Forensic Psychological Examination Research Articles

Subject Types of Forensic Psychological Examination Assigned in Connection with Phone Fraud

Subject Types of Forensic Psychological Examination Assigned in Connection with Phone Fraud

Forensic psychiatric examination of terrorist-related criminal cases: clinical and social characteristics of the sub-experts, analysis of the expert case

In recent years, due to changes in the socio-political situation, including at the international level, the number of terrorism-related criminal cases has increased, and, therefore, the number of forensic psychiatric examinations conducted in this category of cases has risen. To date, there is a lack of any scientific studies or analytical reviews devoted to the problem of forensic examination of suspects and the accused involved in such criminal cases. The article presents the results of a review of cases of outpatient complex forensic psychological and psychiatric examinations in terrorism-related criminal cases conducted on the basis of the Department of Forensic Psychiatric Examination, Psychiatric Clinical Hospital in Moscow, from 2020 to 2023. In total, 25 cases were described and analyzed, clinical and social characteristics were studied, and an overview of expert solutions was given. An analysis of one expert case was carried out. During the examinations, 56 % of the examinees did not show symptoms of mental illness when committing the incriminated criminal act, while 36 % of the examinees in the sample were diagnosed with a mental disorder. The diagnoses included mild cognitive disorder, various types of personality disorders (emotionally unstable, schizoid, with mixed features), alcohol abuse, as well as paranoid and undifferentiated forms of schizophrenia. Based on the conducted research, it is concluded that no confessional model of religious or other consciousness in itself is a source of terrorism, including its political form. Predisposition to terrorist manifestations is a multi-level phenomenon and enters an active phase due to certain «triggers» that operate at the individual, group or mass level, which depends, among other things, on psychopathological factors.

Features of determining and conducting forensic psychological examination of suicide cases: organizational-methodical and tactical procedural aspects

Features of determining and conducting forensic psychological examination of suicide cases: organizational-methodical and tactical procedural aspects

Expert Investigations In Criminal Proceedings, Liability For Which Is Provided By Art. 345 Of Criminal Code Of Ukraine

The article considers importance of preserving and protecting the life and health of employees of the Security and Defense Forces, currently including law enforcement officers. The main types of expert research that should be conducted during the investigation of a crime, the responsibility for which is provided for in Art. 345 of Criminal Code of Ukraine, in particular, forensic medical one with involvement of forensic medical examiner a specialist in examination and investigative experiment; video and sound recording examinations; forensic psychological examination and a set of examinations, in case of the need for research in criminal proceedings of digital objects, telecommunications and computer forensic science, in case of receiving threats by a law enforcement officer or members of his family through means of communication. Importance of conducting forensic psychological examinations of law enforcement officers and their family members in order to receive compensation for the moral damage caused by the offense was emphasized. Importance of development and research of computer forensic science and research on digital objects, use of their capabilities during the investigation of the specified criminal offenses, etc. is argued.

Use Of Special Knowledge During The Investigation Of Knowingly False Testimony Of The Witness And The Victim

Fair and objective justice requires compliance by all its participants with legally established principles. At the same time, in law enforcement practice there are cases of falsification of evidence, which is caused by various circumstances, and motivational factors that are guided by the participants in the process, in particular, the witness and the victim. That is why similar acts are criminalized, and the scientific community has an updated task to develop substantiated recommendations for improving the quality of investigations of similar facts. Taking into account the significant importance of special knowledge in similar criminal proceedings, which is evidenced by the analysis of court practice, the purpose of the article is defined as the clarification of typical forms of special knowledge used during the pre-trial investigation of knowingly false statements by witnesses and victims, the specifics of their implementation. Based on the results of the research, it was determined that the appointment of a forensic handwriting examination, a forensic psychiatric examination, a forensic psychological examination, in particular with the use of a polygraph, a forensic telecommunications examination, and less often a technical examination of a document is typical. Each of the outlined forensic examinations has its specifics that need to be considered. Prospects for further scientific research are outlined.

Scientific support for the use of psychiatric knowledge in the investigation of crimes against human life and health

The category of criminal offences against life and health is quite significant. A large number of crimes included in this category are characterised by a high level of social danger, as they encroach on the greatest social value which is life and health of a person. In the investigation of such crimes, it is typical to use specialised knowledge in the fields of forensic psychiatry and psychology in procedural and non-procedural forms. Given that the process of cognition and assimilation of scientific knowledge begins with clarification of the peculiarities of its historical development, the purpose of the article is to clarify the state of scientific development of the issues related to the use of special psychiatric and psychological knowledge in the investigation of crimes against life and health of a person.
 It has been determined that the current state of scientific significance of the use of special psychiatric and psychological knowledge in the investigation of crimes against human life and health is influenced by the peculiarities of development of criminal procedure legislation. In addition, based on the analysis of legal literature, the assessment of the developments made by Ukrainian scholars has been provided. It is established that careful attention has been paid to the study of certain aspects of the appointment of forensic psychiatric and forensic psychological examinations in the investigation of various types of murders, bodily injuries, and domestic violence. At the same time, based on the results of the generalisation of scientific works authored by Ukrainian scholars, it has been determined that the national legal literature does not address the peculiarities of involving specialists in investigative (search) actions in the course of investigation of crimes against life and health of a person, as well as the prospects for implementing non-procedural forms of using specialised knowledge. The article emphasizes that this issue, as well as the prospects for using specialised knowledge of psychology and psychiatry in non-procedural forms, require a thorough analysis and coverage in the legal literature in order to improve the practical activities of the prosecution in criminal proceedings.

Theoretical and legal principles of forensic psychiatric examination in criminal proceedings

The category of forensic examinations includes examinations conducted in civil or criminal proceedings by court order. Forensic examinations are carried out in specialised forensic institutions or outside these institutions in accordance with the procedure established by law. A significant number of forensic examinations are conducted in forensic departments of state psychiatric institutions. According to Ukrainian legislation, state forensic institutions are those institutions that are specifically designated to conduct forensic examinations and are subordinate to the Healthcare Department. A forensic psychiatric or comprehensive forensic psychological and psychiatric examination must be conducted by experts in accordance with the procedure set out in the Civil Procedure and Criminal Procedure Codes of Ukraine. Depending on the nature of the expert research, forensic psychiatric examination departments are divided into outpatient and inpatient.
 The knowledge that a psychiatric expert must have is specific, taking into account knowledge of the patterns and characteristics of mental activity of the individual. This specialised knowledge is acquired during special professional psychological and psychiatric training, and is subsequently implemented in the practice of forensic psychiatric examination, and therefore has legal significance. The knowledge used in the pre-trial investigation of criminal offences and in court proceedings is used to establish the mental state of the person who committed the criminal offence.
 The theoretical and legal aspects of the appointment and conduct of forensic psychiatric examination have been determined on the basis of the analysis of the provisions of legal acts in this area. The issues related to the professional component of training of experts conducting forensic psychiatric examination have been highlighted, and it has been found that, as a rule, they have their own individual style of professional activity and constantly improve their level of competence.
 It has been found out that the subject of psychiatrist's research is mental diseases and disorders, brain diseases manifested by disorders of mental activity of a person. The issues of ethical standards in the activities of an expert in conducting a forensic psychiatric examination have been considered.

Forensic Psychological Examination of Reliability of Testimony in Cases of Sexual Abuse of Minors in Germany

In Germany in the 90s took place a number of sexual abuse trials with minor victims, which caused a wide public outcry and a discussion about methods for assessing credibility of testimony . The result of the analysis of the errors admitted in these trials were some measures aimed at improving the quality of forensic psychological examination of testimony . In 1999 the Federal Supreme Court of the Federal Republic of Germany adopted the decision No . BGH 1 Str 618/98, in which it formulated the basic requirements for this kind of forensic psychological examination and recognized Statement Validity Assessment (SVA) as its only methodical basis . SVA remains also today the only approach to assessment of credibility of testimony recognized by courts and psychological experts in Germany . The article discusses the Worms, Montessori and Nordhorn cases, their potential causes and the place of SVA in assessing reliability of testimony . Investigative authorities and courts in Russia also have to assess reliability of testimony given by minor victims of sexual abuse, so the study of German experience of forensic psychological examination of reliability of testimony including the bad one of cases in the 90s is of practical interest

THE USE OF PSYCHOLOGICAL MANIPULATION BY A CRIMINAL WHEN INTERACTING WITH A CHILD IN CASES OF PROLONGED CORRUPTION OF MINORS

The article highlights one of the important aspects of conducting forensic psychological examinations in cases involving crimes against sexual integrity or sexual freedom of an individual. It is emphasized that the mentioned illegal acts can have a long continuation, which is most often manifested in repeated corruption of a minor person(s). It is characteristic that under the specified circumstances, the child mostly does not actively resist. This may be due to a number of factors, including the formation of trust in the criminal, his perception by an authoritative person (perhaps one who replaces the absent figure of one of the parents), as well as the use of various methods of psychological manipulation in relation to a minor. The article is intended to draw the attention of forensic experts and employees of judicial and investigative bodies to the need to study the peculiarities of the interaction of a criminal with a minor in the situation of committing lewd acts against a child, which is of a prolonged nature. The criminal’s use of psychological manipulation, which can affect the child’s personal, cognitive, and emotional-volitional spheres, is highlighted. This is important for the objective determination by the expert of the victim’s ability to understand the nature and meaning of the actions committed against him and resistance in the situation of illegal acts, and can also be considered by the judicial and investigative bodies as a component of the method of committing the crime. Methods of psychological manipulation are described and examples of their use are given. It is noted that psychological manipulation can be applied to adults. The article highlights the individual characteristics of the child, which predict its higher susceptibility to the influence of psychological manipulation, and also outlines the factors that increase the likelihood of the child suffering from lewd acts.

THE PROBLEM OF DOMESTIC VIOLENCE UPON THE RETURN OF MILITARY PERSONNEL FROM THE COMBAT ZONE

The article is devoted to the problem of domestic violence after the return of combatants to their homes. The main problems, consequences of PTSD and their manifestations in demobilized combatants were identified, namely, violence in families. The main types of violence in families of demobilized combatants are physical, psychological and emotional violence. However, there is practically no developed effective toolkit for this problem. Therefore, the above-mentioned problems appear before the experts during the forensic psychological examination to solve the tasks, in particular: determining the presence of domestic violence in the families of combatants.

Interdepartmental cooperation in prevention auto- and heteroaggressive behavior of minors

The growing trend in the number of shootings cases in schools determines the need to take preventive measures to identify minors at risk of committing socially dangerous acts. The purpose is to determine approaches for interdepartmental interaction between specialized medical organizations and educational organizations in the aspect of minors auto- and heteroaggressive behavior preventing. Materials and methods. Behavioral indicators and psychological characteristics of adolescents who planned or committed attacks on educational institutions, minors with autoaggressive behavior who underwent complex forensic psychological and psychiatric examinations at the FSBI “NMIC PN named after V.P. Serbsky” of the Ministry of Health of Russia are analyzed. Results. In 2022, a new version of the «Methodological materials on the signs of deviations, the actions of education system specialists in situations of social risks and prevention of deviant behavior of students» was introduced into the educational process (methodological development “Prevention Navigator”). One of the new aspects is a block dedicated to identifying the risk of an attack on an educational organization (signs of the risk of committing a particularly dangerous act and a special algorithm of actions). The article describes aspects of the interaction of educational organizations with specialized medical institutions in the context of identifying such students and preventing socially dangerous behavior of minors. Conclusion. The current system of interaction between educational institutions and medical organizations specializing in the field of mental health of children and adolescents requires improvement and legal support

Дело о поджоге Рейхстага в 1933 г. с позиций психологической экспертизы достоверности показаний в Германии

The scientific discussion that has been going on in recent decades about the possibility and admissibility of examination of the reliability of testimony demands the study of some leading foreign countries experience, where such examination has long become a fact of practical jurisprudence. 
 The goal of the study is to analyse the theoretical insights of German scientists and experts into the most resonant facts from the perspective of modern psychological expertise.
 The object of the study is the case of the Reichstag fire, 1933. Marinus van der Lubbe, a worker from the Dutch Leiden, was accused of setting the Reichstag on fire and then sentenced to death. In 2007 the law on “Abolition of unjust judgments of the national socialist regime” (1998) granted a pardon to van der Lubbe without revision au fond. To this day, there are disputes about the involvement of van der Lubbe in organizing the arson and his guilt. The German psychologist Hartmut Böhm made an attempt to evaluate van der Lubbe’s testimony from the perspective of modern psychology and forensic psychological examination of the reliability of testimony. The article briefly outlines some results of this attempt to give a general idea of the logic of the developed and recognized tools applied.

Автобиографическое произведение как источник верификации теории уголовно-правового аффекта

The article discusses ways to improve the theory and practice of forensic psychological examination of affect. It is shown that one of the sources for studying the signs and the course of affect can be autobiographical works that describe the facts of the observed affect. The criteria for the accuracy of the description of affect can be the correlation of the described fragments of the affective reaction with scientific data on the physiological affect.

Urgent issues of suicidal behavior in children and adolescents (general and regional aspects)

The article deals with the issue of suicidal behavior in children and adolescents in the context of the realities of modern society. There has been an increase in juvenile suicides in Russia in recent years, with an overall average decrease in suicide rates. An attempt is made to consider these facts in the context of social and biological aspects affecting the formation of behavioral disorders. The phenomenon of «fragmentary» or «clip» thinking, characteristic of the modern youth subculture, as well as the role of social and neurobiological factors in the formation of suicidal behavior, is discussed. The results of a retrospective analysis of complex posthumous forensic psychological and psychiatric examinations of completed suicides of children and adolescents in the Republic of Buryatia for the period 2012–2016 are presented. It has been found that male teenagers (15–17 years old) who lived in rural areas, were brought up in single-parent families, and studied at a secondary school predominate. In 21.8 % of cases, there was a history of suicide in close relatives and every fifth suicidal child had signs of suicidal behavior earlier (suicidal statements, attempts, interest in the topic of suicide). In most of the studied cases, family conflicts were the probable causes of suicidal behavior. It is concluded that in order to analyze the issue of suicide in children and adolescents, a comprehensive assessment of social, ethno-cultural, and biological factors is necessary.

Methodical Approach to the Analysis of Information Materials Regarding Public Discredit of the Use of the Armed Forces of the Russian Federation

In view of the urgency of solving expert tasks resulting from the application of the new norms of the legislation of the Russian Federation regulating actions aimed at discrediting the use of the Armed Forces of Russia in order to protect the interests of the state and its citizens, maintaining international peace and security (Article 280.3 of the Criminal Code of the Russian Federation, Article 20.3.3 of the Administrative Code of the Russian Federation), the author reviews the methodical approach in the basis of the methodical letter for state forensic experts. The author justifies the expediency of appointing complex forensic psychological and linguistic examinations to analyze this kind of objects. She also presents the grounds for its appointment, the subject and objects, the tasks to be solved, and the main expert concepts of such examinations.

IMPLEMENTATION OF THE PRINCIPLES OF FORENSIC PSYCHOLOGICAL EXAMINATION ON CERTAIN RESEARCH EXAMPLES IN FORENSIC EXPERTOLOGY

On the basis of practical experience in a scientific article, the author considers the implementation of special methodological principles directly related to the conduct of forensic psychological examination. It is concluded that the formation of special knowledge by an expert in compliance with ethical codes and rules for conducting forensic psychological examinations is actively operating today, and the implementation of the principles of forensic psychological examination is demonstrated by forensic psychologists, who aim not just to state the facts, but to justify the necessary establishing the truth in specific cases, while helping the investigating authorities to form an evidence base, and the court to resolve the issue of psychological content. Key words: forensic psychological examination, principles of forensic activity, criminal proceedings, the use of a polygraph.

FACTORS OF UNCONSCIOUS CURVATURE OF THE MANIFESTATIONS

The article is devoted to a systematic description of the criteria that affect the unconscious definition of unreliable revelations during interrogation, namely the definition of 1) the subconscious level of the psyche, in particular: a) implicit memory and its phenomena – priming; b) unconscious deep mental institutions; and 2) the main areas of the personality psyche (mental processes, acquired and acquired properties). It is noted that the verification showed that the personality must be discovered experimentally, and this is possible only with the help of a forensic psychological and psychiatric examination. Only specialists in the field of forensic psychological and psychiatric examination can experimentally establish exactly how much a person is able (and was able) to understand the meaning of his actions or control his actions. Investigators, investigating judges and judges must necessarily know the basic criteria for assessing the signs of an unconscious assessment of the assessment, this will be the validity of the assessment, that the forensic psychological and psychiatric examination will be justified, and the following will be empirically revealed: 1) the degree of suggestibility of the individual; 2) personality type for all kinds of stress factors; 3) the mental state of individuals during the consideration of offenses and after it; 4) assessment of the mental state of individuals for its receipt and properties during the detection of offenses and after it; 5) the degree of the individual’s ability to: a) memorize, store and reproduce information; b) the degree of concentration of the person’s attention; c) features of detection of cases of occurrence; d) the ability to think critically, etc. The prospect of development of psychological and forensic competence among investigators, investigative courts, and courts, especially in the field of verification of information and data, is noted. It is emphasized that the subconscious level of the human psyche is quite difficult to study and diagnose, however, due to conscious cognitive and volumetric characteristics and forms of personality, there is the ability to understand implicit memory and its phenomenon – priming, deep psychological attitudes, as well as their assessment of the reliability of testimony. Key words: verification, interrogation, essential and cognitive stereotypes, implicit memory, criminal proceedings, unconscious curvature, priming

Identification of medical and psychological indicators of trouble in adolescents to ensure the safety of the educational environment and the prevention of auto-and hetero-aggressive behavior

Introduction. Aggressive behavior of children and adolescents in the educational environment should be assessed differentially depending on the nature of its manifestation and the age of the student. Extreme variants of aggression, expressed in attacks on educational institutions, are multifactorial in nature and combine auto- and hetero-aggressive tendencies.Goal. Identifying medical and psychological indicators of vulnerabilities in adolescents, warning of the possibility of their auto- and hetero-aggressive behavior, also in the educational environment.Material and methods. Qualitative and descriptive analysis of the empirical material of complex forensic psychological and psychiatric examinations of minors with suicidal and hetero-aggressive behavior.Results. Behavioral indicators and typological psychological features inherent in this category of adolescents are described. The order of work of specialists (teachers, school and clinical psychologists, social educators, psychiatrists) with adolescents displaying these behaviors is presented. Particular attention is paid to the clinical manifestations of mental disorders that can be found in such adolescents.Conclusions. Prevention of auto- and hetero-aggressive behavior of adolescents in the educational environment, starting with the fixation of described behavioral indicators, requires the consistent involvement of various specialists in work with adolescents and their interdisciplinary and interdepartmental interaction.

FEATURES OF EXPERT RESEARCH OF THE AFFECTIVE SPHERE OF PERSONALITY

Forensic psychological examination as a special procedural action,clearly regulated by law, the main purpose is to obtain an expert opinion.Examination is carried out in situations when there is a need to applyhighly specialized psychological knowledge to address issues that ariseduring the investigation of a crime.Of particular importance is the psychological analysis of the psychophysiologicalstate of the subject, as the examination of the states ofaffect and all related procedural actions are extremely complex. The purposeof the article is to reveal some specific aspects of the organizationof expert research on the psychological propensity to experience affect.Object of research: psychophysiological basis of the emotional sphere ofpersonality. Subject of research: features of expert research of the affectivesphere of personality.The interest of law enforcement agencies in the SPE of the psychologicalstate of a person at the time of the offense is caused by the fact thatmany serious crimes related to physical violence are committed in a stateof so-called strong emotional excitement caused by wrongdoing.If the fact of a person being in a state of strong emotional excitementduring the period under study is established, then his actions entaila significant mitigation of liability. Using Student’s t-test, significantdifferences were found between the control and experimental groups interms of mental activation, interest, emotional tone, tension, comfort.The experimental group is dominated by states: mental activation, emotionaltone and comfort, in the control — more represented interest andtension.In addition, statistically significant differences between subgroupsof men (and between experimental and control groups in general) were found for all emotional states, but no statistically significant differenceswere found between subgroups of women for “comfort”. Based on theobtained data, we can assume that the experimental group (a group ofpeople who are psychologically prone to experiencing affect) has a highlevel of mental activation, emotional tone and comfort.

Issues of Proving the Motives for Official Misconduct

The author analyzes the flexibility of the lawmakers attitude to the regulation of the subjective side of public office offences in the corresponding Articles of the Special Part of the RF Criminal Code when determining internal incentives - motives driving the criminal behavior of people: in some cases, their attitude is neutral, in others there are various degrees of specification, and sometimes they use concepts that are similar in their meanings. In both legal theory and the practice of law enforcement, this results in different approaches to understanding the significance of this element in the system of criminal activitys mechanism, and its role not only for crime qualification, but also to proving. As a result, such controversy leads to a lack of a unified position regarding the interpretation and application of norms, and contributes to conflicts in the practice of judicial investigation. The author presents arguments to criticize the position according to which motives or other internal incentives should be eliminated from the necessary elements of the analyzed crimes and believes that the existing approach makes proving harder. The author points out that if the lawmakers do not consider it necessary to include motives or other similar concepts (goals, interests, incentives) necessary for qualification in the criminal law norm, it does not relieve the law enforcement bodies from the obligation to establish this element in illicit activities, since the necessity of proving the subjective side of an action is directly provided for in the norm of Art. 73 of the RF Criminal Procedure Code which regulates the universal facts to be proven. Moreover, regardless of how the criminal law determines motives and goals of the person with managerial functions, even if they are not relevant for qualification, the identification of precise criminal motivation is always key to incriminating a person and establishing all the circumstances of the infringement, including measures undertaken to conceal criminal activities, group and (or) multi-episode activities, etc. At the same time, the analysis of empirical sources allowed the author to conclude that persons responsible for proving proof do not pay sufficient attention to establishing the motives of criminal actions, especially if they are not obvious. The author presents recommendations on filling the existing gaps, including a more precise psychological description of people guilty of official misconduct using the possibilities presented by modern forensic psychological examination that could help determine the motives of the people who use their official powers against the interests of their service.