, their uniformity, crowding and obvious redundancy. At the same time, arbitrariness, conscious control of actions decreases, but their energy increases, movements acquire sharpness, swiftness, continuity, and greater strength.
The duration of such a state can vary from a few seconds to several minutes, after which there is a sharp and rapid decline in emotional arousal, a state of devastation, extreme fatigue increases, a gradual realization of what has been done occurs, often accompanied by a feeling of repentance, confusion, pity for the victim. Often, the accused themselves try to help the victim, report the incident to the police, less often they run away from the scene without trying to hide the traces of the crime. In the future, forgetting of individual episodes of the crime is often found.
Physiological affect must be distinguished from pathological. Unlike physiological, pathological affect is considered as an acute short-term mental disorder that occurs suddenly and is characterized by the following features:
a) deep clouding of consciousness;
b) violent motor excitement;
c) complete (or almost complete) amnesia.
Actions in a state of pathological affect are distinguished by great destructive power, and in the post-affective stage, deep sleep is observed. Pathological affect is a morbid state of the psyche, and therefore its expert assessment should be carried out by a psychiatrist.
In some cases, if the accused shows signs of mental retardation, psychopathic traits, if there is evidence of traumatic brain injuries, neurological disorders and other abnormalities not related to mental illness, it is effective to conduct a comprehensive psychological and psychiatric examination, for the resolution of which questions related to the competences of both types of expertise are raised.
Difficult is the question of the diagnosis of physiological affect in a state of intoxication. Information about the use of alcohol by the accused before the commission of the crime does not relieve the experts of the need to carefully examine its individual psychological characteristics, analyze the development of the tort situation, other circumstances of the case, in order to decide in each specific case the question of the presence or absence of affect. Therefore, it is lawful to appoint an SPE on the subject of affect in relation to the accused who was in a state of alcoholic intoxication, especially in the case of a mild degree of intoxication.
A qualified assessment of the emotional states of a person under investigation or a witness to a large extent depends not only on the experience of a psychologist, but also on the amount of information about the personality and behavior of the subject of the crime in the materials of the criminal case. Unfortunately, in the process of interrogations and other investigative actions, investigators rarely fix their attention on the peculiarities of the state of health, the mood of the person under investigation before what happened. It is also very important to interview witnesses about how the defendant looked before the incident and at the time of the tort, what features in his behavior were observed after the incident.
In the process of interrogating a person under investigation, especially at the first stages of investigative actions, the investigator needs to find out from him the following points:
Somatic condition on the eve of the delict (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);
Features of interpersonal relations between the person under investigation and the victim (the presence of conflicts, their specifics and ways to resolve them);
Features of the personality of the victim (features of temperament, character, features of relationships in the family, etc.);
Features and dynamics of the relationship with the victim (what was the source of the conflict, were there any conflicts before; if so, how were they resolved; are there any mutual acquaintances with the victim, common interests, etc.).
The materials of the criminal case must necessarily contain characteristics of the person under investigation, and not only household and industrial, but also the characteristics of witnesses. When interviewing witnesses, it is recommended to ask such questions, for example: “Is the deed of the person under investigation unexpected for you?” or: “Do his actions correspond to the characteristics of the personality of the person under investigation?”
The answers of witnesses to these questions are of high informative value for an expert psychologist. According to a number of studies and our own data, persons who have committed crimes in a state of physiological affect are characterized by increased inhibition, balance, lack of aggressiveness and pronounced efficiency. The content side of their actions is not consistent with their personal characteristics.
In the decision on the appointment of a forensic psychological examination of emotional states, the investigator raises the following questions.
What are the individual psychological characteristics of the person under investigation?
What are the features of interpersonal relations between the victim and the person under investigation (social and psychological characteristics of the dynamics of their interpersonal relationships, their conflict, analysis of ways to resolve conflict situations, etc.)?
How could the identified personal characteristics affect the behavior of the person under investigation in the situation under investigation?
In what mental state was the defendant at the time of the tort?
Was the defendant in a state of physiological affect?
or other emotional state that has a significant impact on
his behavior?
The question of a different emotional state is appropriate, since the defendant at the time of the crime could be in such a mental state that, due to its disorganizing effect on behavior, did not reach the depth of the physiological affect, but had Negative influence conscious regulation of his behavior. Such emotional states that have a disorganizing effect on a person's behavior in a conflict situation can be stress and frustration. These emotional states are diagnosed by a psychologist and can be interpreted by a lawyer as states of strong emotional agitation and considered as a mitigating circumstance.
In psychology, stress is understood as a state of mental tension that occurs in a person in the process of activity in the most difficult, difficult conditions, both in everyday life and in special extreme conditions. Stress can have both positive and negative influence on human activity, including even its complete disorganization. Objective signs that can be used to judge stress are its physiological manifestations (increased blood pressure, changes in cardiovascular activity, muscle tension, rapid breathing, etc.) and psychological (anxiety, irritability, anxiety, fatigue, etc.) . But the main sign of stress is a change in the functional level of activity, which is manifested in its tension. As a result of such great stress, a person can mobilize his forces or, conversely, as a result of excessive stress, the functional level decreases, and this can contribute to the disorganization of activity in general. Distinguish between physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. For example, we immerse our hands in ice-cold water, and we have stereotyped reactions (we withdraw our hands).
Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. If under physiological stress the reactions of the individual are stereotyped, then under psychological stress the reactions are individual and not always predictable. The occurrence of psychological stress in certain life situations may differ not due to the objective characteristics of the situation, but due to the subjective features of the person's perception of it. Therefore, it is impossible to single out universal psychological stresses and universal situations that cause psychological stress equally in all people. For example, even a very weak stimulus under certain conditions can play the role of psychological stress, or even one very strong stimulus cannot cause stress in all people who have been exposed to it without exception. These factors are very important in assessing the emotional state of a person, especially in forensic and investigative practice.
Forensic psychological examination is not limited to a simple statement of fact - whether there was an affect or not. The expert is faced with the task of establishing causal relationships of emotional reactions of the subject. The description of the psychological patterns of the emergence of emotional reactions in the subject helps the court and the investigation to highlight important aspects of the legal concept of "suddenly aroused strong emotional excitement."
It is also important to distinguish between a physiological affect and such an emotional state as frustration.
Frustration, as already noted, is a mental state of disorganization of human consciousness and activity, caused by objectively insurmountable obstacles. Despite the variety of frustrating situations, they are characterized by two mandatory conditions: the presence of an actual significant need and the presence of obstacles to the implementation of this need. A necessary sign of frustration is the strong motivation of the individual to achieve the goal, to satisfy a significant need, and the presence of an obstacle that prevents the achievement of this goal.
A person's behavior during a period of frustration can be expressed in motor restlessness, in apathy, in aggression and destruction, in regression (referring to behavior patterns of an earlier period of life).
It is necessary to distinguish the pseudo-frustration behavior of a person from the true frustration behavior. Frustration behavior is characterized by a violation of motivation and expediency, while pseudo-frustration behavior retains one of the above characteristics.
For example, a person is in a state of rage, trying to achieve some goal. Despite the rage and aggressiveness of such a person, his behavior is expedient.
Two young people approached a stranger with the aim of robbing and asked him to give him a light. The stranger rudely refused the request, and they began to beat him, then took the wallet and ran away. One of them, who dealt the first blow to the victim, claimed that he had insulted him, and he was in a blind rage. However, the behavior of this young man cannot be regarded as frustrating, since he had a specific goal - to rob the victim.
Such pseudo-frustration behavior is characterized by a partial loss of control on the part of the person's will, but it is expedient, motivated and retains control on the part of consciousness.
Frustrated behavior is that behavior that is not controlled by either the will or the consciousness of a person, it is disorganized and has no meaningful and semantic connection with the motive of the situation. With such behavior, the freedom of awareness and will is limited. In this regard, frustration can be identified as a special condition that lawyers can consider as a mitigating factor.
Studies of frustrated offenders have identified key personality and behavioral characteristics that predispose them to crime. This is a deep emotional involvement in the situation, a tendency to evaluate one's needs as highly significant, insufficient adequacy of behavior. Increased emotional involvement in the situation is manifested in their emotional response to any, even insignificant stimuli. Frustration is manifested not only in aggressive forms of behavior. In some cases, there is a "withdrawal" (emotional closure) in order to reduce emotional discomfort. Sometimes there are regressive forms of behavior.
The tendency to evaluate individual needs as highly significant in a frustrated person is due to both external and internal factors. The internal factor is determined by the intellectual and personal characteristics of the persons under investigation. Studies have shown that such individuals are characterized by inadequate self-esteem, a low level of mental adaptation, egocentrism, rigidity, and poor communication skills. Moreover, if in the case of physiological affect and a stressful state, an external factor plays a decisive role in the development of the dynamics of these states, then the state of frustration is associated with an internal factor - with the personality structure of the object. The state of frustration can contribute to the emergence of strong emotional excitement, and it can be considered as an extenuating circumstance.
An effective assessment of these conditions depends on the professional experience of the psychologist, as well as on the volume and quality of information about the personality and behavior of the person under investigation in the situations of delict being studied, presented in the materials of the criminal case.
Psychological examination is appointed by employees of the investigative or judicial authorities in cases where the question arises of the possibility of qualifying the actions of the accused (defendant) as committed in a state of strong emotional agitation (physiological affect) and this state is provided by the legislator as a mitigating circumstance in cases of murder and infliction grievous bodily harm (see articles 107, 113 of the Criminal Code of the Russian Federation).
Violent crimes against the person, especially murder and bodily harm, are often the final phase of the conflict that took place between the perpetrator and the victim. The development of a conflict situation between people is usually accompanied by an increasing level of emotional tension of the participants in the conflict. At the same time, it is not uncommon for one or more participants in the conflict to provoke the further development of the conflict situation by their actions, and this circumstance, refracted through the individual characteristics of the individual, contributes to the emergence of a state of strong emotional excitement at the stage preceding the commission of a violent crime. Such situations, as mentioned above, are taken into account by the legislator, and in order to resolve the issue of the appropriate qualification of such a crime, law enforcement officials must obtain the opinion of an expert psychologist. Thus, criminal law takes into account the peculiarities of the conditions and conditions in which the person who committed the crime is located, and these circumstances significantly limit the extent of his awareness, freedom of expression and are regarded as mitigating circumstances.
A qualified assessment of the emotional states of a person under investigation or a witness to a large extent depends not only on the experience of a psychologist, but also on the amount of information about the personality and behavior of the subject of the crime in the materials of the criminal case. Unfortunately, in the process of interrogations and other investigative actions, investigators rarely fix their attention on the peculiarities of the state of health, the mood of the person under investigation before what happened. It is also very important to interview witnesses about how the defendant looked before the incident and at the time of the tort, what features in his behavior were observed after the incident.
What did the defendant look like at the time of the tort: a) what was the color of his face? b) what did his eyes look like (shifting pupils, constricted or dilated)? c) was there a tremor of the hands or other parts of the body? d) what were the features of the intonation of his voice?
What did the defendant look like and what were the features of his behavior after the incident?
- a) crying?
- b) sat still?
- c) tried to help the victim?
- d) answered the questions adequately?
- e) what was the pace of his speech (fast, slow, normal)?
- f) What was the content of his statements? etc.
What were the characteristics of the relationship between the subject and the victim?
What are the characteristics of the personality and behavior of the person under investigation?
What are the characteristics of the victim?
In the process of interrogating a person under investigation, especially at the first stages of investigative actions, the investigator needs to find out from him the following points:
somatic condition on the eve of the delict (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);
features of interpersonal relations between the person under investigation and the victim (the presence of conflicts, their specifics and ways to resolve them);
features of the personality of the victim (features of temperament, character, features of relationships in the family, etc.);
features and dynamics of the relationship with the victim (what was the source of the conflict, were there any conflicts before; if so, how were they resolved; are there any mutual acquaintances with the victim, common interests, etc.).
The materials of the criminal case must necessarily contain characteristics of the person under investigation, and not only household and industrial, but also the characteristics of witnesses. When interviewing witnesses, it is recommended to ask such questions, for example: "Is the deed of the person under investigation unexpected for you?" or "Do his actions correspond to the characteristics of the personality of the person under investigation?".
The answers of witnesses to these questions are of high informative value for an expert psychologist. According to a number of studies and our own data, persons who have committed crimes in a state of physiological affect are characterized by increased inhibition, balance, lack of aggressiveness and pronounced efficiency. The content side of their actions is not consistent with their personal characteristics.
Typical questions put forward by the investigator in the decision on the appointment of a forensic psychological examination of emotional states:
What are the individual psychological characteristics of the person under investigation?
What are the features of interpersonal relations between the victim and the defendant? (socio-psychological characteristics of the dynamics of their interpersonal relationships, their conflict, analysis of ways to resolve conflict situations, etc.).
How could the identified personal characteristics affect the behavior of the person under investigation in the situation under investigation?
In what mental state was the defendant at the time of the tort?
Was the defendant in a state of physiological affect or other emotional state that had a significant impact on his behavior?
The question of a different emotional state is appropriate, since the person under investigation at the time of the crime could be in such a mental state that, in its disorganizing effect on behavior, did not reach the depth of physiological affect, but had a negative impact on the conscious regulation of his behavior. Stress and frustration can be such emotional states that have a disorganizing effect on human behavior in a conflict situation. These emotional states are diagnosed by a psychologist and can be interpreted by a lawyer as states of strong emotional agitation and considered as a mitigating circumstance. In psychology, stress is understood as a state of mental tension that occurs in a person in the process of activity in the most difficult, difficult conditions, both in everyday life and in special extreme conditions. Stress can have both positive and negative effects on human activity, including even its complete disorganization. Objective signs that can be used to judge stress are its physiological manifestations (increased blood pressure, changes in cardiovascular activity, muscle tension, rapid breathing, etc.) and psychological (anxiety, irritability, anxiety, fatigue, etc.). But the main sign of stress is a change in the functional level of activity, which is manifested in its tension. As a result of such a great tension, a person can mobilize his forces, or vice versa, as a result of excessive tension, the functional level decreases, and this can contribute to the disorganization of activity as a whole. Distinguish between physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. For example, we immerse our hands in ice-cold water, and we have stereotyped reactions (we withdraw our hands). Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. If under physiological stress the reactions of the individual are stereotyped, then under psychological stress the reactions are individual and not always predictable. The occurrence of psychological stress in certain life situations may differ not due to the objective characteristics of the situation, but due to the subjective characteristics of the person's perception of it. Therefore, it is impossible to single out universal psychological stresses and universal situations that cause psychological stress equally in all people. For example, even a very weak stimulus under certain conditions can play the role of psychological stress, or even one very strong stimulus cannot cause stress in all people who have been exposed to it without exception. These factors are very important in assessing the emotional state of a person, especially in forensic and investigative practice.
It is also important to distinguish between a physiological affect and such an emotional state as frustration.
Frustration, as already noted, is a mental state of disorganization of human consciousness and activity, caused by objectively insurmountable obstacles. Despite the variety of frustrating situations, they are characterized by two mandatory conditions: the presence of an actual significant need and the presence of obstacles to the implementation of this need. A necessary sign of frustration is the strong motivation of the individual to achieve the goal, to satisfy a significant need, and the presence of an obstacle that prevents the achievement of this goal.
A person's behavior during a period of frustration can be expressed in motor restlessness, in apathy, in aggression and destruction, in regression (referring to behavior patterns of an earlier period of life).
It is necessary to distinguish the pseudo-frustration behavior of a person from the true frustration behavior. Frustration behavior is characterized by a violation of motivation and expediency, while pseudo-frustration behavior retains one of the above characteristics.
For example, a person is in a state of rage, trying to achieve some goal. Despite the rage and aggressiveness of such a person, his behavior is expedient.
Two young people approached a stranger with the aim of robbing and asked him to give him a light. The stranger rudely refused the request, and they began to beat him, then took the wallet and ran away. One of them, who dealt the first blow to the victim, claimed that he had insulted him and he was in a blind rage. However, the behavior of this young man cannot be regarded as frustrating, since he had a specific goal - to rob the victim.
Such pseudo-frustration behavior is characterized by a partial loss of control on the part of the person's will, but it is expedient, motivated and retains control on the part of consciousness.
Frustrating behavior is that behavior that is not controlled by either the will or the consciousness of a person, it is disorganized and does not have a meaningful and semantic connection with the motive of the situation. With such behavior, the freedom of awareness and will is limited. In this regard, frustration can be distinguished as a special condition that can be considered by lawyers as a mitigating factor.
Studies of frustrated offenders have identified key personality and behavioral characteristics that predispose them to crime. This is a deep emotional involvement in the situation, a tendency to evaluate one's needs as highly significant, insufficient adequacy of behavior. Increased emotional involvement in the situation is manifested in their emotional response to any, even insignificant stimuli.
Frustration is manifested not only in aggressive forms of behavior. In some cases, there is a "withdrawal" (emotional closure) in order to ease the emotional discomfort. Sometimes regressive forms of behavior are observed.
The specifics of behavioral reactions are significantly influenced by personal characteristics, especially the degree of emotional stability. Emotional instability is a significant factor predisposing to frustration, it manifests itself in the subject in increased sensitivity and excitability, emotional irritability, lack of self-control and anxious self-esteem.
The tendency to evaluate individual needs as highly significant in a frustrated person is due to both external and internal factors. The internal factor is determined by the intellectual and personal characteristics of the persons under investigation. Studies have shown that such individuals are characterized by inadequate self-esteem, a low level of mental adaptation, egocentrism, rigidity, and poor communication skills. Moreover, if in the case of physiological affect and a stressful state, an external factor plays a decisive role in the development of the dynamics of these states, then the state of frustration is associated with an internal factor - with the personality structure of the object. The state of frustration can contribute to the emergence of strong emotional excitement, and it can be considered as an extenuating circumstance.
An effective assessment of these conditions depends on the professional experience of the psychologist, as well as on the volume and quality of information about the personality and behavior of the person under investigation in the situations of delict being studied, presented in the materials of the criminal case.
This type of examination is appointed by employees of the investigative or judicial authorities in cases where the question arises of the possibility of qualifying the actions of the accused (defendant) as committed in a state of strong mental agitation (physiological affect). This state is provided by the legislator as a mitigating circumstance in cases of murder and grievous bodily harm (see Articles 107,113 of the Criminal Code of the Russian Federation).
Violent crimes against the person, especially murder and bodily harm, are often the final phase of the conflict that took place between the perpetrator and the victim. The development of a conflict situation between people is usually accompanied by an increase in the level of emotional tension of the participants in the conflict. At the same time, it is not uncommon for one or more participants in the conflict to provoke the further development of the conflict situation by their actions, and this circumstance, refracted through the individual characteristics of the individual, contributes to the emergence of a state of strong emotional excitement at the stage preceding the commission of a violent crime. Such situations, as mentioned above, are taken into account by the legislator, and in order to resolve the issue of the appropriate qualification of such a crime, law enforcement officials must obtain the opinion of an expert psychologist. Thus, criminal law takes into account the peculiarities of the conditions and conditions in which the person who committed the crime is located, and these circumstances significantly limit the extent of his awareness, freedom of expression and are regarded as mitigating circumstances.
A high degree of emotional experiences specifically affects the nature of cognitive processes and the structure of the subject's consciousness. This influence leads to the phenomenon of narrowing of consciousness, which, in turn, makes the activity of the subject one-sided, inflexible. Psychology knows a number of emotional states characterized by high emotional stress. These include the state of physiological affect (strong emotional excitement), stress (mental tension) and frustration. Below we will consider the features of these states in turn.
The state of affect is characterized by brevity and "explosive" nature, which is usually accompanied by pronounced vegetative (for example, changes in complexion, eye expression, etc.) and motor manifestations.
The state of affect is formed in the subject very quickly and within a fraction of a second can reach its climax, it arises suddenly not only for others, but also for the subject himself. Usually the affect proceeds within a few tens of seconds. As already mentioned, it is characterized by high tension and intensity of the realization of the physical and psychological resources of a person. This explains why, in a state of passion, physically weak people knock down an oak door with a blow, inflict a large number of fatal bodily injuries, i.e., perform those actions that they were not capable of in a calm environment.
The state of passion has a disorganizing effect on higher mental functions. As mentioned above, there is a narrowing of consciousness, which sharply reduces control over behavior in general.
One of the consequences of an affective state is a partial loss of memory (amnesia) in relation to events that immediately preceded the affect and occurred during the affect.
There are several mechanisms for the occurrence of affects. In the first case, the onset of affect is preceded by a rather long period of accumulation of negative emotional experiences (a series of insults and humiliation of the stepson by the stepfather; bullying of a young soldier in the conditions of hazing, etc.). In this case, a long-term state of emotional internal tension is characteristic, and sometimes a slight negative additional impact (another insult) can be a “trigger” for the development and realization of an affective state.
Exposure to affect is facilitated by previous adverse conditions affecting the accused - a painful condition, insomnia, chronic fatigue, overstrain, etc.
The moment of affective discharge comes unexpectedly, suddenly for oneself. accused, beyond his volitional control. There is a partial narrowing of consciousness - the field of perception is limited, attention is concentrated entirely on the subject of violence. Behavior acquires the features of inflexibility, becomes simplified, complex motor skills that require consciousness control are lost, actions are stereotyped, motor automatisms dominate - in the forensic picture of a crime, there may be a plurality of blows and wounds, their uniformity, crowding and obvious redundancy. At the same time, arbitrariness, conscious control of actions decreases, but their energy increases, movements acquire sharpness, swiftness, continuity, and greater strength.
The duration of such a state can vary from a few seconds to several minutes, after which there is a sharp and rapid decline in emotional arousal, a state of devastation, extreme fatigue increases, a gradual realization of what has been done occurs, often accompanied by a feeling of repentance, confusion, pity for the victim. Often, the accused themselves try to help the victim, report the incident to the police, less often they run away from the scene without trying to hide the traces of the crime. In the future, forgetting of individual episodes of the crime is often found,
Physiological affect must be distinguished from pathological. Unlike physiological, pathological affect is considered as an acute short-term mental disorder that occurs suddenly and is characterized by the following features:
Deep clouding of consciousness;
Stormy motor excitement;
Complete (or almost complete) amnesia.
Actions in a state of pathological affect are distinguished by great destructive power, and in the post-affective stage, deep sleep is observed. Pathological affect is a morbid state of the psyche, and therefore its expert assessment should be carried out by a psychiatrist.
In some cases, if the accused shows signs of mental retardation, psychopathic traits, if there is evidence of traumatic brain injuries, neurological disorders and other abnormalities not related to mental illness, it is effective to conduct a comprehensive psychological and psychiatric examination, for the resolution of which questions related to the competences of both types of expertise are raised.
Difficult is the question of the diagnosis of physiological affect in a state of intoxication. Information about the use of alcohol by the accused before the commission of the crime does not relieve the experts of the need to carefully examine its individual psychological characteristics, analyze the development of the tort situation, other circumstances of the case, in order to decide in each specific case the question of the presence or absence of affect. Therefore, it is lawful to appoint an SPE on the subject of affect in relation to the accused who was in a state of alcoholic intoxication, especially in the case of a mild degree of intoxication.
A qualified assessment of the emotional states of a person under investigation or a witness to a large extent depends not only on the experience of a psychologist, but also on the amount of information about the personality and behavior of the subject of the crime in the materials of the criminal case. Unfortunately, in the process of interrogations and other investigative actions, investigators rarely fix their attention on the peculiarities of the state of health, the mood of the person under investigation before what happened. It is also very important to interview witnesses about how the defendant looked before the incident and at the time of the tort, what features in his behavior were observed after the incident.
1. What did the defendant look like at the time of the tort:
a) What was the color of his face?
b) what did his eyes look like (shifting pupils, constricted or dilated)?
c) was there a tremor of the hands or other parts of the body? :
d) what were the features of the intonation of his voice?
2. What did the defendant look like? What were the characteristics of his behavior after the incident:
a) crying?
b) sat still?
c) tried to help the victim?
d) answered the questions adequately?
e) what was the pace of his speech (fast, slow, normal)?
f) What was the content of his statements? and etc.
3. What were the characteristics of the relationship between the subject and the victim?
4. What are the characteristics of the personality and behavior of the person under investigation?
5. What are the characteristics of the victim?
In the process of interrogating a person under investigation, especially at the first stages of investigative actions, the investigator needs to find out from him the following points:
Somatic condition on the eve of the delict (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);
Features of interpersonal relations between the person under investigation and the victim (the presence of conflicts, their specifics and ways to resolve them);
Features of the personality of the victim (features of temperament, character, features of relationships in the family, etc.);
Features and dynamics of the relationship with the victim (what was the source of the conflict, were there any conflicts before; if so, how were they resolved; are there any mutual acquaintances with the victim, common interests, etc.).
The materials of the criminal case must necessarily contain characteristics of the person under investigation, and not only household and industrial, but also the characteristics of witnesses. When interviewing witnesses, it is recommended to ask such questions, for example: “Is the deed of the person under investigation unexpected for you?” or: “Do his actions correspond to the characteristics of the personality of the person under investigation?”
The answers of witnesses to these questions are of high informative value for an expert psychologist. According to a number of studies and our own data, persons who have committed crimes in a state of physiological affect are characterized by increased inhibition, balance, lack of aggressiveness and pronounced affectivity. The content side of their actions is not consistent with their personal characteristics.
In the decision on the appointment of a forensic psychological examination of emotional states, the investigator raises the following questions:
What are the individual psychological characteristics of the person under investigation?
What are the features of interpersonal relations between the victim and the person under investigation (social and psychological characteristics of the dynamics of their interpersonal relationships, their conflict, analysis of ways to resolve conflict situations, etc.)?
How could the identified personal characteristics affect the behavior of the person under investigation in the situation under investigation?
In what mental state was the defendant at the time of the tort?
Was the defendant in a state of physiological affect or other emotional state that had a significant impact on his behavior?
The question of a different emotional state is appropriate, since the person under investigation at the time of the crime could be in such a mental state that, in its disorganizing effect on behavior, did not reach the depth of physiological affect, but had a negative impact on the conscious regulation of his behavior. Such emotional states that have a disorganizing effect on a person's behavior in a conflict situation can be stress and frustration. These emotional states are diagnosed by a psychologist and can be interpreted by a lawyer as states of strong emotional agitation and considered as a mitigating circumstance.
In psychology, stress is understood as a state of mental tension that occurs in a person in the process of activity in the most difficult, difficult conditions, both in everyday life and in special extreme conditions. Stress can have both positive and negative effects on human activity, including even its complete disorganization. Objective signs that can be used to judge stress are its physiological manifestations (increased blood pressure, changes in cardiovascular activity, muscle tension, rapid breathing, etc.) and psychological (anxiety, irritability, anxiety, fatigue, etc.) . But the main sign of stress is a change in the functional level of activity, which is manifested in its tension. As a result of such great stress, a person can mobilize his forces or, conversely, as a result of excessive stress, the functional level decreases, and this can contribute to the disorganization of activity in general. Distinguish between physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. For example, we immerse our hands in ice-cold water, and we have stereotyped reactions (we withdraw our hands). Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. If under physiological stress the reactions of the individual are stereotyped, then under psychological stress the reactions are individual and not always predictable.
It is also important to distinguish between a physiological affect and such an emotional state as frustration.
Frustration, as already noted, is a mental state of disorganization of human consciousness and activity, caused by objectively insurmountable obstacles. Despite the variety of frustrating situations, they are characterized by two mandatory conditions: the presence of an actual significant need and the presence of obstacles to the implementation of this need. A necessary sign of frustration is the strong motivation of the individual to achieve the goal, to satisfy a significant need, and the presence of an obstacle that prevents the achievement of this goal.
A person's behavior during a period of frustration can be expressed in motor restlessness, in apathy, in aggression and destruction, in regression (referring to behavior patterns of an earlier period of life).
It is necessary to distinguish the pseudo-frustration behavior of a person from the true frustration behavior. Frustration behavior is characterized by a violation of motivation and expediency, while pseudo-frustration behavior retains one of the above characteristics.
Frustrated behavior is that behavior that is not controlled by either the will or the consciousness of a person, it is disorganized and has no meaningful and semantic connection with the motive of the situation. With such behavior, the freedom of awareness and will is limited. In this regard, frustration can be identified as a special condition that lawyers can consider as a mitigating factor.
This type of expertise is one of the most developed, but also the most controversial among lawyers and psychologists. There are different opinions about the exact content of a particular subject of expertise, about the relationship between legal and psychological terminology.
So, on the website stdexp.ru of the Center for Independent Expertise in Moscow, which provides professional services for the organization and production of expertise and research (both in court and in pre-trial order), the forensic psychological examination of emotional states is not singled out as a separate type of examination, but is included into such varieties of expertise as psycho-psychiatric and psycho-autotechnical.
The very name of the type of examination has not been fully settled: in the legal literature, the term “examination of affect” (or psychological affect, physiological affect, simple affect) is more often found. In the psychological sense, all these definitions of affect are synonymous and are used in order to distinguish between the establishment of affect and pathological affect.
The main task of the forensic psychological examination of emotional states:
- identification of a certain mental (emotional) state and its impact on a person's ability to realize their actions and consciously manage them.
The concept of “examination of affect” came from the criminal process (when considering criminal cases, evidentiary value is to identify whether the person at the time of the offense was in a state of “suddenly strong mental agitation (affect)” - Article 113 of the Criminal Code of the Russian Federation). However, in addition to affect, other emotional states (stress, frustration, states of mental tension, etc.) can also affect the ability to recognize the content of actions and consciously manage them. When considering civil cases, it is not so much the qualification of the emotional state (whether there was an affect) that is important, but the degree of influence of one or another emotional state on the awareness of the content of actions and the expression of will.
Therefore, it seems more accurate to call this type of examination (as psychologists have recently suggested) examination of emotional states, not affect.
The characterization of the expert study under consideration and its particular subject, which was originally formed as a definition of affect, involves clarifying the content of a number of terms.
Affect
Affect(in psychology) - temporary emotional states characterized by the speed, strength and short duration of occurrence and course, in which the narrowing of the field occurs, slowing down intellectual processes, violations of volitional control over actions. Affect as a special emotional state is the result of the interaction of two components: the psychological characteristics of the individual and the situation.
The consequence of affect is often short-term amnesia (memory loss). A state of passion can occur in any, in principle, mentally healthy person in special, so-called affectogenic situations, which are “superimposed” on some psychological characteristics of the individual. Affectogenic is the situation in which a person experiences an urgent need for action (subjectively knows and feels that he must do something), but does not find methods of action adequate to the situation (if the method of action is chosen and implemented, then the affect does not occur).
The main predispositions form the basic personality traits that are constant and are not the direct cause of affect themselves (these include a weak type of the central nervous system, increased excitability, intolerance to stimuli, inertia of nervous processes, high self-esteem and a number of others). Age also plays a role: children and the elderly are more susceptible to affect.
Actual predispositions immediately precede affect and are temporary functional psychophysiological states caused by various reasons (postintoxication, overwork, emotional shock, insomnia, susceptibility to a hair dryer, etc.).
The interaction of basic and actual predispositions with an affective situation gives rise to an affect. The affect does not always occur at the first exposure to the stimulus - it may be the result of repetitive affectogenic situations, and the immediately preceding affect may be weaker in strength than the previous ones (the effect of the “last drop”).
Special psychological tasks that an expert psychologist solves:
- identification of the main and actual predispositions to affect;
- identification of the type of influence of an external stimulus;
- revealing the role environment as a factor of behavior (diagnosis of affect);
- analysis of the action of the subject during the affect and after it, as well as the analysis of the attitude of the actor himself to his actions.
The solution of these problems allows the expert to then draw a conclusion about whether (and if so, how) the state of affect affected the person's ability to specific situation be aware of the actual content of their actions and the ability of a person to fully consciously manage them.
Unlike affect, the diagnosis and determination of the consequences of a pathological affect is the subject of the competence of a psychiatrist within the framework of a psychiatric examination.
Pathological affect
It is a painful emotional state characterized as an acute short-term mental disorder, which is based on psychopathological personality changes (for example, manic-depressive syndrome, various obsessions).
The features of this effect are:
- deep clouding of consciousness (twilight state),
- violent motor excitation accompanied by automatic actions (the so-called visceral excitation),
- complete amnesia of committed actions.
Anomalous affect
Recently, in psychology, an opinion has been expressed (I. A. Kudryavtsev) that the two-term division of affect is simplified, it is necessary to single out a third type of affect - anomalous affect. The definition of abnormal affect includes the diagnosis of such affective reactions, which are characterized by some pathologically altered patterns of development and anomalies in the mechanism of the flow of affect caused by certain external stimuli (alcohol, drugs, intoxication). The introduction of the concept of anomalous affect does not affect the scope of the pathological affect, but narrows the scope of the psychological affect. Its diagnosis is included in the scope of a comprehensive psychological and psychiatric examination.
Determining the state of passion in the criminal process allows you to correctly resolve the issue of sanity and its criteria, the delimitation of the elements of crimes. , in most cases, lawyers recognized the significance of only a pathological affect, the establishment of which causes the need for psychiatric, but not psychological expertise. And only recently, in resolving these issues, the possibilities of psychological examination are beginning to be recognized (V. V. Melnik, V. V. Yarovenko).
Examination of emotional states
At the same time, not only from a psychological, but also from a procedural point of view, it is more correct to speak not about the examination of affect, but about the examination of emotional states (which are not limited to affect). In psychology, a number of psychological concepts are used - such as stress, frustration, conflict, crisis, emotional tension, and finally, affect. However, the exact boundaries of each concept, their scope, relationship with each other is still not clearly defined. For example, a state of stress can also affect a person's ability to fully consciously and freely direct their actions. It is distinguished from affect by a lower degree of intensity, explosiveness; as an emotional state, stress is much more common (it can occur with an unexpected stimulus, lack of time to make a decision, with interference at work). The consequence of stress is the loss of flexibility of behavior, violation of the decision-making process, the choice of the goal of the action, the sequence of actions. Often, during the examination of affect, it is revealed that the subject at the time of committing legally significant actions was not in a state of passion, but in a different emotional state (stress, frustration, etc.). According to the exact meaning of the expert task (detection of affect), the expert in this case has the right to confine himself to a negative answer to the question about the presence of a state of affect and not to establish a different state and the degree of its influence on the behavior of the subject. It is clear that in this situation, in essence, it is precisely the examination of emotional states that will be carried out: such a name more accurately reflects the particular subject of the study.
Issues of examination of emotional states
Within the framework of a forensic psychological examination of emotional states, the following groups of questions can be posed to the expert for permission:
- whether the subject (a specific person referred for examination is indicated) at the time of the action (the action itself and the time it was performed) was in a state of passion and, if so, whether and how it affected the person’s ability to fully understand the actual content of the actions performed and on the person's ability to fully consciously manage them;
- whether the subject was in an emotional state other than affect (which one) and how it affected the person's ability to fully account for their actions and fully consciously manage them.
Reasons for the appointment of a psychological examination of emotional states
The reasons for the appointment of a psychological examination of emotional states may be:
- information about the presence of an affective, stressful situation in which the subject acted;
- information about other psychological features of the action situation, as well as data on the psychological characteristics of the individual (imbalance, increased excitability, vulnerability, aggressiveness);
- data on the specific emotional or other psychophysical state of the person at the time of the action (physical weakness, somatic illness, depression due to mental trauma, etc.).