The issues resolved with forensic psychological expertise and their situational conditionality
Journal Title: Юридические науки и образование - Year 2015, Vol 44, Issue 44
Abstract
The ground to assign the forensic psychological expertise (FPE) does not appear at once. It appears during investigation of criminal cases – receiving of the results various investigative actions. Therefore, the expert examinations should be assigned many times. If to draw into account that assignment and production of an expertise takes 10 days in average (which evidently reduced), then all terms of investigation would be spent only one investigative action. Consequently, it appears an issue on situations, in which an assignment of the FPE is mandatory and should not be given at discretion of an investigator. Based on a content of the above dilemma, the FPE should be assigned under necessity and possibility of the problems resolution only through special psychological knowledge, but not with other ways. To do it, should be defined appropriate situations, when the principles of sufficiency and relevancy of the evidences come into the force. Assignment of the FPE in criminal proceedings should be stipulated with specific conditions, which desirably to fix in the law. This will exclude subjectivism and perfunctoriness in course of establishing the truth on a case. It seems that seriousness of a crime, special subjects (minors and others), problems of sanity, kinds of a guilty, justifiable defence, extreme necessity, psycho-physiological characteristics of a person are the similar conditions of this.
Authors and Affiliations
Tarana Isayeva
Keywords
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