Forensic psychological examination is a special procedure carried out during the investigation by a professional specialist. Its main goal is to assess the phenomena and actions related to the psychological sphere. Obviously, in order to better understand this or that matter, it is necessary to delve into the personality characteristics of the person who committed unlawful acts, as well as the internal motives of his actions. This measure allows you to expand the scope of evidence of offenses.
Forensic psychological examination in criminal proceedings solves the following issues:
- elucidation of the ability of all participants (victims, accused, witnesses) to give truthful and correct testimonies, as well as to perceive all aspects relevant to this process;
- establishing the correct perception of the case of victims of rape. In particular, it turns out whether a person understands the meaning and nature of the actions taken with him. It also explores whether the victim could resist the offender;
- the establishment of the ability to correctly perceive the actions performed, as well as to direct them in the minor accused who are behind in mental development;
- elucidation of the presence of conditions of physiological affect that can affect the consciousness and actions of the suspected person at the moment when actions recognized as unlawful were committed;
- in cases related to offenses at the workplace, it is established that the accused has various psychological violations that may have a negative effect on the performance of his professional duties. For example, these may be cases relating to labor activity in railway transport, aviation;
- forensic psychological examination helps to establish the mental state of a person that preceded his suicide;
- elucidation of the presence or absence of specific individual characteristics of the accused, which could lead to the commission of illegal actions
Forensic psychological examination in the civil process resolves the following issues:
- the legal capacity or incapacity of the persons participating in the case is established;
- it becomes clear whether the person was aware of their actions and whether they were led by them at the time of the transaction;
- some details of child protection cases are established. In particular, it reveals the psychological state of the child and aspects that could affect him;
- Some details of cases related to compensation for non- pecuniary damage are established. In particular, the degree of moral suffering of the victim is ascertained;
- details of cases related to the rights and obligations of guardians are established.
Most often, forensic psychological examination is used to investigate criminal trials. EIT in civil matters is popular in the West, but in Russia it is becoming more and more relevant. Of course, psychological examination contributes to a more correct and accurate understanding of all the details of the case. Conducted by a panel of experts. However, in some cases, this may be one specialist.
The procedure under consideration should not be carried out in parallel with or precede a psychiatric examination. Why? The fact is that a forensic psychological examination can be applied only to those people who are recognized as mentally healthy. Otherwise, its use in the case is prohibited.
Examination can be carried out in relation to all significant participants in the process. In particular, this is the accused, the victim, as well as witnesses. Most psychological examinations are used to establish the identity and individual characteristics of the suspect.