14.3 Specificity of the object of forensic psychological examination and materials necessary for its production

The generic object of the forensic psychological examination is the mental activity of the subject of legal relations (the accused, the defendant, the victim, the witness, the plaintiff, the defendant), i.e. mental activity of a person in situations of legal significance. Such situations include the composition of punishable acts (under criminal and criminal procedure legislation), as well as civil disputes resolved in civil proceedings.

The specificity of the object is due to the inaccessibility of the psyche to direct knowledge. However, the study of mental activity is possible through the analysis of actions and actions that are a reflection of this activity. The expert receives information from material sources, as well as through expert psychological examination of living persons using valid and reliable research and diagnostic methods. At the same time, the recorded results of an experimental psychological examination also become materialized sources of information. Objects of forensic psychological examination can be sources of information about the circumstances of the offense or other events important for justice - any material in which data are contained in one form or another, having psychological content or which can be subjected to expert psychological analysis.

Material sources can contain two types of information:

- General psychological information about the subject;

- information about the mental state and features of mental activity (including behavior) of the subject in a certain legally significant period.

Materials containing information of the first type reveal the circumstances of the individual mental development of the subject, allow to obtain data on the character, habits, features of emotional response, behavioral stereotypes, features of relationships and interpersonal interactions, social and professional status. In this regard, the testimony of relatives and acquaintances, informal characteristics, employment records, service records, products of mental activity (works of authors, letters, diaries, etc.), certificates, medical records, etc. are informative for the expert.

The important sources of information of the second type may be the records of interrogations and court sessions, in which the testimony of the participants in the process are recorded; evidence, oral and written, physical evidence, documents, information about the method and instruments of the crime, the characteristics of the offense. inclusion of forensic experts. Other genera (medical, psychiatric, forensic).

The specificity of the object of examination necessitates obtaining information from as many sources as possible. The study and analysis of the materials of the case is the central method of forensic psychological examination. In this regard, the case file submitted for review by the experts must be duly arranged and contain information of both the first and second type.

The completeness of information, the sufficiency of the initial data when appointing a forensic psychological examination determine the completeness of the research and reduce the likelihood of erroneous conclusions.

The correctness of the questions submitted to the expert’s resolution ensures the correctness of the expert task, gives the correct purpose to the research, helps to correctly identify the subtasks and, as a result of the research, give the right motivated answer. In expert practice it is not uncommon to ask questions that are either not within the competence of the forensic psychological examination, or which complicate the study and are inexpedient from the point of view of the tasks of legal proceedings.

The competence of the forensic psychological examination does not include the legal assessment of evidence. The expert does not have the right to answer the question, it corresponds to the validity of the testimony of the expert, and may (only in some cases) carry out a psychological analysis of the reliability of the testimony, as well as give an answer to the question whether the subject is able to give the correct testimony. The expert does not give a legal assessment of the acts, does not establish the fact of the guilt of the person, does not qualify the acts committed.

During the examination of living persons, taking into account the requirements of the law guaranteeing the observance of the rights of persons sent for examination (Art. 35 of the Law on Forensic Expertise), as well as to minimize mental stress on a subexpert person associated with a lack of clarity of the situation, the expert When starting a survey, he must explain to him the grounds and general goals of the study, the course of the survey, give explanations regarding the methods and means used.

Citizens' rights are also guaranteed by art. 28 of the Law: “In the event that a forensic examination is performed on a voluntary basis, a written forensic examination of the person must be submitted to the state forensic expert institution to undergo forensic examination. a written consent to conduct a forensic examination is given by the legal representative of that person. "