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Forensic examination of emotional states. Forensic psychological examination of the emotional states of those accused of affective crimes

Forensic psychological examination

3. Psychological examination of emotional states

It is appointed in cases where the question arises of the possibility of qualifying the actions of the accused (defendant) as committed in a state of strong mental agitation (physiological affect) and this state is provided by the legislator as an mitigating circumstance in cases of murder and grievous bodily harm.

Violent crimes against a person are often the final phase of the conflict between the offender and the victim. At the same time, there are cases when the victim provoked the criminal behavior of the accused.

"The holistic act of reflection always to some extent includes the unity of two opposite components of knowledge and attitude, intellectual and "affective", of which either one or the other acts as the predominant one" (Rubinshtein S.L., Being and Consciousness, M ., 1957, p. 264). A high degree of emotional experiences specifically affects the nature of cognitive processes and the structure of the subject's consciousness. This influence leads to the effect of "narrowing" of consciousness, which, in turn, makes the activity of the subject one-sided, not flexible. Among the emotional states characterized by high emotional stress are the states of physiological affect (strong mental agitation), stress (mental tension) and frustration. Let's take a look at the characteristics of each one in turn.
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3.1. The heat of passion

Affect. It is characterized by brevity and "explosive" nature, which is usually accompanied by pronounced vegetative (changes in complexion, eye expression, etc.) and motor manifestations. Intensive realization of the physical and psychological resources of a person. Usually proceeds within a few tens of seconds.

The state of affect has a disorganizing effect on higher mental functions, the control of consciousness over behavior as a whole is sharply reduced. One of the consequences of an affective state is a partial loss of memory (amnesia) in relation to events that immediately preceded the affect and occurred during the affect.
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3.1.2. Mechanisms of affect

There are several mechanisms of affect.

A long period of "accumulation" of negative emotional experiences before the onset of affect. A long-term state of internal emotional tension is characteristic, and sometimes a slight additional negative impact can be a "trigger" for the development and realization of an affective state.
The impact of a one-time extremely significant event for the subject.
intermediate mechanism. The repeated negative impact of the irritant is delayed in time (from several minutes to several years): a meeting after a long absence of a long-standing offender who resumes bullying.

A feature of the physiological affect is that it is perceived as an unusual, paradoxical, form of reaction alien to the person under investigation. Often, the person under investigation is positively characterized at the place of work and at home, has positive social attitudes and high self-control of behavior. However, the relationship with the victim can be characterized as a conflict, which is perceived by the defendant as hopeless, insoluble.

The starting stimulus of affect can be both an aggressive, threatening action of the victim, and an insignificant, outwardly harmless influence that plays the role of the "last drop" that overflowed the cup of patience.

Exposure to affect contribute to previous adverse conditions affecting the accused - insomnia, chronic fatigue, overexertion, illness, etc.

The moment of affective relaxation comes unexpectedly for the accused himself, in addition to his volitional control. There is a partial narrowing of consciousness - the field of perception is limited, attention is entirely concentrated on the subject of violence. Consciousness is overflowing with blind rage, anger, resentment; appearance changes - facial features are distorted, its color changes, eyes expand. The accused reacts weakly to external influences, may not pay attention to his own wounds. Behavior acquires inflexibility, becomes simplified, complex motor skills that require control of consciousness are lost, actions are stereotyped, motor automatisms dominate - hence the multiplicity of strikes, their uniformity, crowding and obvious redundancy. At the same time, arbitrariness decreases, but energy increases, movements acquire sharpness, swiftness, continuity, and great strength.

The duration of this state can vary from a few seconds to several minutes, after which there is a sharp and rapid decline in emotional arousal, a state of emptiness and extreme fatigue increases, a slow realization of what has been done occurs, often accompanied by a feeling of repentance, confusion, pity for the victim.

It is necessary to distinguish physiological and pathological effect ( acute short-term mental disorder ) , which is characterized by: deep clouding of consciousness; violent motor excitement; complete (or almost complete) amnesia.

Actions in a state of pathological affect are distinguished by great destructive power, and in the post-effect stage, deep sleep is observed. Pathological affect is a painful state of the psyche, and therefore it expert review should be carried out by a psychiatrist.

The state of alcoholic intoxication. It is lawful to appoint a PPE for the subject of affect in relation to the accused who was in a state of alcoholic intoxication, especially in the case of a mild degree of intoxication.
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3.1.3. Suggested Questions for Obtaining Information from Witnesses or Victims

Recommended during the interrogation of witnesses or victims ask them next questions:

What the defendant looked like at the time of the tort:

a) the color of his face?

b) eyes (shifting pupils, constricted or dilated)?

c) tremor of the hands or other parts of the body?

What did the defendant look like and what were the features of his behavior after the incident?

a) crying

b) sat still;

c) tried to help the victim;

d) adequately answered questions;

e) what was the pace of his speech (accelerated, slow, normal);

e) what was the content of his statements.

What was the relationship between the victim and the defendant?
What are the characteristics of the personality and behavior of the person under investigation?
What are the characteristics of the victim?

Also, during the interrogation, the investigator must find out:

somatic condition on the eve of the delict;
features of interpersonal relationships between the person under investigation and the victim (the presence of conflicts, the specifics and ways to resolve them);
personality traits of the victim (temperament, character, family relationships, etc.);
find out the features and dynamics of the relationship with the victim (the source of the conflict, whether there were conflicts before, etc.).

3.1.4. Typical questions put forward by the investigator in the decision on the appointment of the SPE of emotional states:

What are the individual psychological characteristics of the person under investigation?
What are the features of interpersonal relations between the victim and the defendant?
How could the identified personal characteristics affect the behavior of the person under investigation in the situation under investigation?
In what mental state was the defendant at the time of the tort?
Was the defendant in a state of physiological affect or other emotional state that had a significant impact on his behavior?

Emotional states that disorganize the behavior of the person under investigation, however, do not reach the depth of physiological affect, may be stress and frustration.

3.2. Stress

In psychology, stress is understood as a state of mental tension that occurs in a person in the process of activity in the most difficult conditions, both in everyday life and in especially extreme conditions. Stress can have both positive and negative effects on human activity, including even its complete disorganization.

objective signs, which can be used to judge stress: physiological manifestations (high blood pressure, changes in cardiovascular activity, muscular tension of breathing, etc.); psychological (experience of anxiety, irritability, feeling of anxiety, fatigue, etc.). but the main sign of stress is a change in the functional level of activity, which is manifested in its tension. As a result of such great stress, a person can mobilize his forces, or, conversely, as a result of emotional stress, the functional level decreases, and this can contribute to the disorganization of activity in general.

Distinguish physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. The occurrence of psychological stress in certain life situations may differ due to the objective characteristics of the situation, and in connection with the subjective characteristics of the person's perception of the situation. Therefore, it is impossible to single out universal psychological stresses and universal situations that cause psychological stress in all people. These factors are very important in assessing the emotional state of a person, especially in forensic and investigative practice.

The SPE is not limited to a simple statement of fact whether there was an affect or not. The expert is faced with the task of establishing causal relationships of emotional reactions of the subject. A description of the regularities in the occurrence of these reactions in the subject of an expert helps the court and the investigation to shed light on important aspects, reflecting the legal concept of "suddenly aroused strong emotional excitement."

It is also important to distinguish between physiological affect and frustrations.

3.3. frustration

Frustration is a mental state of disorganization of consciousness and human activity, caused by objectively insurmountable obstacles. Frustration situations are characterized by two mandatory conditions: the presence of an actual significant need and the presence of obstacles to the implementation of this need. A necessary sign of frustration is the strong motivation of the individual to achieve the goal, to satisfy a significant need, and the presence of an obstacle that prevents the achievement of this goal.

The behavior of a person in a state of frustration can be characterized by restlessness, apathy, aggression and destruction, and regression.

A frustration state is characterized by a violation of motivation and expediency, with pseudo-frustration behavior one of the above characteristics is preserved (for example, when in a state of rage, a person behaves expediently).

Pseudo-frustration behavior is characterized by a partial loss of control by the will of a person, however, it is expedient, motivated and retains control from the side of consciousness.

Frustrated behavior is that behavior that is not controlled by either the consciousness or the will of a person, it is disorganized and has no meaningful and semantic connection with the motive of the situation. With such behavior, the freedom of awareness and will is limited. In this regard, frustration can be identified as a special condition that can be considered by lawyers as a mitigating factor.

The study of persons who committed a crime in a state of frustration revealed their main personal and behavioral characteristics that predispose them to crime. This is a deep emotional involvement in the situation, a tendency to evaluate one's needs as highly significant, insufficient adequacy of behavior.

Frustration is manifested not only in aggressive forms of behavior. In some cases, withdrawal into oneself (emotional closure) is observed in order to ease emotional discomfort. Sometimes there are regressive forms of behavior.

The specifics of behavioral reactions are significantly influenced by personal characteristics, especially the degree of emotional stability. Emotional instability is manifested in the subject in increased sensitivity and emotional irritability, increased excitability, lack of self-control, anxious self-esteem.

Internal factors that determine the overestimated importance of needs are determined by the intellectual and personal characteristics of the person under investigation. Such individuals are characterized by inadequate self-esteem, a low level of mental adaptation, egocentrism, rigidity, and poor communication skills.

The state of frustration can contribute to the emergence of strong emotional excitement, and it can be considered as an extenuating circumstance.
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4. Post-mortem forensic psychological examination

The need for a post-mortem POC may arise in the investigation of cases of various categories. First of all, it is carried out in relation to persons who have committed suicide, when the question of incitement to suicide arises. A post-mortem SPE can be assigned when checking the facts of a violent death, when the investigation is developing versions of the possibility of a murder disguised as suicide, or, conversely, a suicide disguised as murder. The conclusion of this type of examination can also help to distinguish between suicide and death as a result of an accident.

The object of a posthumous PSE is always dead person, and experts always solve the following problems:

study of personality, individual psychological characteristics of the deceased;
study of the mental state of the deceased, in which he was in the period preceding his death; deciding whether it was suicidal;

study of the causes and conditions for the development of a deceased mental state that provoked his suicide.

This type of examination is rightfully one of the most complex and responsible, since experts are deprived of the opportunity to conduct a face-to-face experimental psychological examination of the subject.

The solution of expert tasks is entirely based on the materials of the criminal case collected by the investigation, and the validity, reliability and effectiveness of the experts' conclusions depend on their quality, completeness, objectivity.

The materials of the criminal case prepared for the production of this examination must contain not only the testimony of persons who knew the deceased, but also his letters, notebooks, personal diaries, notes, as well as drawings, poems, prose, etc. important information may be contained on video and audio cassettes, in computer memory and on floppy disks.

For a reasonable answer to the questions, the experts should have, as far as possible, comprehensive information about the identity of the deceased, his character, features of emotional response, style of behavior in conflict situations, as well as about the situation that has developed around the deceased on the eve of the event under investigation and his attitude to this.

According to researchers, suicide is a consequence of the socio-psychological maladjustment of the personality, when a person does not see for himself the possibility of further existence in the current conditions.

Thus, the probability of maladjustment increases during periods of socio-economic instability in society. Especially critical is the "time of loss of hope", when social upsurge is replaced by decline, which exacerbates the crisis of public consciousness, has a depressing effect on members of society and contributes to the voluntary renunciation of life by the weakest of its members. This is most pronounced in a society that is in decline and has no prospects for development (Fomenko: "Russia has two chances to get out of the crisis: real and fantastic. Real - this is if aliens arrive and help get out of the crisis. And fantastic - the Russians will cope with this issue").

Unfit in this situation are socially unprotected and those who are more prone to depression, depression, hopelessness, who are more vulnerable to stress, impulsive, not self-confident, prone to doubts, dependent on others. Weak in this situation are also those who are not flexible enough, uncompromising, have increased demands on themselves.

An acute state of maladjustment can occur as a result of a serious illness, life failures, loss of a loved one. In any case, when assessing the severity and depth of the socio-psychological maladjustment of a person, three components are considered:

the severity of violations of habitual living conditions;
their interpretation by man;
willingness or willingness to make an effort to adapt.

Suicides differ in their significance to psychological motives. They are often based, consciously or unconsciously, on the motive of appealing to the feelings of loved ones or to public opinion, the desire to get help or support. In this case, they can take the form of a demonstration, be true or blackmail, imitation.

In its meaning, suicide can take on the paradoxical nature of an act, a way out of a conflict situation (as the last undeniable argument in a dispute).

When collecting information about the identity of the deceased, one should not neglect information about his development in childhood, school performance, and the nature of relationships in the parental family. ***

If there is an assumption that the deceased was not quite mentally complete, a healthy person - had brain injuries, was distinguished by oddities in behavior, etc., then it is necessary to appoint a comprehensive psychological and psychiatric examination.

In the genesis of suicide, one cannot ignore the role of the family - the closest environment of a person. The intra-family environment can successfully compensate for a person's suicidogenic manifestations, but it can also intensify or even provoke them.
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5. Methods of forensic psychological examination

In the SPE, diagnostics is of particular importance due to the fact that its results, as well as the results of the examination as a whole, significantly affect the possibility of applying punishment, its type and size, and the decision made in the case.

Psychodiagnostics of an individual can be used as a diagnosis of personality, intellect, abilities and activities.

One of the classical methods of scientific research, in particular diagnostic, is observation method. It consists in a systematic and purposeful perception of the subject of observation, his activities. A number of requirements are set before observation as a SPE method: it must be objective, be characterized by unambiguous intent, and allow for the possibility of control. It can be permanent or temporary, continuous or selective. Gives good results in natural conditions without expert intervention in the normal course of the event. Disadvantages: the observer is in a passive position, forced to wait for the phenomenon or state of interest to him to appear. Does not allow quantitative analysis of the results obtained; with its help it is impossible to establish the causes of this or that mental phenomenon, process or state.

To study the personality and psychological characteristics of a person, they use conversation method. With its help, the attitude of the subject to people, social values, events, own behavior is revealed, the general educational and cultural level, interests, worldview, personal characteristics of behavior, type of temperament, emotional, volitional signs, i.e. socio-psychological features.

Information is analyzed in several aspects:

logical-semantic(determination of the characteristics of the subject's speech, indicating the relationship of the expressed logical speech to the objects designated by it and the content expressed by them);
phonetic(character of pronunciation and stress (ethnic or national origin), perfection of language proficiency);
mimic-pantomimic(the ability to convey information verbally or non-verbally);
emotional(pleasure, irritation, peace or anger, good nature - anger, calmness - fear, etc.).

the conversation is most effective when it is as close as possible to natural conditions for the subject.

disadvantages : conclusions about the mental characteristics of the subject have to be made on the basis of the answers of the subject himself. However, in combination with other methods, it can be quite informative.

interview method. Can be applied on initial stage expertise in order to develop a working hypothesis and determine the psychological variables (processes, states, phenomena) of interest to the expert, as well as to supplement, clarify, expand the data obtained using other methods. It differs from a conversation in greater formalization, standard questions, and the presence of a main topic. disadvantages : suppression of the immediacy of answers, loss of emotional contact, activation of the defense mechanisms of the subject.

biographical method. It consists in collecting and analyzing materials characterizing life path and the development of mental processes, properties and phenomena of the subject. It allows you to trace the process of formation of a particular person, to better understand his individual psychological qualities, character traits, inclinations, abilities, etc. object First of all, written sources act: autobiography, memos, reports, press appearances, diaries, letters, complaints, memoirs. The analysis of these documents to some extent coincides with the technology of such a method as the analysis of activity products. The difference between these methods relates to the range of sources: in the biographical method, the objects of analysis are the sources made by the subject himself, as well as documents about him, in the second case, these are only documents, materials made by the subject himself.

Provides for the use of content analysis as a means of reconstructing what is in the text written sources, especially autobiographical documents, is not displayed, not presented directly. Content analysis can be used as an independent method; when applying the biographical method, it is used as an auxiliary.

If the SPE is carried out in relation to persons with developmental delays, delays or pathologies, apply history method. The totality of information about the life of the subject, the diseases he has suffered, the onset and course of the disease, the conditions of life, work and treatment of the subject. The source of information is the subject himself or his relatives and relatives. The anamnesis can be subjective and objective. The first takes place in medical and psychological research and consists in obtaining information from the subject himself. The second can take place in cases where the subjective history is difficult or impossible due to a temporary or chronic mental disorder, sensory difficulties in perceiving and transmitting information to the subjects. Both histories complement each other. Disadvantages: a significant moment of subjectivism in the available information, since it was received from the subject himself and persons close to him, the possibility of a purposeful or deliberate distortion of the circumstances that took place.

In addition to the above, standardized domestic and foreign methods for studying the personality and its structure, intellect, and cognitive processes can be used in the SPE. They are based mainly on two approaches to diagnosing personality traits. One of them is implemented in questionnaires designed to describe and evaluate a person himself, the other - in the application of projective methods designed to obtain information from the subject and assess the psychological characteristics of the personality with the help of an expert.

Questionnaire is a set of questions, each of which should be logically related to the main research problem. The wording of the questions greatly influences the content of the answers. Questionnaires are subject to a number of requirements: they must be statistically processed, allow for the possibility of interpretation, be reliable, and valid.

Eysenck questionnaire. It consists of two parallel forms A and B, which allows you to conduct a second study, eliminating the memorization of the data of the previously studied answers. Contains 57 questions requiring alternative answers "yes" and "no".

It has a scale of "lie", with the help of which it is possible to identify the tendencies of the subject to concealment, deceit, simulation.

Considers personality structures as consisting of three factors: introversion-extraversion, neuroticism-emotional stability, psychotism-normality.

MMPI. Consists of 556 affirmative statements, to which the subject answers "true", "false", "can't say". Designed for persons over 16 years of age. The content of the questions covers such areas of personality as health, social, political, sexual relations, education, family, work, as well as the most famous neurotic and psychotic types of behavior (manic states, hallucinations, phobias, sadistic and masochistic tendencies).

Questionnaire by R. Kettel. 16 factors that characterize the structure of personality.

Questionnaire A.E.Lichko ( pathocharacterological diagnostic questionnaire(PDO)) , which is based on the concept of character accentuations (for teenagers aged 14-18).

^ Projective Methods focused on the study of not fully conscious manifestations of personality with the help of vague stimuli.

Rorschach test.

Thematic apperception test (TAT).

Rosenzweig test. The study of reactions to frustration.

The method of "unfinished sentences".

association test.

Pictogram method.

Self-assessment method.

Cognitive Research: storytelling method

Perception: method of finding numbers using Schulte tables.

Attention: Bourdon method (correction test).

Thinking: the method of excluding objects, the method of comparing concepts, the method of classifications.

Psychological examination is appointed by employees of the investigative or judicial authorities in cases where the question arises of the possibility of qualifying the actions of the accused (defendant) as committed in a state of strong emotional agitation (physiological affect) and this state is provided by the legislator as an extenuating circumstance in cases of murder and infliction grievous bodily harm (see articles 107, 113 of the Criminal Code of the Russian Federation).

Violent crimes against the person, especially murder and bodily harm, are often the final phase of the conflict that took place between the perpetrator and the victim. The development of a conflict situation between people is usually accompanied by an increasing level of emotional tension of the participants in the conflict. At the same time, it is not uncommon for one or more participants in the conflict, by their actions, to provoke the further development of the conflict situation, and this circumstance, refracted through the individual characteristics of the personality, contributes to the emergence of a state of strong emotional excitement at the stage preceding the commission violent crime. Such situations, as mentioned above, are taken into account by the legislator, and in order to resolve the issue of the appropriate qualification of such a crime, law enforcement officials must obtain the opinion of an expert psychologist. Thus, criminal law takes into account the peculiarities of the states and conditions in which the person who committed the crime is located, and these circumstances significantly limit the extent of his awareness, freedom of expression and are regarded as mitigating circumstances.

A qualified assessment of the emotional states of a person under investigation or a witness largely depends not only on the experience of a psychologist, but also on the amount of information about the personality and behavior of the subject of the crime in the materials of the criminal case. Unfortunately, in the process of interrogations and other investigative actions, investigators rarely fix their attention on the peculiarities of the state of health, the mood of the person under investigation before what happened. It is also very important to interview witnesses about how the defendant looked before the incident and at the time of the tort, what features in his behavior were observed after the incident.

What did the defendant look like at the time of the tort: a) what was the color of his face? b) what did his eyes look like (shifting pupils, constricted or dilated)? c) was there a tremor of the hands or other parts of the body? d) what were the features of the intonation of his voice?

What did the defendant look like and what were the features of his behavior after the incident?

a) crying?
b) sat still?
c) tried to help the victim?
d) answered the questions adequately?
e) what was the pace of his speech (fast, slow, normal)?
f) What was the content of his statements? etc.

What were the characteristics of the relationship between the subject and the victim?

What are the characteristics of the personality and behavior of the person under investigation?

What are the characteristics of the victim?

In the process of interrogating a person under investigation, especially at the first stages of investigative actions, the investigator needs to find out from him the following points:

somatic condition on the eve of the delict (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);

features of interpersonal relations between the person under investigation and the victim (the presence of conflicts, their specifics and ways to resolve them);

features of the personality of the victim (features of temperament, character, features of relationships in the family, etc.);

features and dynamics of the relationship with the victim (what was the source of the conflict, were there conflicts before; if so, how were they resolved; are there any mutual acquaintances with the victim, common interests, etc.).

The materials of the criminal case must necessarily contain characteristics of the person under investigation, and not only household and industrial, but also the characteristics of witnesses. When interviewing witnesses, it is recommended to ask such questions, for example: "Is the deed of the person under investigation unexpected for you?" or "Do his actions correspond to the characteristics of the personality of the person under investigation?".

The answers of witnesses to these questions are of high informative value for an expert psychologist. According to a number of studies and our own data, persons who have committed crimes in a state of physiological affect are characterized by increased inhibition, balance, lack of aggressiveness and pronounced efficiency. The content side of their actions is not consistent with their personal characteristics.

Typical questions put forward by the investigator in the decision on the appointment of a forensic psychological examination of emotional states:

What are the individual psychological characteristics of the person under investigation?

What are the features of interpersonal relations between the victim and the defendant? (socio-psychological characteristics of the dynamics of their interpersonal relationships, their conflict, analysis of ways to resolve conflict situations, etc.).

How could the identified personal characteristics affect the behavior of the person under investigation in the situation under investigation?

In what mental state was the defendant at the time of the tort?

Was the defendant in a state of physiological affect or other emotional state that had a significant impact on his behavior?

The question of a different emotional state is appropriate, since the defendant at the time of the commission of the crime could be in such a mental state that, in its disorganizing effect on behavior, did not reach the depth of the physiological affect, but had a negative impact on the conscious regulation of his behavior. Stress and frustration can be such emotional states that have a disorganizing effect on human behavior in a conflict situation. These emotional states are diagnosed by a psychologist and can be interpreted by a lawyer as states of strong emotional agitation and considered as a mitigating circumstance. In psychology, stress is understood as a state of mental tension that occurs in a person in the process of activity in the most difficult, difficult conditions, both in everyday life and in special extreme conditions. Stress can have both positive and negative effects on human activity, including even its complete disorganization. Objective signs, by which one can judge stress, are its physiological manifestations (increased blood pressure, changes in cardiovascular activity, muscle tension, rapid breathing, etc.) and psychological (anxiety, irritability, anxiety, fatigue, etc.). But the main sign of stress is a change in the functional level of activity, which is manifested in its tension. As a result of such great stress, a person can mobilize his forces, or vice versa, as a result of excessive stress, the functional level decreases, and this can contribute to the disorganization of activity as a whole. Distinguish between physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. For example, we immerse our hands in ice-cold water, and we have stereotyped reactions (we withdraw our hands). Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. If under physiological stress the reactions of the individual are stereotyped, then under psychological stress the reactions are individual and not always predictable. The occurrence of psychological stress in certain life situations may differ not due to the objective characteristics of the situation, but due to the subjective characteristics of the person's perception of it. Therefore, it is impossible to single out universal psychological stresses and universal situations that cause psychological stress equally in all people. For example, even a very weak stimulus under certain conditions can play the role of psychological stress, or even one very strong stimulus cannot cause stress in all people who have been exposed to it without exception. These factors are very important in assessing the emotional state of a person, especially in forensic and investigative practice.

It is also important to distinguish between a physiological affect and such an emotional state as frustration.

Frustration, as already noted, is a mental state of disorganization of consciousness and human activity, caused by objectively insurmountable obstacles. Despite the variety of frustrating situations, they are characterized by two mandatory conditions: the presence of an actual significant need and the presence of obstacles to the implementation of this need. A necessary sign of frustration is the strong motivation of the individual to achieve the goal, to satisfy a significant need, and the presence of an obstacle that prevents the achievement of this goal.

A person's behavior during a period of frustration can be expressed in motor restlessness, in apathy, in aggression and destruction, in regression (referring to behavior patterns more early period life).

It is necessary to distinguish the pseudo-frustration behavior of a person from the true frustration behavior. Frustration behavior is characterized by a violation of motivation and expediency, while pseudo-frustration behavior retains one of the above characteristics.

For example, a person is in a state of rage, trying to achieve some goal. Despite the rage and aggressiveness of such a person, his behavior is expedient.

Two young people approached a stranger with the aim of robbing and asked him to give him a light. The stranger rudely refused the request, and they began to beat him, then took the wallet and ran away. One of them, who dealt the first blow to the victim, claimed that he had insulted him and he was in a blind rage. However, the behavior of this young man cannot be regarded as frustrating, since he had a specific goal - to rob the victim.

Such pseudo-frustration behavior is characterized by a partial loss of control on the part of the person's will, but it is expedient, motivated and retains control on the part of consciousness.

Frustrating behavior is that behavior that is not controlled by either the will or consciousness of a person, it is disorganized and has no meaningful and semantic connection with the motive of the situation. With such behavior, the freedom of awareness and will is limited. In this regard, frustration can be distinguished as a special condition that can be considered by lawyers as a mitigating factor.

Studies of people who have committed crimes in a state of frustration have revealed in them the main personality and behavioral characteristics that predispose them to crime. This is a deep emotional involvement in the situation, a tendency to evaluate one's needs as highly significant, insufficient adequacy of behavior. Increased emotional involvement in the situation is manifested in their emotional response to any, even insignificant stimuli.

Frustration is manifested not only in aggressive forms of behavior. In some cases, there is a "withdrawal" (emotional closure) in order to ease the emotional discomfort. Sometimes regressive forms of behavior are observed.

The tendency to evaluate individual needs as highly significant in a frustrated person is due to both external and internal factors. The internal factor is determined by the intellectual and personal characteristics of the persons under investigation. Studies have shown that such individuals are characterized by inadequate self-esteem, a low level of mental adaptation, egocentrism, rigidity, and poor communication skills. Moreover, if an external factor plays a decisive role in the development of the dynamics of these states under physiological affect and a stressful state, then the state of frustration is associated with an internal factor - with the personality structure of the object. The state of frustration can contribute to the emergence of strong emotional excitement, and it can be considered as an extenuating circumstance.

An effective assessment of these conditions depends on the professional experience of the psychologist, as well as on the volume and quality of information about the personality and behavior of the person under investigation in the situations of delict being studied, presented in the materials of the criminal case.

Specialty HAC RF19.00.06
Number of pages 279

Chapter I. The state of the problem in law, general and legal psychology and initial theoretical positions.

1.1. The significance of the study of emotions, emotional states for legal theory and practice and the features of their interpretation

1.2. The problem of emotional states in psychology

1. 2.1.Isolation of emotional states.

1.2.2. Analysis of explanatory principles and approaches in studying the mechanism of the influence of emotions on consciousness and behavior.

1.3. Allocation of legally significant emotional states 46 1. 3.1. Main characteristics of emotional situations

1. 3. 2. Stressful conditions.

1. 3. 3. Crisis states.

1. 3. 4. Conflict states

1. 3. 5. Frustration states.

1.3.6. States of passion

1.4. Conclusions on Chapter I.

Chapter II. Phenomenology of legally significant emotional states and subjective abilities.

2.1. Influence of emotional states on awareness (understanding) by the subject of the surrounding reality. 77 2.1.1. Modeling the standard of manifestation of the ability to understand the surrounding reality in full. 77 2.1. 2. Modeling the emotional impact on the manifestation of the ability to understand the environment

2.1. 3. empirical verification constructed standard

2.1. 4. Conclusions

2.2. Influence of emotional states on the subject's ability to realize the meaning of his actions

2. 2.1. The ability to realize the meaning of one's actions and reflection.

2. 2. 2. Stages and conditions for the manifestation of reflexive activity

2. 2. 2.1. Levels of self-awareness.■.

2. 2.3. Conclusions.

2.3. Influence of emotional states on the subject's regulation of his behavior.

2.3.1. The principle of reactivity and activity in regulation. . . 137 2.3.2. Features of studying the ability to lead oneself in legal psychology

2. 3. 3. Modeling the ability to lead oneself and the influence of emotions on its components

2. 3. 3.1. Characteristics of the level structure of the ability to manage oneself

2. 3. 4. Conclusions.:

Chapter III. Features of the methodology of forensic psychological examination of emotional states

3.1. Principles of practical diagnostics of emotional states in forensic psychological examination

3.2. Tactics and technology of expert research of legally significant emotional states

3.3. The structure and content of the conclusion of a forensic psychological examination and its assessment

3.4. Findings.

Recommended list of dissertations

Psychological characteristics of the subject of the crime 2006, Doctor of Psychological Sciences Alekseeva, Lyubov Vasilievna
Comprehensive forensic psychological and psychiatric examination of those accused of criminally aggressive actions: Psychological aspect 2001, Doctor of Psychology Safuanov, Farit Sufiyanovich
Forensic psychiatric assessment in accordance with Art. 22 of the Criminal Code of the Russian Federation of the mental state of persons who have committed sexual offenses 2008, candidate of medical sciences Klopina, Tatyana Sergeevna
Short-term affectogenic reactions (forensic psychiatric aspect) 2008, Candidate of Medical Sciences Ulyanenko, Alexandra Petrovna
Criminally relevant psychosexual conditions 2010, doctor of medical sciences Yakovleva, Elena Yurievna

Introduction to the thesis (part of the abstract) on the topic "Forensic psychological examination of emotional states"

The appearance of this work is primarily due to the needs of the practice of criminal justice, which has accumulated facts that require explanation from the side of psychological science. This refers to the difficulties associated with the qualification of criminal acts committed under the influence of the accused’s emotional state caused by the wrongful actions of the victim, which did not manifest itself as an explosive character as a physiological affect, but significantly affected his behavior. The influence of the emotional state on the resistance activity of the victim of violence was also noted, which significantly reduced her ability to analyze the situation and provide active resistance.

Legislatively, taking into account the psychological characteristics of the state of consciousness was enshrined in the signs of a number of crimes under the Criminal Code of the RSFSR of 1960 (Art. 104, 110) or in circumstances mitigating responsibility (p. 5, Art. 38). In the Criminal Code of the Russian Federation (1996), lawyers prescribe to take into account the "state of passion" (Articles 107, 113), "non-compliance of psychophysiological qualities with the requirements of extreme conditions or neuropsychic overload" (Article 28), the occurrence of a "prolonged psycho-traumatic situation" (Art. 107,113), "infliction of mental suffering" (Art. 117), etc.

Thus, it is obvious that the need for law enforcement agencies in special knowledge of psychology, and in particular the psychology of emotional states, is increasing, especially since this issue covers not only criminal, but also civil law (for example, when resolving issues of compensation for moral harm to citizens, etc. .).

An analysis of the literature showed that a number of emotional states are known to modern psychology, for example, stress (V.K. Vilyunas, N.I. Naenko, T.A. Nemchin, L.A. Kitaev-Smyk, O.V. Ovchinnikova, G. Selye and others), affect (N.A. Leontiev, S.L. Rubinshtein and others), crisis (F.E. Vasilyuk, G. Caplan, E. Lindemann and others), jealousy (I. S. Kon, S. L. Rubinstein, E. N. Terentyeva, K. Leonhard and others), fear and anxiety (N. D. Levitov, I. V. Imedadze, P. Tillich, P. Fress, S. D.Spielberger, J.A.Taylor, etc.), frustration (F.E.Vasilyuk, N.D.Levitov, O.Fenichel, K.Lewin, N.K.Maier, etc.), passion (R.Descartes, I.M. Sechenov, B. Spinoza, S. L. Rubinshtein, K. Jung, etc.), which can reduce the intellectual and volitional capabilities of a person to the limit of the norm. We propose to call such emotional experiences legally significant emotional states.

In legal psychology, after a deep study of physiological affect (Kalashnik, 1961; Kochenov, 1977; Pechernikova, Guldan, Ostrishko, 1983; Sitkovskaya, 1983, etc.) and the state of aggression (Enikolopov, 1986; Ratinov, 1979, etc.), researchers turned to the study of the stress state (Kochenov, 1977; 1980; 1989; Kudryavtsev, 1988, etc.), pointed to the possibility of studying long-term, constantly growing emotional experiences (Nor, Kostitsky, 1985) and specifically - frustration, as in psychological (Kochenov, Melnik, Romanov, 1982), and in a comprehensive forensic psychological and psychiatric examination (Kudryavtsev, 1988), anxiety in connection with criminal pathopsychology (Antonyan, Guldan, 1991) and criminal psychology (Antonyan, Enikeev, Eminov, 1996), jealousy as a forensic psychiatric phenomenon (Terentiev, 1990), the mental state of an underage rape victim, emphasizing the importance of mental criteria for a helpless state (Konysheva, 1988; Kochenov, Melnik, Romanov,

1982; Nor, Kostitsky, 1985; Sitkovskaya, 1992).

The study of strong and deep emotional states is primarily relevant for the psychology of a normal person and legal psychology, because allows you to reveal the mechanism and degree of influence of the emotional state on the functioning of consciousness and the manifestation of behavior.

Solving the problem of legally significant emotional states is relevant for both legal practice and theory, because such a study gives grounds to fill legal concepts corresponding to the concept of "emotional state", adequate psychological content.

The compilation of a complete list of emotional states that significantly affect the consciousness and behavior of a person and the study of the degree of their influence are relevant for legal psychology and forensic psychological expertology, which study the manifestation of "narrowed consciousness" and the possibility of its scientific diagnosis. Forensic psychological examinations (FES) conducted in such cases, in their conclusions, diagnosing the absence of physiological affect, established the significance of the influence of the emotional state on the consciousness and / or behavior of the subject.

The study of the practice of conducting forensic psychological examinations (FPE), our own expert experience showed that one indication of the type of experienced state is not enough to prove the significance of its influence, while the very statement of the significance of the influence, often found in the conclusions of experts, is not convincing without referring to the manifestation a person's ability to correctly understand the environment, realize the significance of his actions and manage himself (Kochenov, 1991; Kudryavtsev, 1988; Sitkovskaya, 1992). Our analysis showed that it is important to create standards for the manifestation of these abilities in legally significant situations, characterizing the capabilities of a person as a social subject. If these abilities are manifested in legally significant situations, it is legitimate to call them legally significant subjective abilities, in short: subjective abilities or legally significant abilities.

In legal psychology, a standard for the manifestation of the ability to correctly understand legally significant phenomena was developed (Metelitsa, Shishkov, 1989), signs of the ability to be aware of one's actions and manage oneself were established (Kochenov, 1977, etc.; Sitkovskaya, 1992, etc.). However, more often in the scientific literature and in the texts of examinations there is a mixed list of signs of these abilities under the "cap" of a narrowed consciousness, with varying degrees of completeness reflecting the signs of a narrowed consciousness in comparison with the physiological affect.

Thus, the diagnoses used by legal psychologists such as "not fully capable.", referring to the concept of "incomplete ability" in a scientific study are legitimate, provided that there are standards for the manifestation of 3 subjective abilities.

For the theory and practice of SPE, it is relevant to develop a methodology for conducting a diagnostic study of the significance of the influence of any emotional state on consciousness and technologies for preparing a scientifically based conclusion that can be evidence.

The lack of knowledge of legally significant emotional states, the mechanism and degree of their influence on subjective abilities, as well as the possibility of their objective diagnosis, led to the formulation of the research problem.

So, the object of our study is the psyche (mental activity) of persons in legally significant situations, namely, the accused and the victims.

The subject is legally significant emotional states of the accused and victims and legally significant subjective abilities.

The purpose of the study is the development and construction of content-conceptual foundations:

1) the influence of emotional states on the manifestation of legally significant subjective abilities of participants in a criminal event,

2) expert determination of the emotional state of the accused or victims and the degree of its influence on the consciousness and final forms of behavior of these persons.

Research objectives:

1. Selection among emotions of legally significant emotional states.

2. Disclosure of the mechanism of the influence of emotions and emotional states on the consciousness and behavior of a person.

3. Definition of working concepts, construction of models (standards) for the manifestation of three legally significant subjective abilities: understanding reality, understanding the meaning of one's actions and implementing their regulation.

4. Establishment of criteria for reducing legally significant subjective abilities.

5. Development of tactical, technological and methodological approaches to an expert study of the influence of emotional states on the consciousness and activity of the accused or victims and the preparation of an objective scientific conclusion of the SPE.

Research hypotheses:

1. Physiological affect is not the only one in the multitude of legally significant emotional states.

2. The peculiarity of emotional regulation, in contrast to conscious regulation, is the replacement of rational components by emotion in accordance with the signal, evaluative, energy-providing and other functions of emotions.

3. To determine the significance of the influence of any emotional state on the consciousness and behavior of a person, standards for the manifestation of 3 legally significant subjective abilities are needed: understanding reality, understanding the meaning of one's actions and implementing their regulation.

4. Based on the requirements of a situation that has a social character, it is possible to create theoretical models for the manifestation of 3 legally significant subjective abilities of a person.

5. In connection with the temporary nature of the emotional state, its pronounced subjectivity and complexity, non-reproducibility in expert conditions, etc., for its diagnosis, a special methodology for conducting PSE should be created that guarantees the objectivity and reliability of the results obtained, reflected in the expert's opinion in this way to be correct, convincing and understandable to any participant in the criminal process.

Provisions for defense:

1. The emotional state can and should be the subject of the SPE, since it belongs to the class of mental states.

2. Among the legally significant emotional states, we single out psychological (informational and emotional) stress; affect, acute grief and anxiety (helplessness-hopelessness) as a manifestation of the crisis; the state of jealousy and the state of anxiety as conflict states; different types of states of frustration; as well as passion. b

3. The mechanism of the influence of emotions as a state is due to the possibilities of the functioning of the psyche with the dominance of the mode of experience: the state reduces the subjectivity of the person, "noises" not only the channel of perception, but also slows down mental activity in general, makes it impossible to display full-fledged activity with mental activity, i.e. reflection and will.

4. For the expert determination of the essence of the influence of the emotional state, only the significance of the influence of the experienced state of the subject on the manifestation of his legally significant subjective abilities is significant.

5. Modeled standards for the manifestation of 3 legally significant subjective abilities and the mechanism of emotional regulation.

6. The SPE of the emotional state is a retrospective construction of a model of the functioning of consciousness and the manifestation of the behavior of a particular subject in a legally significant situation under study, which makes it possible to compare the manifestation of his subjective abilities with their standards.

7. To be objective, reliable and convincing, the SPE of the emotional state must take into account not only the discrepancy between the requirements of the situation and the psycho-physiological capabilities of the subject, but also compare the emotional response possible for this person with the retrospectively reconstructed one, and their coincidence is proof of its actual presence.

Scientific novelty and theoretical significance work

For jurisprudence, it consists in removing the contradictions of the psychological interpretation of important legal concepts corresponding to the psychological concept of "emotional state; grounds are given for filling them with adequate psychological content;

For general psychology, it is expressed in the original description and explanation of the mechanism of the influence of emotions and emotional states on consciousness and human activity;

For legal psychology, it consists in the first attempt to lay down the systemic foundations for understanding legally significant emotional states and legally significant subjective abilities;

For forensic psychological expertology, for the first time, the conceptual foundations of the expert determination of various emotional states of the accused and victims were developed by correlating the functioning of their consciousness and activity in the situation under study with the standards for the manifestation of legally significant subjective abilities.

So, exploring the problem of legally significant emotional states, we introduced a working definition and proposed a possible list of them, described the mechanism of functioning of an emotionally charged consciousness, gave working definitions to 3 subjective abilities and modeled their standards, developed specific approaches to expert diagnostics of an emotional state and to drawing up the conclusion of the SPE.

The methodological principles of the approach to the problem are the logical-scientific principles of determinism, development, consistency, and the connection between theory and practice. This allows the psychic phenomenon to be studied as a causal fact in a single holistic psyche, investigating its functioning and development.

A necessary manifestation of a systematic approach is the connection of specific psychological principles with the principles of criminal law and process, as well as expertology, which determine the objectivity, scientific character and admissibility of applying knowledge and methods that make up special knowledge in psychology: the principles of objectivity, completeness, verifiability of evidence, obtaining evidence in accordance with the requirements of establishing the truth in the case on the grounds and in the manner determined by the Code of Criminal Procedure.

A specific scientific approach to solving a problem is an activity and personal approach. The essence of the activity approach developed in psychology by L.S. Vygotsky, A.V. Zaporozhets, A.N. Leontiev, S.L. Rubinstein, their students and followers, is that consciousness is a product of human activity as a social being, it is associated with the concrete existence of a person and social consciousness. Consciousness develops and manifests itself in activity and is itself a special kind of internal activity, identical to external in structure.

The data accumulated in Soviet psychology allow us to consider that not only cognitive processes can be considered as special forms of perceptual, mnemonic, mental actions, but also to consider the construction of one's own motivation (the work of the will) and emotional experiences as specific actions, or as a special form of activity, i.e. e. specific activity aimed at one's own activity (Asmolov, Petrovsky, 1978; Vasilyuk, 1984, 1988; Zaporozhets, 1971; Ivannikov, 1985, 1991, etc.).

The principle of a personal approach is an important methodological principle of legal psychology, which "always has a personality as an object of study, since the system of legal norms is addressed to it. This allows you to build a personality structure and highlight such elements of it that are significant in criminogenic situations, in various aspects of law enforcement activity." (Vasiliev, 1991, p. 31 and others). As a methodological, personal principle in psychology, it was formulated by S.L. Rubinshtein and aimed at asserting the integrity of the human psyche, despite the existence of its individual functions, considering a real, concrete individual in a real, concrete being, his connection through his activity with social reality. S.L. Rubinshtein (1957, 1959) reveals the psychic not as an activity adaptive to social reality, but as an active, individualized and creative one, which implies a change by the personality of this reality and its own changeability.

Subjectively for a person, a person acts as his "I" in the form of a system of ideas about himself, attitudes towards himself and experiences, the need to be a person, the realization and exchange of personal meanings in socially significant activities.

It should be emphasized that the analysis of the emotional state through subjective abilities is the methodological principle of our study, which combined the emotional states of criminals and victims in the consideration. The basis for combining the consideration of the emotional states of different participants in a criminal event was not the psychological content of the experience, but the significance of its influence on consciousness and / or behavior. This principle also ensures the constructiveness of considering the development of a criminal situation and studying the emotional state of persons, regardless of their change of position (for example, from a victim to a criminal).

The specific methods of our research were, firstly, the method of literary-critical analysis in working with theoretical sources and empirical material: the texts of the conclusions of the SPE and the materials of criminal cases. Secondly, the method of theoretical modeling in constructing standards of legally significant subjective abilities and studying the mechanisms of the influence of emotional states on abilities, as well as in constructing a probable type of personality experience, taking into account its individual characteristics and the requirements of the situation under study when performing the SPE. Thirdly, the method of reconstructive modeling in the retrospective construction of a model of the emotional state of a particular subject in the situation under study, because when conducting SPE of different emotional states, it is impossible to reproduce the state experienced by a person.

We also use the experimental method in our work. The manifestation of this method of research in the empirical part of the work during the conduct of the SPE was the use of specific methods, tests in combination with non-experimental methods: observation, conversation, the study of criminal case materials, the biographical (autobiographical) method, analysis of activity products, etc.

The analysis of the empirical material and the independent creation of an empirical research base by analyzing the materials of criminal cases and independently conducting PSE for more than 15 years made it possible to work in the unity of theory and practice.

On this issue, we have conducted more than 50 POCs, analyzed about 40 POC conclusions of various authors, in particular, experts from the Department of Psychological Problems of Law Enforcement Activities of the Research Institute for Problems of Strengthening Law and Order under the Prosecutor General's Office of the Russian Federation: L.P. Konysheva, M.M. Kochenova, O.D. Sitkovskaya and others. As well as the conclusions of psychologists of the psychological laboratory of the State Scientific Center for Social and Forensic Psychiatry named after V.P. Serbian: A.N. Lavrinovich, M.B. Simonenkova, F.S. Safuanov and others.

Approbation of the results of the study was carried out in the process of conducting 53 forensic psychological examinations by the author. Among the experts were the accused - 18 people, persons driven to suicide - 2 people, victims of rape - 33 people. The validity of the approach is confirmed by court decisions.

Theoretical and applied developments formed the basis of the textbook "The Problem of Legally Significant Emotional States", and were also used in the courses "Legal Psychology", "Psychology of Emotions", "Motivation and Emotions" taught at Tyumen State University.

The practical significance of the study lies in the possibility of using the results obtained in it by psychologists in the practice of conducting EITs, in developing recommendations for legal practitioners on the appointment and evaluation of EITs of emotional states, in the practice of university education and advanced training of lawyers and psychologists.

Similar theses in the specialty "Legal Psychology", 19.00.06 VAK code

Features of self-regulation of persons recognized as limitedly sane 2006, candidate of psychological sciences Lapshina, Elena Nikolaevna
Peculiarities of Evaluation of Emotional Conditions of Juvenile Defendants during Comprehensive Forensic Psychological and Psychiatric Examinations 2005, candidate of psychological sciences Yablokova, Larisa Nikolaevna
Clinic and forensic psychiatric significance of psychogenic disorders in children and adolescents - victims of sexual violence 2003, candidate of medical sciences Badmaeva, Valentina Dordzhievna
Forensic psychological examination of the driver's mental state in cases of traffic accidents 1998, candidate of psychological sciences Shipshin, Sergey Sergeevich
Strategies for coping with stress in persons who have committed aggressive crimes in a prolonged psychotraumatic situation 2010, candidate of psychological sciences Ivanov, Pavel Alexandrovich

Dissertation conclusion on the topic "Legal psychology", Alekseeva, Lyubov Vasilievna

3.4 Conclusions

1. The PSE must comply with the principles of macro-system (requirements for expert research) and micro-system (requirements for psycho-diagnostic research).

Based on the principles of obtaining inferential knowledge, retrospective reconstruction of the state of consciousness and behavior, comparison with the standards of manifestation of subjective abilities, it is possible to objectively diagnose the emotional state and evaluate it as legally significant.

2. Modeling occupies an important place in the methodology of the SPE of the emotional state. Based on the study of the individual psychological characteristics of the subject and the requirements presented to him by the situation under study, the expert builds a theoretical model of the possible behavior and emotional response of the subject. Based on the selected, analyzed and evaluated facts of the materials of the criminal case and the conversation with the sub-expert, a retrospective model of the emotional state of the sub-expert is built.

3. Comparison of the theoretical model of the subject's emotional state with the retrospective model makes the study of the subject's emotional state true and reliable.

4. In general, the ESP of the emotional state includes 7 components, these are

1) assessment of the situation;

2) assessment of the individual psychological characteristics of the subject;

3) evaluation of unfavorable psychophysiological factors;

4) building a theoretical model of the subject's emotional state, taking into account the requirements of the situation and psychophysiological capabilities of the subject;

5) retrospective reconstruction of the emotional state and its identification;

6) comparison of theoretical and reconstructed models of emotional states;

7) assessment of the significance of the influence of the emotional state on the consciousness and behavior of the subject by correlating his mental products with the standards of legally significant abilities.

5. Both the study of the individual psychological characteristics of the subject, and the reconstruction of the state of his consciousness, the characteristics of behavior are aimed at establishing the ability of the subject to resolve a situation that is social in nature, to cope with it. Thus, the proof of the occurrence of an emotional state is duplicated by the proof of "necessity, but impossibility" and the identification of an emotional state as legally significant.

6. The form of the conclusion of the EIT of the emotional state is mainly due to the criminal procedural requirements for the acts of examinations, the admissibility of the facts and methods used to prove them. Evaluation of the research part of the conclusion is facilitated if the form of presentation is structured and reflects:

1) the general focus of the SPE, its components, allowing

216 give an answer to the questions posed; 2) a brief justification of the methods and their focus; 3) a description of the completeness of the established interrelated facts, including an analysis of the circumstances of the case, individual psychological (psychophysiological) characteristics of the expert and his condition; 4) conclusions.

7. The conclusion of the POC on the content should include the highlighted, established and evaluated facts and their relationship. The content of the conclusion is evaluated for completeness, truth, reliability and persuasiveness. Special attention should be given to the presentation of evaluative conclusions as a manifestation of special knowledge that makes it difficult for non-specialists to understand and evaluate. Conclusion as proof is much better when presented as Scientific research, in which, as the study deepens, the probable value turns into true and ends with reasoned conclusions.

CONCLUSION

The most important results of the work done are related to the theory of the psychology of emotions, the theory and methodology for conducting SPEs of emotional states. An analysis of the literature showed that emotional states are a special kind of emotions and are characterized not only by static, integrity and perceptibility, but also by the suffering and passivity of the position of a person who is in the power of experience. Despite the fact that in psychology the mechanism of influence (and power) of emotions on the consciousness and behavior of the subject has not been sufficiently studied, the analysis of emotions and subjective abilities gave reason to understand it as follows.

Considering the signal function of emotions, which developed in the process of phylogenesis as an adaptive property, one should note its fundamental difference from the first and second signal systems: directly-captured sensations and the signal of signals-language. An emotional signal is a feeling plus a mark of significance (score). The manifestation of evaluation, in turn, speaks of primary comparison (ie control) and secondary ranking, where there are criteria, and where the sign, strength and depth of emotion can act as a criterion of significance. Any emotion is a felt state that one wants to achieve, prolong, avoid, or get rid of. Noting the significance of what is happening, emotion not only provides a connection between the organism and the environment, but also directly connects the processes of reflection and regulation, because. a signal is also an incentive to action and its energy supply.

If by a mental mechanism we mean "the structure of a determinant

218 mental actions connected in a divided way, the implementation of which leads to a specific result" (Nalchadzhyan, 1988. p. 109), here is how we present the participation of emotions in various functional links of self-government:

Experience of a need state;

Emotional signal and assessment of their capabilities, values, payments;

Emotional bias in understanding reality up to the replacement of its rational model with a state of experience;

Rejection of the goal, or irrational acceptance of one of the parameters of the dual goal (relieve tension, get rid of functional discomfort);

In the form of subjective criteria for the success of achieving the goal;

In the subconscious decision-making about the energy and dynamics of the action, about the time of its beginning and initiation;

In competition, reflections of the emotional state with a reflection of current and achieved results;

The inefficiency of control, since it is a reflexive formation, the possibilities of which are reduced, and also because the standard and the result are not rational enough and the comparison takes place at the level of the operation, or even emotional states are compared both as a goal (standard) and as a result;

The absence of a decision on correction, since the control did not fix the discrepancy between the result and the goal, or this discrepancy is not updated as significant, or the subject does not have the opportunity to transfer regulation to the category of volitional.

The mechanism of influence of emotion as a state is due to the possibilities of the functioning of the psyche with the dominance of the mode of change.

219 living: the state reduces the subjectivity of the person, "noises" not only the channel of perception, but also slows down mental activity in general, makes it impossible to display full-fledged activity with mental activity, i.e. reflection and will, reducing the manifestation of personality to regressive methods.

Our analysis indicates the influence of a stressful state, acute grief, affect, jealousy, anxiety, frustration, passion, to a greater extent globally and generally as emotional states that reduce the activity of the subject in regulation, replace the functional links of regulation or reduce their functioning. Emotions are manifested in the energy-providing function, signal and evaluation functions.

We note the peculiarity and influence of different states in the greater vulnerability of certain links of self-government. In a stressful state, it is difficult to make a decision about the goal, methods, control and correction are reduced, since neither the requirements of the environment, nor one's own capabilities, nor their ratio are defined. Reflexive possibilities are reduced both in terms of reaching a reflexive position and in terms of correcting functional links. In crisis experiences (physiological affect, acute grief) - there is an emotional surge of energy, or its outflow, hence the assessment of the situation as insoluble. The weak link is decision-making - in the physiological affect it occurs unexpectedly for the subject himself. There is a specificity in conflict experiences. In jealousy, the weak link is the assessment of the result and correction, hence rigidity. With anxiety - the difficulty of making a decision to act, or change the action (correction), a decrease in volitional capabilities (decisiveness, courage, perseverance). In condition

220 frustration reduced control and correction. Passion enhances the energy of activity and emphasizes its direction. These characteristics give reason to classify these emotional states as legally significant.

A legally significant emotional state is an emotional state characterized not only by integrity and originality depending on the type, but also by its influence on the subject, the suffering of the experiencing person, expressed by a decrease in the level of reflection and regulation and the specifics of their relationship: a break (or weakening) of the unity of cognitive and regulating the functions of the psyche, a violation of the unity of consciousness and activity and / or the integrity of activity, manifested in their extreme versions. Either the passive contemplation of the experiencing person, or his excessive disordered activity. So psychologically - meaningfully filled with legal concepts "strong emotional excitement" (clause 5 of article 38 of the RSFSR Criminal Code) or "suddenly strong emotional excitement" (articles 104, 110 of the RSFSR Criminal Code), and according to the Criminal Code of the Russian Federation of 1996, a number strong and deep states (Art. Art. 28, p. p. d "h" Art. 61, Art. Art. 107, 110, 111, IZ, 117, 130, 131, 132).

Since the stressful, crisis, conflict, frustration, passionate states we have identified can have different degrees of severity (depth, strength, duration), because in the nature of their occurrence and manifestation there are not only distinctive, but also identical signs, and also because these states in a developing emotional situation can pass one into another, overlap, complement each other - their clear identification can be difficult, and most importantly - lack

221 is accurate for their subsequent qualification as legally significant.

The only correct approach in their expert diagnosis is to study the influence of the emotional state of the accused or the victim on their legally significant subjective abilities. The analysis of the emotional state through abilities has become one of the methodological principles of our study. These abilities include the ability to correctly understand the surrounding social reality, the level corresponding to the resolution of a critical situation, the ability to realize oneself and the meaning of one's actions, the ability to regulate one's actions (behavior). The study formulated working definitions of these abilities, modeled the standards for the full manifestation of each ability, proved the possible influence of emotions on the components, functional links and levels of abilities.

All abilities that are fully manifested have a 4-level structure. The absence of even one - the 4th level of this system is psychologically essential for the manifestation of the subject in socially normalized activity. And since the next level is based on the previous one, the degree of incompleteness of the manifestation of the ability increases with a decrease in the level. In addition to the "quantitative" assessment of the manifestation of each ability by level, the "quality" of the manifestation of each level is investigated, and the ability to regulate one's actions is analyzed in a system of content-semantic, structural, dynamic and energy aspects.

Approbation of the standards took place during 53 forensic psychological examinations. Expert practice has confirmed the correctness of the theoretical models constructed by us for the manifestation of the subjective abilities of both the accused and victims of rape, persons driven to suicide. The validity of the approach is confirmed by court decisions.

Based on the principles of obtaining inferential knowledge, retrospective reconstruction of the state of consciousness and manifestation of behavior, comparison with the standards of manifestation of subjective abilities, the SPE of the emotional state as an objective study becomes possible.

A forensic psychological expert study, in order to be positively assessed in terms of completeness, truth, reliability and credibility of the established facts, must include the following 7 components reflected in the conclusion:

1. Analysis of the situation.

2. Analysis of the individual psychological characteristics of the subject.

3. Evaluation of subjectively "unfavorable factors.

4. Construction of a theoretical model of the possible emotional state of the subject by correlating the requirements imposed by the situation to the psychophysiological characteristics of the subject.

5. Retrospective reconstruction of the subject's emotional state and its identification.

6. Comparison of theoretical and reconstructed models of emotional states.

7.Evaluation of the significance of the influence of the emotional state of the subject by correlating his mental production with the standards of legally significant subjective abilities.

Both the study of the individual psychological characteristics of the subject, and the reconstruction of the state of his consciousness, the characteristics of behavior are aimed at establishing his ability to resolve the situation, to cope with it. Thus, the proof of the occurrence of an emotional state is duplicated by the proof of "necessity, but impossibility" and the identification of an emotional state as legally significant.

The form of the conclusion of the EIT of the emotional state is mainly due to the criminal procedural requirements for the acts of expertise, the admissibility of the facts and methods used to prove the facts. Evaluation of the research part of the conclusion is facilitated if the form of presentation is structured and reflects:

1) the general focus of the PSE, its components, allowing to answer the questions posed; 2) a brief justification of the methods and their focus; 3) a description of the completeness of the established interrelated facts, including an analysis of the circumstances of the case, individual psychological (psychophysiological) characteristics of the expert and his condition; 4) conclusions.

Since the main difficulty in verifying and evaluating the conclusion is the expert’s evaluative conclusions, which are a manifestation of his special psychological knowledge, it is proposed to structure the form of the conclusion of the SPE and reflect in the content not only the results obtained, but also the research process, in which, as the study deepens, the probable value turns into accurate and true, and ends with reasoned conclusions. The conducted research of theoretical and methodological foundations the implementation of the SPE of legally significant emotional states makes it possible to establish the truth in the case, avoid mistakes and prevent forgeries.

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This type of examination is appointed by employees of the investigative or judicial authorities in cases where the question arises of the possibility of qualifying the actions of the accused (defendant) as committed in a state of strong mental agitation (physiological affect). This state is provided by the legislator as a mitigating circumstance in cases of murder and grievous bodily harm (see Articles 107,113 of the Criminal Code of the Russian Federation).

Violent crimes against the person, especially murder and bodily harm, are often the final phase of the conflict that took place between the perpetrator and the victim. The development of a conflict situation between people is usually accompanied by an increase in the level of emotional tension of the participants in the conflict. At the same time, it is not uncommon for one or more participants in the conflict to provoke the further development of the conflict situation by their actions, and this circumstance, refracted through the individual characteristics of the individual, contributes to the emergence of a state of strong emotional excitement at the stage preceding the commission of a violent crime. Such situations, as mentioned above, are taken into account by the legislator, and in order to resolve the issue of the appropriate qualification of such a crime, law enforcement officials must obtain the opinion of an expert psychologist. Thus, criminal law takes into account the peculiarities of the states and conditions in which the person who committed the crime is located, and these circumstances significantly limit the extent of his awareness, freedom of expression and are regarded as mitigating circumstances.

A high degree of emotional experiences specifically affects the nature of cognitive processes and the structure of the subject's consciousness. This influence leads to the phenomenon of narrowing of consciousness, which, in turn, makes the activity of the subject one-sided, inflexible. Psychology knows a number of emotional states characterized by high emotional stress. These include the state of physiological affect (strong emotional excitement), stress (mental tension) and frustration. Below we will consider the features of these states in turn.

The state of affect is characterized by brevity and "explosive" nature, which is usually accompanied by pronounced vegetative (for example, changes in complexion, eye expression, etc.) and motor manifestations.

The state of affect is formed in the subject very quickly and within a fraction of a second can reach its climax, it arises suddenly not only for others, but also for the subject himself. Usually the affect proceeds within a few tens of seconds. As already mentioned, it is characterized by high tension and intensity of the realization of the physical and psychological resources of a person. This explains why, in a state of passion, physically weak people knock down an oak door with a blow, inflict a large number of fatal bodily injuries, i.e., perform those actions that they were not capable of in a calm environment.

The state of passion has a disorganizing effect on higher mental functions. As mentioned above, there is a narrowing of consciousness, which sharply reduces control over behavior in general.

One of the consequences of an affective state is a partial loss of memory (amnesia) in relation to events that immediately preceded the affect and occurred during the affect.

There are several mechanisms for the occurrence of affects. In the first case, the onset of an affect is preceded by a rather long period of accumulation of negative emotional experiences (a series of insults and humiliation of the stepson by the stepfather; persecution of a young soldier in the conditions of hazing, etc.). In this case, a long-term state of emotional internal tension is characteristic, and sometimes a slight negative additional impact (another insult) can be a “trigger” for the development and realization of an affective state.

Exposure to affect is facilitated by previous adverse conditions affecting the accused - a painful condition, insomnia, chronic fatigue, overstrain, etc.

The moment of affective discharge comes unexpectedly, suddenly for oneself. accused, beyond his volitional control. There is a partial narrowing of consciousness - the field of perception is limited, attention is concentrated entirely on the subject of violence. Behavior acquires the features of inflexibility, becomes simplified, complex motor skills that require control of consciousness are lost, actions are stereotyped, motor automatisms dominate - in the forensic picture of a crime, there may be a plurality of blows and wounds, their uniformity, crowding and obvious redundancy. At the same time, arbitrariness, conscious control of actions decreases, but their energy increases, movements acquire sharpness, swiftness, continuity, and greater strength.

The duration of such a state can vary from a few seconds to several minutes, after which there is a sharp and rapid decline in emotional arousal, a state of devastation, extreme fatigue increases, there is a gradual awareness of what has been done, often accompanied by a feeling of repentance, confusion, pity for the victim. Often, the accused themselves try to help the victim, report the incident to the police, less often they run away from the scene without trying to hide the traces of the crime. In the future, forgetting of individual episodes of the crime is often found,

Physiological affect must be distinguished from pathological. Unlike physiological, pathological affect is considered as an acute short-term mental disorder that occurs suddenly and is characterized by the following features:

Deep clouding of consciousness;

Stormy motor excitement;

Complete (or almost complete) amnesia.

Actions in a state of pathological affect are distinguished by great destructive power, and in the post-affective stage, deep sleep is observed. Pathological affect is a morbid state of the psyche, and therefore its expert assessment should be carried out by a psychiatrist.

In some cases, if the accused shows signs of mental retardation, psychopathic traits, if there is evidence of traumatic brain injuries, neurological disorders and other abnormalities not related to mental illness, it is effective to conduct a comprehensive psychological and psychiatric examination, the resolution of which raises questions related to the competencies of both types of examinations.

Difficult is the question of the diagnosis of physiological affect in a state of intoxication. Information about the use of alcohol by the accused before the commission of the crime does not relieve the experts of the need to carefully examine its individual psychological characteristics, analyze the development of the tort situation, other circumstances of the case, in order to decide in each specific case the question of the presence or absence of affect. Therefore, it is lawful to appoint an SPE on the subject of affect in relation to the accused who was in a state of alcoholic intoxication, especially in the case of a mild degree of intoxication.

1. What did the defendant look like at the time of the tort:

a) What was the color of his face?

b) what did his eyes look like (shifting pupils, constricted or dilated)?

c) was there a tremor of the hands or other parts of the body? :

d) what were the features of the intonation of his voice?

2. What did the defendant look like? What were the characteristics of his behavior after the incident:

a) crying?

b) sat still?

c) tried to help the victim?

d) answered the questions adequately?

e) what was the pace of his speech (fast, slow, normal)?

f) What was the content of his statements? and etc.

3. What were the characteristics of the relationship between the subject and the victim?

4. What are the characteristics of the personality and behavior of the person under investigation?

5. What are the characteristics of the victim?

In the process of interrogating a person under investigation, especially at the first stages of investigative actions, the investigator needs to find out from him the following points:

Somatic condition on the eve of the delict (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);

Features of interpersonal relations between the person under investigation and the victim (the presence of conflicts, their specifics and ways to resolve them);

Features of the personality of the victim (features of temperament, character, features of relationships in the family, etc.);

Features and dynamics of the relationship with the victim (what was the source of the conflict, were there any conflicts before; if so, how were they resolved; are there any mutual acquaintances with the victim, common interests, etc.).

The materials of the criminal case must necessarily contain characteristics of the person under investigation, and not only household and industrial, but also the characteristics of witnesses. When interviewing witnesses, it is recommended to ask such questions, for example: “Is the deed of the person under investigation unexpected for you?” or: “Do his actions correspond to the characteristics of the personality of the person under investigation?”

The answers of witnesses to these questions are of high informative value for an expert psychologist. According to a number of studies and our own data, persons who have committed crimes in a state of physiological affect are characterized by increased inhibition, balance, lack of aggressiveness and pronounced affectivity. The content side of their actions is not consistent with their personal characteristics.

In the decision on the appointment of a forensic psychological examination of emotional states, the investigator raises the following questions:

What are the individual psychological characteristics of the person under investigation?

What are the features of interpersonal relations between the victim and the person under investigation (social and psychological characteristics of the dynamics of their interpersonal relationships, their conflict, analysis of ways to resolve conflict situations, etc.)?

How could the identified personal characteristics affect the behavior of the person under investigation in the situation under investigation?

In what mental state was the defendant at the time of the tort?

Was the defendant in a state of physiological affect or other emotional state that had a significant impact on his behavior?

In psychology, stress is understood as a state of mental tension that occurs in a person in the process of activity in the most difficult, difficult conditions, both in everyday life and in special extreme conditions. Stress can have both positive and negative effects on human activity, including even its complete disorganization. Objective signs that can be used to judge stress are its physiological manifestations (increased blood pressure, changes in cardiovascular activity, muscle tension, rapid breathing, etc.) and psychological (anxiety, irritability, anxiety, fatigue, etc.) . But the main sign of stress is a change in the functional level of activity, which is manifested in its tension. As a result of such great stress, a person can mobilize his forces or, conversely, as a result of excessive stress, the functional level decreases, and this can contribute to the disorganization of activity in general. Distinguish between physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. For example, we immerse our hands in ice-cold water, and we have stereotyped reactions (we withdraw our hands). Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. If under physiological stress the reactions of the individual are stereotyped, then under psychological stress the reactions are individual and not always predictable.

It is also important to distinguish between a physiological affect and such an emotional state as frustration.

Frustrated behavior is that behavior that is not controlled by either the will or the consciousness of a person, it is disorganized and has no meaningful and semantic connection with the motive of the situation. With such behavior, the freedom of awareness and will is limited. In this regard, frustration can be identified as a special condition that lawyers can consider as a mitigating factor.

Frustration is manifested not only in aggressive forms of behavior. In some cases, there is a "withdrawal" (emotional closure) in order to reduce emotional discomfort. Sometimes there are regressive forms of behavior.

The specifics of behavioral reactions are significantly influenced by personal characteristics, especially the degree of emotional stability. Emotional instability is a significant factor predisposing to frustration, it manifests itself in the subject in increased sensitivity in excitability, emotional irritability, lack of self-control and anxious self-esteem. The tendency to evaluate individual needs as highly significant in a frustrated person is due to both external and internal factors. The internal factor is determined by the intellectual and personal characteristics of the persons under investigation. Studies have shown that such individuals are characterized by inadequate self-esteem, a low level of mental adaptation, egocentrism, rigidity, and poor communication skills. Moreover, if an external factor plays a decisive role in the development of the dynamics of these states under physiological affect and a stressful state, then the state of frustration is associated with an internal factor - with the personality structure of the object. The state of frustration can contribute to the emergence of strong emotional excitement, and it can be

viewed as an extenuating circumstance.

This type of expertise is one of the most developed, but also the most controversial among lawyers and psychologists. There are different opinions about the exact content of a particular subject of expertise, about the relationship between legal and psychological terminology.

So, on the website stdexp.ru of the Center for Independent Expertise in Moscow, which provides professional services for the organization and production of expertise and research (both in court and in pre-trial order), the forensic psychological examination of emotional states is not singled out as a separate type of examination, but is included into such varieties of expertise as psycho-psychiatric and psycho-autotechnical.

The very name of the type of examination has not been completely settled: in the legal literature, the term “examination of affect” (or psychological affect, physiological affect, simple affect) is more often found. In the psychological sense, all these definitions of affect are synonymous and are used in order to distinguish between the establishment of affect and pathological affect.

The main task of the forensic psychological examination of emotional states:

- identification of a certain mental (emotional) state and its impact on a person's ability to realize their actions and consciously manage them.

The concept of “examination of affect” came from the criminal process (when considering criminal cases, evidentiary value is to identify whether the person at the time of the offense was in a state of “suddenly strong mental agitation (affect)” - Article 113 of the Criminal Code of the Russian Federation). However, in addition to affect, other emotional states (stress, frustration, states of mental tension, etc.) can also affect the ability to recognize the content of actions and consciously manage them. When considering civil cases, it is not so much the qualification of the emotional state (whether there was an affect) that is important, but the degree of influence of one or another emotional state on the awareness of the content of actions and the expression of will.

Therefore, it seems more accurate to call this type of examination (as psychologists have recently suggested) examination of emotional states, not affect.

The characteristic of the expert study under consideration and its particular subject, which was originally formed as a definition of affect, involves clarifying the content of a number of terms.

Affect

Affect(in psychology) - temporary emotional states characterized by the speed, strength and short duration of occurrence and course, in which there is a narrowing of the field, slowing down of intellectual processes, violations of volitional control over actions. Affect as a special emotional state is the result of the interaction of two components: the psychological characteristics of the individual and the situation.

The consequence of affect is often short-term amnesia (memory loss). The state of affect can occur in any, in principle, mentally healthy person in special, so-called affectogenic situations that are “superimposed” on some psychological characteristics of the individual. Affectogenic is the situation in which a person experiences an urgent need for action (subjectively knows and feels that he must do something), but does not find methods of action adequate to the situation (if the method of action is chosen and implemented, then the affect does not occur).

The main predispositions form the basic personality traits that are constant and are not the direct cause of affect themselves (these include a weak type of the central nervous system, increased excitability, intolerance to stimuli, inertia of nervous processes, high self-esteem and a number of others). Age also plays a role: children and the elderly are more susceptible to affect.

Actual predispositions immediately precede affect and are temporary functional psychophysiological states caused by various reasons (postintoxication, overwork, emotional shock, insomnia, susceptibility to a hair dryer, etc.).

The interaction of basic and actual predispositions with an affective situation gives rise to an affect. The affect does not always occur at the first exposure to the stimulus - it may be the result of repetitive affectogenic situations, and the immediately preceding affect may be weaker in strength than the previous ones (the effect of the “last drop”).

Special psychological tasks that an expert psychologist solves:

1. identification of the main and actual predispositions to affect;
2. identification of the type of influence of an external stimulus;
3. revealing the role environment as a factor of behavior (diagnosis of affect);
4. analysis of the action of the subject during the affect and after it, as well as the analysis of the attitude of the actor himself to his actions.

The solution of these problems allows the expert to then conclude whether (and if so, how) the state of affect affected the person's ability in a particular situation to be aware of the actual content of his actions and the person's ability to fully consciously manage them.

Unlike affect, the diagnosis and determination of the consequences of a pathological affect are the subject of the competence of a psychiatrist within the framework of a psychiatric examination.

Pathological affect

It is a painful emotional state, characterized as an acute short-term mental disorder, which is based on psychopathological personality changes (for example, manic-depressive syndrome, various obsessions).

The features of this effect are:

- deep clouding of consciousness (twilight state),
- violent motor excitation accompanied by automatic actions (the so-called visceral excitation),
- complete amnesia of committed actions.

Anomalous affect

Recently, in psychology, an opinion has been expressed (I. A. Kudryavtsev) that the two-term division of affect is simplified, it is necessary to single out a third type of affect - anomalous affect. The definition of abnormal affect includes the diagnosis of such affective reactions, which are characterized by some pathologically altered patterns of development and anomalies in the mechanism of the flow of affect caused by certain external stimuli (alcohol, drugs, intoxication). The introduction of the concept of anomalous affect does not affect the scope of the pathological affect, but narrows the scope of the psychological affect. Its diagnosis is included in the scope of a comprehensive psychological and psychiatric examination.

Determining the state of passion in the criminal process allows you to correctly resolve the issue of sanity and its criteria, the delimitation of the elements of crimes. , in most cases, lawyers recognized the significance of only a pathological affect, the establishment of which calls for a psychiatric, but not a psychological examination. And only recently, in resolving these issues, the possibilities of psychological examination are beginning to be recognized (V. V. Melnik, V. V. Yarovenko).

Examination of emotional states

At the same time, not only from a psychological, but also from a procedural point of view, it is more correct to speak not about the examination of affect, but about the examination of emotional states (which are not limited to affect). In psychology, a number of psychological concepts are used - such as stress, frustration, conflict, crisis, emotional tension, and finally, affect. However, the exact boundaries of each concept, their scope, relationship with each other is still not clearly defined. For example, a state of stress can also affect a person's ability to fully consciously and freely direct their actions. It is distinguished from affect by a lower degree of intensity, explosiveness; as an emotional state, stress is much more common (it can occur with an unexpected stimulus, lack of time to make a decision, with interference at work). The consequence of stress is the loss of flexibility of behavior, violation of the decision-making process, the choice of the goal of the action, the sequence of actions. Often, during the examination of affect, it is revealed that the subject at the time of committing legally significant actions was not in a state of passion, but in a different emotional state (stress, frustration, etc.). According to the exact meaning of the expert task (detection of affect), the expert in this case has the right to confine himself to a negative answer to the question about the presence of a state of affect and not to establish a different state and the degree of its influence on the behavior of the subject. It is clear that in this situation, in essence, it is precisely the examination of emotional states that will be carried out: such a name more accurately reflects the particular subject of the study.

Issues of examination of emotional states

Within the framework of a forensic psychological examination of emotional states, the following groups of questions can be posed to the expert for permission:

1. whether the subject (a specific person referred for examination is indicated) at the time of the action (the action itself and the time it was performed) was in a state of passion and, if so, whether and how it affected the person’s ability to fully understand the actual content of the actions performed and on the person's ability to fully consciously manage them;
2. whether the subject was in an emotional state other than affect (which one) and how it affected the person's ability to fully account for their actions and fully consciously manage them.

Reasons for the appointment of a psychological examination of emotional states

The reasons for the appointment of a psychological examination of emotional states may be:

1. information about the presence of an affective, stressful situation in which the subject acted;
2. information about other psychological features of the action situation, as well as data on the psychological characteristics of the individual (imbalance, increased excitability, vulnerability, aggressiveness);
3. data on the specific emotional or other psychophysical state of the person at the time of the action (physical weakness, somatic illness, depression due to mental trauma, etc.).

Forensic examination of emotional states. Forensic psychological examination of the emotional states of those accused of affective crimes

3. Psychological examination of emotional states

3.1. The heat of passion

3.1.2. Mechanisms of affect

3.1.3. Suggested Questions for Obtaining Information from Witnesses or Victims

3.1.4. Typical questions put forward by the investigator in the decision on the appointment of the SPE of emotional states:

3.2. Stress

3.3. frustration

4. Post-mortem forensic psychological examination

5. Methods of forensic psychological examination

Recommended list of dissertations

Psychological characteristics of the subject of the crime 2006, Doctor of Psychological Sciences Alekseeva, Lyubov Vasilievna

Comprehensive forensic psychological and psychiatric examination of those accused of criminally aggressive actions: Psychological aspect 2001, Doctor of Psychology Safuanov, Farit Sufiyanovich

Forensic psychiatric assessment in accordance with Art. 22 of the Criminal Code of the Russian Federation of the mental state of persons who have committed sexual offenses 2008, candidate of medical sciences Klopina, Tatyana Sergeevna

Short-term affectogenic reactions (forensic psychiatric aspect) 2008, Candidate of Medical Sciences Ulyanenko, Alexandra Petrovna

Criminally relevant psychosexual conditions 2010, doctor of medical sciences Yakovleva, Elena Yurievna

Introduction to the thesis (part of the abstract) on the topic "Forensic psychological examination of emotional states"

Similar theses in the specialty "Legal Psychology", 19.00.06 VAK code

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Peculiarities of Evaluation of Emotional Conditions of Juvenile Defendants during Comprehensive Forensic Psychological and Psychiatric Examinations 2005, candidate of psychological sciences Yablokova, Larisa Nikolaevna

Clinic and forensic psychiatric significance of psychogenic disorders in children and adolescents - victims of sexual violence 2003, candidate of medical sciences Badmaeva, Valentina Dordzhievna

Forensic psychological examination of the driver's mental state in cases of traffic accidents 1998, candidate of psychological sciences Shipshin, Sergey Sergeevich

Strategies for coping with stress in persons who have committed aggressive crimes in a prolonged psychotraumatic situation 2010, candidate of psychological sciences Ivanov, Pavel Alexandrovich