Forensics. Features of the investigation of unsolved crimes of past years (the most important)

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Forensics. Features of the investigation of unsolved crimes of past years (the most important)

Lecture notes, cheat sheets

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89. FEATURES OF THE INVESTIGATION OF CRIMES COMMITTED BY PERSONS WITH MENTAL ANOMALIES

When committing a crime by a person with mental anomalies, the following circumstances shall be established:

1) the circumstances of the deed (time, place, method, goals, motives, means used, mechanism, situation, nature, type and amount of harm caused);

2) the person who committed the act under investigation, his sanity;

3) the presence, nature, characteristics of his mental illness in the past, the type, degree, distinctive signs of a mental disorder at the time of committing a socially dangerous act and at the time of its investigation;

4) features of his behavior before, during and after the committed act, including behavior during the investigation. Signs of a socially dangerous act committed by a person with mental anomalies;

5) sudden, unmotivated actions that are inadequate to the situation, especially actions with a manifestation of increased aggressiveness, special senseless cruelty, spitefulness, sadism, sexual pathology;

6) obvious illogicality of behavior at the scene of the incident (for example, dismemberment of the corpse of the victim without any attempts to hide parts of the corpse, dragging the corpse from a poorly lit place to a more lit, well-visible place);

7) taking possession of inexpensive things of the victim and leaving valuable things without attention when there is a real choice;

8) theft of things that contribute to the actualization of sexual experiences (for example, women's toilet items).

If the investigator during the interrogation of a suspect suspects the fact of self-incrimination or slander due to the mental state of the suspect, a specialist may be present at the interrogation.

If the investigator has suspicions about the insanity of the suspect, he may appoint a forensic psychiatric examination. The grounds for the emergence of suspicions may be the testimony of eyewitnesses and witnesses about the strange behavior of the suspect, the observation of anomalies in behavior by the investigator himself, deviations in the development of the suspect, congenital physical defects of the suspect.

External differences in physique, which may indicate a mental anomaly, may be:

1) external somatic;

2) functional;

3) oddities in the manner of dressing and the state of clothing.

Forensic psychiatric examination is carried out in order to obtain answers to these questions:

1) whether the given person had a mental illness at the time of the commission of the act incriminated to him and whether it is sane;

2) after committing the crime, the person in question has not contracted a mental illness that deprives him of the opportunity to be aware of his actions and manage them during the investigation of the case;

3) if the accused is sick, what is the prognosis of the disease, does he need to apply compulsory medical measures and which ones;

4) whether the accused has mental deficiencies that do not exclude his sanity and procedural capacity, and how they are expressed;

5) if the accused has mental deficiencies, then whether they affect his ability to correctly perceive the circumstances of the case and give correct testimony about them.

Authors: Aleinikov A.G., Salova E.E.

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