Биографический анализ личности участников уголовного судопроизводства: уголовно-процессуальный и криминалистический аспекты

Abstract

The biographical method of analyzing information about the participants in criminal proceedings remains one of the most significant methods of studying personality both in criminal proceedings and in forensic science. The concept of personality is cross-cutting and is actively explored both in criminal procedure and in forensic science. The object of the research is the set of psychological characteristics that have value from the point of view of forensic science and criminal procedure. The following general scientific methods were used in the study: analysis, synthesis, system-structural. The following specific scientific methods were used in the study: modeling, statistical analysis, comparative historical, expert assessment. Undoubtedly, the accused is the central figure in the criminal process in respect of which the investigation and procedural actions are carried out, and in respect of whom the sentence is ultimately passed and executed. However, in the course of the study, the authors emphasize the need to ensure security measures for victims and witnesses on an equal basis with the accused and identify three main blocks of biographical information about the personality of the victim and the witness: a group of biological, social and psychological parameters. In addition, the authors substantiate the connection of biographical information about the personality of victims and witnesses with the solution of the tasks of criminal proceedings. As one of the conclusions, an amended wording of Article 11 of the Criminal Procedure Code of the Russian Federation is proposed in terms of biographical information about the identity of the witness and the victim, which must be clarified during the investigation of the crime. The forensic aspect of studying the biographical information about the personality of the witness and the victim consists in the possibility of conducting individual tactical influence on the indicated participants in criminal proceedings. On the example of the investigative action of interrogation, the significance of biographical information for establishing psychological contact with the participants in investigative actions was analyzed. The authors analyzed a biographical fact, information about the level of income, and revealed patterns of behavior during the interrogation of a witness or a victim depending on this fact. In addition, tactics are proposed for establishing psychological contact with a person, depending on the level of their income.