Using Specialized Knowledge in Assessing the Reliability of Testimony in Criminal Proceedings: a Retrospective, Doctrinal and Practical Approach

Abstract

Introduction. The history of the formation and development of forensic examination as an independent type of criminal procedural activity is long and very ambiguous. The patterns of its occurrence and stages of development predetermine the importance of expertology for modern law enforcement practice. The emergence and active use of new branches of scientific knowledge determine their introduction and influence on criminal proceedings, which is clearly demonstrated by the example of psychology. Theoretical Basis. Methods. The theoretical basis of the work is the scientific developments of domestic and foreign researchers devoted to the study of the possibilities and problems of using special psychological knowledge in assessing the reliability of testimony obtained in the course of pre-trial and judicial proceedings in a criminal case. Research methods – systemic, historical, logical, comparative and hermeneutic. Results. Without psychological and pedagogical special knowledge, it is impossible to imagine modern proceedings in the vast majority of criminal cases involving minors. The article provides a retrospective analysis of the application of non-legal knowledge to reveal lies in the testimony of witnesses, systematizes the experience of modern Russian law enforcement investigative and judicial practice, examines the arguments given in scientific sources and court decisions on the use of special psychological knowledge to substantiate and assess the reliability of the testimony of participants in criminal proceedings.The work examines the current capabilities of psychology and their potential for proving in the course of criminal proceedings, cites the positions of scientists who previously studied the studied complex of material and procedural problems. Discussion and Conclusion. On the basis of the available empirical experience, the author’s conclusion is formulated about the advisability of practical use in the process of proving psychological research of a teacher-psychologist aimed at identifying psychological signs of the reliability and/or unreliability of information reported by participants in criminal proceedings, especially in the process of forming a sequence and in the course of proving, formulating investigative versions, as well as in order to substantiate the conclusions of the investigator and the court with the testimony of an expert, a specialist who conducted the corresponding study. In connection with the identified problems, the necessity of preparing explanations at the departmental level of the significance and procedure for using special psychological knowledge in criminal proceedings is substantiated.