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Lecture notes, cheat sheets
Legal psychology. Lecture notes: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
INTRODUCTION The work of a practical lawyer involves daily contacts with people: each police officer, investigator, lawyer, prosecutor or judge communicates with colleagues, witnesses, and persons under investigation. In the process of such interaction, the lawyer draws conclusions about the habits of people, their character traits, tries to predict their behavior and guess about the motives of their actions. This is a valuable and necessary experience, and each person can, to one degree or another, consider himself a psychologist - a connoisseur of souls. Why then do we need legal psychology? Let's say you noticed that silent people are shy, and chatterboxes dream of leadership. This observation may or may not be true. How can you know for sure whether the appearance of one quality is connected with the appearance of another? One can refer to the "obviousness" of this knowledge or "common sense", but scientists know that there is no richer source of error than "taken for granted". As A. Einstein said, "common sense tells us that the Earth is flat." Faced with this or that phenomenon, we speculatively assume its causes, but we never know exactly what causes and factors really played a role in making this fact seem to us just like that. In order to obtain accurate information, science investigates, measures, and experiments. The knowledge gained by a person from life experience, the so-called "empirical everyday psychology", is similar to signs, they do not have precise evidence, leaving us at the level of "witchcraft". And the task of science is to make knowledge accurate, verifiable and, accordingly, suitable for practical application. Each of us has our own unique life experience, our own, subjective way of interpreting the actions of another person, and this subjectivity often leads to false conclusions. Science is called upon to make knowledge objective. In addition, what we sometimes reach with our minds may turn out to be already known and studied by someone before us. Don't waste your time "discovering" old truths. Legal psychology has more than two hundred years of history and a solid body of knowledge. Participants in legal relations are always people, and even if we are talking about a legal entity, legal and illegal decisions are still made by people or groups of people. The subjective side of the matter always remains significant. Speaking of a person, we most often mean a set of his psychological characteristics: whether he is kind or aggressive, generous or greedy, calm or excitable. As I.S. Barshev, if the judge does not know psychology, then it will be "a trial not of living beings, but of corpses." Psychology for a lawyer is an objective science about the subjective. Legal psychology may become necessary in the analysis of human behavior, its ascertainable and hidden motives, attitudes, personality traits that are important for competent legal work. Knowledge of mental patterns makes it possible not only to understand mental activity, but also to partly control it: self-improvement of the personality of a lawyer, re-education of a criminal, overcoming resistance to the investigation on the part of perjurers - these are also areas of application of psychology. Psychology cannot be unnecessary or boring - it is a science about a person, his soul, it is interesting and useful just because it is about each of us. Accepted abbreviations Civil Code of the Russian Federation - Civil Code of the Russian Federation No. 30.11.1994-FZ dated November 51, 26.01.1996 (Part One), No. 14-FZ dated January 26.11.2001, 146 (Part Two), No. XNUMX-FZ dated November XNUMX, XNUMX (Part Three) CCP RF - Code of Civil Procedure of the Russian Federation dated November 14.11.2002, 138 No. XNUMX-FZ CC RF - Criminal Code of the Russian Federation dated 13.06.1996 No. 63-FZ CCP RF - Code of Criminal Procedure of the Russian Federation of December 18.12.2001, 174 No. XNUMX-FZ Topic 1. INTRODUCTION TO LEGAL PSYCHOLOGY 1.1. History of development of legal psychology Legal psychology is the science of the functioning of the human psyche involved in legal relations. The whole wealth of mental phenomena falls into the sphere of her attention: mental processes and states, individual psychological characteristics of a person, motives and values, socio-psychological patterns of people's behavior, but all these phenomena are considered only in situations of legal interaction. Legal psychology arose as a response to the requests of legal practitioners, in fact, it is an applied science designed to help a lawyer search for answers to his questions. Not being an independent theoretical discipline, it does not have its own methodology - its principles and methods are general psychological. Legal psychology is interdisciplinary. Since legal psychology arose and developed at the intersection of psychological and legal knowledge, it is related to both general psychology and legal sciences. This science is relatively young, about two hundred years old. But it is noteworthy that this direction arose almost simultaneously with psychology: psychology and legal psychology have gone "hand in hand" all the way of development. The very term "psychology" began to appear in philosophical literature already in the 1879th-XNUMXth centuries. and meant the science of the soul, the ability to understand the soul of a person, his aspirations and actions. In the XNUMXth century psychology leaves the bosom of philosophy and stands out as an independent branch of knowledge, acquiring a slightly different - natural science - shade. The official date of the birth of psychology is traditionally considered XNUMX - this year the German psychologist and philosopher W. Wundt founded the first laboratory of experimental psychology in Leipzig. It was the introduction of a strict, controlled experiment that marked the formation of psychology as a science. Late 1789th - early 1794th centuries marked by an increase in the interest of scientists and social activists in the problem of man. The principles of humanism (from lat. humanita - humanity), the leading philosophical trend at that time, prompted the revolutionaries to create the first in Europe "Declaration of the Rights of Man and Citizen". The victory of the Great French Revolution (1789-XNUMX) and the adoption of new legislation in XNUMX marked the beginning of the active introduction of legal psychology into judicial practice. At this time, the anthropological school of law was born, which paid special attention to the "human factor". The works of K. Eckartshausen ("On the need for psychological knowledge in the discussion of crimes", 1792), I. Schaumann ("Thoughts on criminal psychology", 1792), I. Hofbauer ("Psychology in its main applications to judicial life", 1808) appeared , I. Fredreich ("Systematic Guide to Forensic Psychology", 1835). More than half a century later, a similar process began in Russia. The judicial reform of 1864 prepared fertile ground for the use of psychological knowledge by practicing lawyers. The introduction of the principles of competitiveness of the trial and the equality of the parties to the prosecution and defense, the independence of judges and their subordination only to the law, a free advocacy independent of the state, and jury trials made it possible to make wider use of practical psychological techniques. The works of B.L. Spasovich "Criminal Law" (1863), saturated with psychological data, A.A. Frese "Essays on Forensic Psychology" (1874), L.E. Vladimirov "Mental characteristics of criminals according to the latest research". In pre-revolutionary Russia, legal, or, as they used to say, judicial, psychology developed quite powerfully. A.F. Koni, F.N. Plevako, B.L. Spasovich, A.I. Urusov. Russian lawyer, public figure and outstanding judicial orator A.F. Koni made a significant contribution to the development of legal psychology. His works "Witnesses in Court" (1909), "Memory and Attention" (1922), as well as the course of lectures "On Criminal Types" touched upon the problems of interaction between participants in investigative and trial processes, the behavior of witnesses in the courtroom, the influence of the judge's speech in court on the course of the trial, the phenomenon of "public bias" of the jury. Knowledge of both the theory and the practical side of the matter gave his work a special value. In 1912, a legal congress takes place in Germany, at which legal psychology acquires official status as a necessary component of the initial education of lawyers. It is also interesting that, while the West was deciding the question of the demand for a new science by lawyers, at Moscow University already in 1906-1912. read the course "Criminal Psychology". The post-revolutionary period turned out to be quite favorable for the further development of domestic psychology. At that time, Russian psychologists and psychophysiologists V.M. Bekhterev, V.P. Serbian, P.I. Kovalenko, S.S. Korsakov, A.R. Luria. Domestic science was ahead of foreign science in many respects. A significant place was also given to legal psychology - it was necessary to quickly restore order in the new state: to fight the gangs that were operating everywhere in the post-war years, to ensure safety on the streets of cities, to educate and re-educate juvenile homeless children. In 1925, the State Institute for the Study of Crime and the Criminal was organized in Moscow. It became the world's first specialized criminological institute. Separate offices and laboratories for the study of crime were also opened in a number of peripheral cities - Leningrad, Saratov, Kazan, Kharkov, Baku. In the West, at this time, the works of C. Lombroso, G. Gross, P. Kaufman, F. Wulfen were published. Psychoanalytic theory and the teachings of behaviorists are actively developing. A crushing blow to the social and humanitarian disciplines was dealt by the repressions of the 1930s. Psychology did not escape this fate either - the most important laboratories and research centers were closed, many prominent scientists were subjected to repression. Psychology, including legal psychology, was in fact subordinated to pedagogy. All psychological research, which is at the junction with jurisprudence, has completely ceased. This state of affairs was established for a long time, and only the thaw of the 1960s. changed him for the better. With the development of cosmonautics, technology, and the activities of polar expeditions, psychology gradually began to acquire the status of an independent and significant discipline. Sociology also made itself felt - in the form of mass statistical surveys and journalistic reflections. An important moment was 1964 - the date of adoption of a special resolution of the Central Committee of the Communist Party of the Soviet Union (CPSU Central Committee) "On the further development of legal science and the improvement of legal education in the country." As part of the Research Institute of the Prosecutor's Office, a department of psychology was opened, and already in 1965, the course "Psychology (general and judicial)" was introduced into the training program for lawyers in higher educational institutions. Applied psychological research began to unfold to ensure the goals of law enforcement, law enforcement and preventive activities. Further understanding of theoretical and methodological problems took place in the late 1960s - early 1970s: the first major works on legal psychology by A.R. Ratinova, A.V. Dulova, V.L. Vasilyeva, A.D. Glotochkina, V.F. Pirozhkov. Over the next twenty years, the position of legal psychology was relatively stable: the active cooperation of psychologists and lawyers brought considerable results. The next blow to domestic science came from the economic crisis of the late 1980s and early 1990s. After the "second Russian revolution" a new stage of development began: laboratories and research centers began to revive, departments were opened, books were published. They began to introduce full-time positions for psychologists in district police stations, pre-trial detention centers, and places of serving sentences. Forensic psychological examination has acquired a new status. At the moment, new areas of joint work of lawyers and psychologists are opening up: the need to provide special psychological knowledge of the work of operational-investigative groups, investigators, prosecutors and judges, and the creation of centers for psychological assistance to victims has been recognized. New, experimental directions include the introduction of the institution of juvenile justice, which requires the introduction of new psychological structures into the work of law enforcement agencies: a specialized helpline for adolescents at police stations, groups of educators and psychologists of a new generation in children's correctional labor institutions. 1.2. The concept of legal psychology. Its relationship with other branches of knowledge Currently, legal psychology is an applied diversified discipline. The following sub-sectors (sections) can be distinguished: forensic psychology - a section that studies the psychological aspects of the trial (the psychological impact of the speech of the prosecutor, judge, lawyer, the behavior and testimony of witnesses in court, the problems of forensic psychological examination); criminal psychology - a section that studies the psychological characteristics of the personality of a criminal, typical psychological portraits of criminals, the motivation for criminal behavior both in general and its individual types (violent crime, mercenary crime, juvenile delinquency, group delinquency), the dynamics of the development of relations in criminal groups, leadership problems and psychological coercion; investigative-operational psychology - a section that studies the psychological aspects of investigating and solving crimes: the tactics of examining the scene, interrogation, investigative experiment and testifying at the scene and identification, as well as the formation and training of operational-investigative groups; penitentiary (correctional) psychology - a section dealing with the problems of the psychological effectiveness of various types of criminal punishment, the psychology of convicts and those serving sentences, as well as the development of the psychological foundations for the re-education, re-socialization and readaptation of persons who have violated the law; legal psychology - a section that explores the problems of legal and illegal socialization of the individual, the conditions of education and models of social adaptation of law-abiding citizens and citizens who have broken the law, the psychological foundations of law-making and law-realization; psychology of a lawyer's professional activity - a section dealing with the problems of building psychological professiograms of legal specialties (psychological requirements for applicants for a position), career guidance, career selection, team building, prevention of professional deformation of the personality and recreation; psychological victimology - a section devoted to the characteristics of the personality and behavior of the victim of a crime, signs of "recognition" of the victim by the criminal, the interaction of victims and offenders at the time of the crime, psychological assistance to victims of crime. Legal psychology, like any other interdisciplinary science, has systemic qualities, i.e., a much greater theoretical and practical potential than a certain amount of knowledge obtained from different branches and sciences. Therefore, it is important to know what other branches of knowledge it is connected with. Legal psychology has a number of related issues with the following sub-branches of psychology: - general psychology, which considers the basic concepts of psychology, which studies the basic mental processes, states and personality traits; - developmental psychology, which studies the development of the psyche, the changes that occur in the process of growing up, the differences in the psyche of people due to age; - genetic psychology, which considers the relationship of individual psychological traits with genetics, the problems of inheritance of mental traits that are not related to situations of upbringing; - differential psychology, which studies the problems of individual development of the psyche, the psychological differences of people in connection with the conditions of their formation; - social psychology, which considers the issues of the difference between group and individual behavior, the dynamics of people's behavior in groups and group behavior, the problems of human interaction, communication; - pedagogical psychology, which studies the problems of education and training, socialization as a process of assimilation of the culture of society, as well as issues of behavior correction; - pathopsychology, which considers deviations of mental development, disorders of mental processes and pathological states of the psyche; - medical psychology, which studies the influence of somatic diseases on the functioning of the psyche and psychological stress on human health; - psychology of work, considering the issues of career guidance, professional suitability, the effectiveness of professional activity, ensuring the optimal mode of work and rest. Legal psychology continues to develop continuously by establishing new connections with other sciences, including branches of psychology (the so-called horizontal development), and by highlighting new sub-branches, areas of legal psychology itself (vertical development). 1.3. Tasks, object and subject of legal psychology Legal psychology sets itself a number of tasks, the solution of which makes it an important theoretical and applied discipline. Among them are tasks such as: - methodological - consists in developing the theoretical and methodological foundations of legal psychology, specific methods of applied research, as well as in adapting for legal psychology methods and techniques developed in other branches of legal and psychological sciences; - research - involves obtaining new knowledge that reveals the subject of legal psychology: personality traits of the subject of legal relations, his legal or illegal activities, legal socialization and psychological mechanisms of resocialization of the offender, psychological features of legal procedures; - applied - is to develop practical recommendations for legal practitioners on their implementation of law-making, law enforcement and law enforcement activities, methods for improving the quality of work of legal practitioners, organizing joint activities of psychologists and lawyers, assisting in career guidance, professional selection and professional consultation of lawyers; - practical - involves providing legal practice with special psychological knowledge, developing and implementing into practice psychological methods of conducting operational-detective and investigative work, effective methods of speech influence in order to overcome resistance to the investigation and re-educate persons who have violated the law; - educational - consists in the development and implementation of new effective courses for improving the psychological training of lawyers, including the basic educational course "Legal Psychology", advanced training courses and special thematic seminars. Speaking of legal psychology as a science, it is necessary to clarify its object and subject. An object is understood as any part of the surrounding world - real or even ideal. The object of psychology is the psyche, the object of legal psychology is the psyche of a participant in legal relations, that is, a person in conditions of legal interaction. The subject is individual for each individual study: it is understood as the part of the object under study. The subject is always a narrower concept, it can be distinguished in the object of study. The subject of legal psychology can be mental processes, states, individual psychological characteristics of a person, features of interpersonal interaction. The methodology of science is a system of principles of cognition, it contains the criteria of scientific character, and, consequently, of reliability. Methodology is the logic of cognition, a system of principles that ensures the objectivity and reliability of the knowledge obtained. Scientific knowledge related to a certain branch is based on the general principles of scientific methodology, i.e. it must be empirically confirmed, explain natural phenomena and processes, obey the laws of logic, be internally consistent and be in harmony with the fundamental theories of other scientific disciplines. Methodology includes the conceptual apparatus of a given science, i.e., special terminology, a set of theories and concepts, recognized points of view on the subject, and methods of cognition as ways of obtaining reliable knowledge. 1.4. Principles and methods of legal psychology Legal psychology follows a general psychological methodology and relies on the following postulates: - the psyche has a material basis, but is empirically elusive, i.e., for its existence, the nervous system is necessary, but all the richness of mental phenomena cannot be reduced to the totality of electrochemical processes occurring in the nervous system; - the psyche demonstrates the unity of internal and external manifestations: any mental phenomenon "hidden" from the eyes of others (thought, experience, sensation, decision) is expressed in specific visible manifestations - facial expressions, deeds and actions; - the psyche has systemic qualities - it is multi-level, multi-structural, effectively acts as a holistic formation, and the effect of the coordinated action of its structural elements exceeds the effect of the sum of individual elements; - the psyche of each person is individual and develops as a result of an individual, unique life experience of this individual. A person is born with certain inclinations, but they can develop only under the influence of the environment, only as a result of communication with other people (the principle of ontogenesis); - the psyche develops in certain historical conditions and is formed under the influence of a particular culture, assimilating the basic requirements of society at a given historical moment (the principle of concrete historical conditioning). A special place in psychology is occupied by the question of the ethics of scientific knowledge. This is due to the specifics of the object under study. The psyche of each person is original, unique and priceless. Any intervention in the spiritual life of a person that can lead to a change that is undesirable for him is contrary to humanistic principles. The researcher, the experimenter should always be sure that the research procedure will not disrupt the functioning of the psyche, and even more so will not cause negative irreversible consequences. If a physicist can split an atom in order to understand how it works, then a psychologist has no right to destroy his object of study and even no right to influence him in some way if there is even a small probability that the result of this influence will be detrimental. In the framework of legal practice, the psychologist must also be guided by the norms of conducting investigative actions. The law excludes the possibility of not only physical and mental violence during their implementation, but also any actions that degrade the honor and dignity of a person, mislead the opposing side, use illiteracy, religious beliefs, and national traditions of participants in the process. In addition, the law must guarantee the confidentiality of information relating to the personal, intimate life of a person. Psychological research in the framework of legal proceedings can only be carried out with the voluntary consent of the person and in strict accordance with the rules set out above. Scientific research methods are the methods and means used to build scientific theories, with the help of which we obtain reliable information. Psychology uses the following methods. 1. Observation - observation and registration by the researcher of the behavior of a person and groups of people, which make it possible to reveal the nature of his experiences and features of communication. This method is based on the principle of the unity of external and internal manifestations of mental life - any emotion, thought, memory, decision manifests itself in a specific action, regardless of whether the person himself is aware and notices this action. There are several types of observation: - included observation - the subject knows that he is being observed, the experimenter and the subject interact during the observation; - third-party observation - the subject does not see the observer, does not know which of the participants in the observation is the observer, the subject and the experimenter do not communicate during the experiment, therefore, the subject does not receive "feedback" from the experimenter; - observation in a group - the experimenter monitors the behavior and interaction of a group of people, as a rule, in this case he does not participate in group communication; - self-observation - the experimenter and the subject are one person who participates in the experimental situation and notes the features of their behavior and experiences. In legal psychology, the method of observation is used quite widely: in the professional selection of members of operational groups, to optimize the activities of investigation teams, to reveal the features of communication between prisoners in correctional institutions, to reveal the characteristics of personality traits and to identify false testimony during interrogations. At present, the observation method is supplemented by the use of technical means - video and audio recordings. 2. Samples and measurements - registration of data reflecting simple psychophysiological processes. The main objectives of such a study are to determine the capabilities and characteristics of vision, hearing, memory of the subjects, to identify temperament, or the dynamic properties of the nervous system, endurance and fatigue, the characteristics of the psyche's response to changes in the somatic state of the body (high or low temperature, rarefied air or fatigue). This method is important in verifying testimonies, because it shows whether a given person under given conditions could really see and hear what he testifies, or whether his testimony is the result of speculation and fantasies. The method of trial and measurement is necessary to find out the possible causes of traffic accidents, industrial accidents and disasters associated with the work of a human operator. Samples and measurements are most often carried out in laboratory conditions, where the corresponding conditions are simulated, but can also be carried out in real mode. 3. biographical method - this is a study of the history of a person's life in order to reveal the characteristics of personality traits and circumstances that led to the formation of this type of personality. This method is based on the principle of ontogenesis, according to which individual life experience, the conditions of growing up and upbringing are decisive for the formation of personal characteristics. Numerous psychological studies have led to a number of conclusions that culture, religion, social stratum (from Latin stratum - layer), area of residence form certain features that are characteristic of most people belonging to this group. The composition of the family and the characteristics of family relations, school education, relationships in the children's and adolescent environment, and the psychological climate of the work collective have a significant impact on the formation of personality. The biographical method also makes it possible to show whether the behavior that played a role in the circumstances of a legal conflict is typical for a given person, or whether such behavior is situational, that is, it manifested itself suddenly as a reaction to difficult or unforeseen circumstances. In forensic psychological examination, the biographical method is one of the main methods for studying a person's personality. 4. Activity product analysis method - the study by a psychologist of material traces left by a person, which carry information about the features of his mental life and behavior. Usually, diary entries, correspondence, literary works, drawings, collections of objects, professional tools and equipment, hobbies, home interiors are studied. The objects surrounding a person bear the imprint of his habits, preferences, inclinations, lifestyle and indirectly indicate the traits of his character. Particularly informative are diary entries, drawings and literary works (if any) - they reveal the most intimate experiences, thoughts, all the richness of the emotional sphere. This method goes back to the psychoanalytic tradition, where any work is considered as a disclosure of the “unconscious” person, that is, that area of the psyche that contains desires and aspirations, sometimes hidden not only from the eyes of others, but suppressed and forbidden by a person to himself. The method of analysis of activity products is used to study the personality traits, behavior, emotional experiences of a person inaccessible for research (deceased, missing, abducted, unidentified person), and as an additional tool for revealing personality traits, behavior and emotional experiences in the case when a person available. 5. The test is - a special psychological method, the most well developed and often used. The basis of the study with the help of tests was the principle of the unity of internal and external manifestations of the psyche. Psychological tests are very diverse both in terms of research objectives and in the form of test material. With the help of tests, psychology can explore almost all psychological manifestations: temperament, thinking and intelligence, volitional qualities, the desire for power and leadership qualities, sociability or isolation, professional suitability, inclinations and interests, leading motives and values, and much more. For convenience, tests can be divided into types. According to the objectives of the study, we single out tests of mental states and tests of personality traits. There are tests designed to provide information on blocks of personality characteristics, such as the Cattell multifactorial questionnaire or the thematic apperception test, there are tests designed to comprehensively study a single psychological characteristic, such as the Rosenzweig frustration test or the Eysenck intelligence test. State tests can reflect a cheerful or tired state, high spirits, depression, stress, anxiety. According to the form of presentation of the test material, tests-questionnaires and projective tests are distinguished. Questionnaire tests consist of lists of questions to which answers are offered, the answers obtained are compared with standardized ones, on the basis of which they either obtain a numerical expression of some characteristics (for example, this subject scored 10 points on the anxiety scale, which corresponds to the norm), or refer a person to a certain category (for example, a demonstrative hyperthymic type). Projective tests do not contain ready-made answers; their application is based on the premise that a person's free associations on a given topic reveal the characteristics of his personality. A classic example of a projective test is Rorschach blots, where in abstract ink compositions each person sees something of his own, what he is inclined to, and highlights fragments of the image in his own, unique way. The most complete and accurate information about a person can be obtained by using various tests in a complex way. In this way, a psychologist can reveal the greatest number of psychological properties of a person, double-check the data of one test with the data of another, and make an adjustment for the current state. The branch of psychology that deals with the development of psychological tests and questions of their most effective application is called psychodiagnostics. Testing in legal psychology is used to analyze the personality traits of persons under investigation, in special cases - plaintiffs and witnesses, as well as an additional tool for identifying roles and hierarchy in criminal gangs (for the purpose of professional selection). Thus, legal psychology is the science of the functioning of the human psyche involved in the sphere of legal relations. It is an interdisciplinary, applied science that arose as a result of the need to improve the science of law. Legal psychology is associated with many branches of psychology and law. Its object is the human psyche, the subject is various phenomena of the psyche, individual psychological characteristics of the personality of the participants in legal relations. General psychological methodology uses the research methods of psychology: observation, trials and measurements, the biographical method and the method of analyzing the products of activity, tests. Topic 2. PSYCHE: CONCEPT AND FUNCTIONS 2.1. The concept of the psyche The psyche is a general concept denoting the totality of all mental phenomena studied by psychology. Like all fundamental concepts, it is the most difficult to define. Numerous versions about the nature of the mental can be reduced to three main ones. According to one of them, the psyche has an intangible nature, it is an ideal substance, independent, eternal, having its own will for development, self-knowledge, improvement. According to the second version, the psyche is a product of brain activity, mental activity has a reflex character, any, even very complex mental phenomenon can be divided into separate acts of stimulus-reaction, all brain areas involved in a particular mental phenomenon can be traced, and nerve impulses flowing in them. According to the third version, the psyche develops on the basis of nervous activity and relies on nervous structures, but at the same time it cannot be reduced to a number of electrochemical processes of the brain, it is a supra-biological formation, a set of complex programs laid down during human life and flexibly reacting to environmental conditions. Modern ideas are most consistent with the latest version, respectively, as a working definition of the psyche, we will take the following: the psyche is the ability of higher nervous activity to create models of reality that perform an adaptive function. This definition emphasizes the connection of the psyche with its material basis - the nervous system as an organic base of nervous activity. 2.2. Functions of the psyche The psyche as the receptacle of the "model of reality" organizes in a special way the information coming from the external environment and reacts to this constructed reality in its own way. Let us clarify this idea: our perception is a reflection of objective reality, our thinking is able to analyze the past and foresee the future, but the boundaries of these abilities are limited by our needs and goals. We do not perceive all the information, but only that which is important to us. A person perceives light radiation of a certain range and sounds of a strictly defined height, and these spectra make up only a small fraction of those that exist in nature, they are much narrower than those perceived by the animals of our planet, but this is precisely the range that is important for us. In the same way, in any everyday situation, each of us pays attention and reacts only to those stimuli that are important to him personally. So, imagine a bus stop in the city center. One person who is late somewhere will only react to the approaching transport in search of the desired route number and think about the possible consequences of his being late; another person who is not in a hurry at the same stop will look at people passing by, perhaps he will overhear someone's conversation or observe a quarrel, maybe he will pay attention to an unusual car, smoke and decide who to go to visit; for the third, the bus driver, stopping is just one of the familiar attributes of a daily work situation. See how different the perception and emotional experiences of three people are in the same place and the same time period. Thanks to the development of the adaptive function of the psyche, living beings became more adapted to survival than their ancestors. Compare: a lizard can remember a place that poses a danger, for example, a trap in a garden corner, but is not able to differentiate the danger itself (trap) and the place (garden corner), while the dog distinguishes the source of danger well and can easily identify a dangerous object in any place, which gives it undoubted advantages for survival. Mankind, with its culture, knowledge and technologies, has gone beyond the animal world, its ability to survive is much higher: a person is able to survive in the polar cold, and in the desert, and even in outer space, with the modern level of medicine, he can live with diseases, which would have previously or otherwise been fatal. All these achievements, which made a person super adapted to survival, became possible thanks to the development of the psyche: memory, fantasy, speech, thinking. The adaptive function is also revealed through the fact that the psyche, as a carrier of programs acquired during life and quite easily corrected, flexibly responds to changing environmental conditions. Like any other science, psychology discovers the laws of the functioning of the psyche. Consider the main ones in order to understand how mental activity proceeds. The psyche has a hierarchical structure, that is, it consists of interconnected and mutually subordinate structural elements. These elements can be divided into three conditional groups: mental processes, states and properties. Topic 3. MENTAL PROCESSES The concept of mental processes. Mental processes are elementary units that we can distinguish in mental activity, its "atoms". The processes are primary - on their basis the entire complex system of the functioning of the psyche is built. Processes are dynamic - they have their own course, development. Let's describe the main processes. Feeling and perception. Sensations are elementary mental processes, which are a subjective reflection by a living being of simple properties of the surrounding world in the form of mental phenomena, elements, components of perception that make up images. The following types of sensations are distinguished: skin (touch, or pressure, there are temperature and pain), proprioceptive (position of the body in space, relative positions of body parts), organic (coming from the nerve cells of the internal organs), taste and olfactory, visual and auditory. Sensations are possible due to the presence of receptors - special nerve cells that perceive this effect, pathways (nerves) and cells of the central nervous system that are able to receive and process this or that signal. The combinations of these nervous formations are called sensory systems. Phylogenetically, the most ancient, i.e., the earliest to arise in evolution, are sensations that directly relate to the state of the body - pain, temperature, and younger - taste and smell. Then, in the history of species, visual sensory systems arose, and the auditory ones are the youngest. Every sensation has absolute and relative thresholds. The absolute threshold is the minimum amount of stimulus that can cause a sensation. For example, for the sense of smell, it can be several hundred molecules of a substance. The absolute threshold, however, is individual for each individual. The relative, or differential, threshold is the magnitude of a stimulus that can elicit a sensation that is distinct from that evoked by a stimulus of a different magnitude. So, a person can hear a sound with a frequency of 16 Hz, but is able to distinguish one sound from another only starting from a height of 40 Hz. There is also an upper threshold of sensation, which tends to border on pain, for example sound above 14 Hz causes pain. Auditory sensations allow you to describe sound in terms of loudness, pitch, timbre. Loudness corresponds to the sound intensity, measured in decibels. A person perceives sound from 3 to 130-140 dB, the last number corresponds to the upper limit of audibility, the pain threshold. The pitch of a perceived sound, or tonality, corresponds to the frequency of the sound, measured in hertz. The lower threshold of hearing is 16 Hz, the upper threshold is about 20 Hz (for comparison: in a dog it is 000 Hz). Our usual range lies in the region from 38 to 000 Hz, the pain threshold is at the level of 1000-3000 Hz. Timbre is a complex characteristic of sound that has no direct physical analogue, just like timbre we distinguish a complex pattern of sound tones - a combination of sounds of a certain loudness and height. Visual sensations are formed by determining the hue, brightness and saturation. The shape of an object is transmitted by reflecting light spots of different colors and tones on the retina, and the movement is transmitted by moving these spots. A person perceives light waves with a length of 390 to 780 nanometers, i.e. the lower limit is at the level of infrared radiation, the upper - ultraviolet. The human eye is able to perceive a light pulse of 8-47 quanta (this is the lower threshold of perception) and a 1-1,5% change in surface illumination (this is the differential threshold of visual perception). The upper threshold of visual perception is the most relative - the state of blindness depends on the adaptation of the eye to illumination - and can be caused even by normal daylight if the eye is accustomed to a lack of light. In humans, visual perception is the leading one - according to experts, 90% of all information comes through this channel. Hearing, smell, touch and other channels of perception are of much lesser importance. The process of perception is built on the basis of sensations. Perception is the process of receiving and processing various information by a person, culminating in the formation of an image. Perception is not just the result of the integration of data entering the brain through various sensory organs; information stored in memory, thinking and other mental processes are connected to the formation of a holistic image. The hallmark of perception is integrity. Let us explain: when describing an object only with the words "cold", "big", "white", we are still at the level of sensations, but as soon as we correlate these data and get a holistic image of the object (whether it is a refrigerator or the mythical Gorgon Medusa), we can talk about perception. An integral feature of perception is also meaningfulness: we can always think about the formed image and describe it in words. The image contains not only information received from the sense organs, but other cognitive processes are also involved in the process of its formation, the process of completing the image is underway. In this case, normal errors often occur. So, if a white cylinder with a red end is presented to the subjects, most people tend to assume that the second end, which is not visible, i.e., is beyond the limits of perception, is also red. On the one hand, the process of completing the construction of the image is necessary in everyday life - we can most often guess the entire object from fragmentary elements of the image, on the other hand, this effect still sometimes leads to errors in perception. Illusion - an image that is a product of real sensations, but incorrectly reflects reality. This is a perceptual error that occurs due to the interference in the process of perception of memory, desire, fantasy, some attitude or other mental phenomenon. For example, a person may mistake a jacket hanging on a chair in a dark room for a seated person, or an atypically shaped cloud for a flying saucer. The appearance of illusions is considered a normal mental phenomenon. They should be distinguished from hallucinations - fully constructed images that are subjectively perceived as real objects. Thus, a person may claim to see objects or hear sounds that do not exist in objective reality. Hallucinosis is considered a pathological process. We live in a four-dimensional world: we know three spatial dimensions and one time dimension. The perception of space is not innate and develops in the process of learning. A person determines the size of objects by comparing them with other objects and relying on his previous experience. However, if the subject is presented with an isolated object, such as a cube on a white background, which is shown through a special hole in the screen so that the distance to it cannot be determined, then the person will not be able to determine its size. The perception of space arises due to the ratio of the distance to the object and its size. Binocular vision is important in the perception of space, but life experience is decisive - we learn to determine distance and size and can perceive space using only one eye. Very rarely pay attention to another dimension available to human perception - the perception of time. Time is perceived as an irreversible uniform movement from the past to the future. We have learned to express time in units of duration: seconds, hours, days, years. The subjective perception of time is different from the objective one: it can proceed unevenly - stretch or shrink. In the experiment, one group of subjects was offered interesting games, while the other was placed in separate empty rooms and asked to wait. People who were having fun perceived the 10-minute period as very short - 2-3 minutes, and those who were waiting indicated the same time period as 15 minutes. So it became known that subjective time flows unevenly - it can "slow down" and "accelerate" depending on the circumstances. Knowledge about sensations and perceptions is important in obtaining testimony, resolving the issue of recognizing a person as sane, identifying special mental states that are important in criminal and civil cases. Attention and memory. Attention is a state of mental concentration, concentration on an object. Attention is not an independent process, it is a process of regulation of other cognitive processes, a characteristic of mental activity, the state of our perception, consciousness, thinking, memory. Attention always has an object to which it is directed, whether it be an object of the surrounding world, a memory or a fantasy. The roots of attention can be traced in a state of alertness, vigilance, an orienting reflex. Attention is a mental process designed to quickly rebuild the psyche in response to changing environmental conditions and maintain a special mode of operation of the psyche for the right time. Allocate involuntary and voluntary attention. Involuntary attention is primary, a person is born with it, it persists throughout life. Involuntary attention is established and maintained regardless of conscious desire and will. Arbitrary attention is the ability to consciously direct attention to an object, its formation is associated with the development of the will. It is believed that voluntary attention is normally formed by 4-6 years of age. Voluntary and involuntary attention perform somewhat different functions: involuntary attention is passive, uncontrollable, but it plays the role of a "watchman" directing cognitive processes to the most important, strong external stimuli, including those that are rejected by consciousness; voluntary attention is active, it is subject to the will and makes it possible to arbitrarily adjust mental processes, ignoring information rejected by consciousness. Such a division of attention into two types is ideal to a certain extent, therefore, some authors also call voluntary-involuntary attention - a mixed type: attention that does not require willpower, but is under the control of consciousness. This is the situation when we follow some phenomenon "out of the corner of our eye". Attention can be described in terms of its concentration, volume, persistence, and switchability. The concentration of attention, or concentration, expresses the intensity of the connection between the subject and consciousness. The amount of attention is measured by the number of objects that are perceived simultaneously. Stability - the duration during which a given concentration of attention is maintained. Switchability - the ability to reorient cognitive processes from one subject to another. These characteristics of attention are functionally interconnected: a change in one entails a change in the others. So, high concentration leads to a decrease in switching or reduces the amount of attention. It was noted that in a 2-4-year-old child, switchability is two to three times higher than in a 4-6-year-old child. These data indirectly testify to the process of formation of voluntary attention (indirectly, since concentration of attention does not yet mean voluntariness). Arbitrariness - the ability to consciously change the nature of attention. Psychological examination of attention is important in obtaining testimony, assessing the maturity of a person, identifying special mental states that are important when considering criminal and civil cases. Memory is the process of remembering, storing and subsequent reproduction of information. Memory is a reflection and reproduction of past events, one of the basic mental processes. The basis of memorization is imprinting - an almost exact copy of the picture of reality. Initially, in a newborn, memory exists only in the form of involuntary imprinting, and only later, with the development of thinking, will, consciousness, voluntary attention, the second type of memory is formed - voluntary memory. Thus, we distinguish two types of memory - involuntary and arbitrary. Arbitrary, or conscious, memory differs from imprinting and involuntary memory in selectivity, it is mediated by the processes of voluntary attention and thinking, and is always purposeful. Memorization is not a passive process and therefore not photographic: already at the stage of storing information, its primary processing takes place - generalization, systematization, selection of essential features and sifting out everything superfluous. Voluntary memorization, which occurs at later stages of development and, it would seem, is more progressive, is nevertheless inferior to involuntary. In one of the experiments, in the first case, the subjects were shown pictures and instructed to memorize as much as possible, and in the second case, an abstract goal not related to memorization was set. It turned out that a larger amount of information was stored in the case when the task of memorizing the drawings was not set. Thus, it was concluded that most of the information we learn is due to involuntary memory. Allocate short-term and long-term memory. Short-term memory retains information for a time interval from a few seconds to two minutes, although this duration is conventionally allocated. Long-term memory is able to retain information for several minutes, hours, days, years. Short-term memory usually stores information for as long as the object is in our sphere of attention, and as soon as we are distracted, its contents are erased. Long-term memory stores information in an inactive state, but under certain conditions it can be activated. Short-term memory is often compared to computer RAM, and long-term memory is often compared to permanent memory. But unlike a computer, the human brain eventually erases most of the unclaimed information or the one that he does not use for a long time. This is another mental mechanism that provides a flexible response to changing conditions - the unnecessary is erased, making room for more useful information. This process is described by the "forgetting curve" - for the first hour, about 59,2% of information is stored in memory, after 9 hours 35,8% remains, after a day - 27,3%, after two days - 25,4%, and then forgetting becomes insignificant. Note that forgetting occurs rapidly during the first 9 hours, then less rapidly - within two days, and the remaining amount of information is stored by long-term memory in almost unchanged volume. Given the law of the "forgetting curve", we can assume that the farther in time an event is, the less we can remember about it. However, there is an amendment to this rule. Reminiscence is a phenomenon when the subsequent reproduction of information is richer than the previous one, this is a gradual recall. Reminiscence is possible due to the fact that, focusing on the need to remember, we raise ever deeper layers of memory, “unwind” the memory, and receive clues from outside. In memorizing information, its meaningfulness, the emotional richness of the experience, the relevance of the information, i.e. its significance for the rememberer, play a role. Meaningful, logically linked information is remembered much better than unstructured: a person is able to remember an average of 7-10 words from the first reading and only 4-7 meaningless combinations of sounds. In a situation of emotional stress, memory improves. We better assimilate information that is meaningful to us, and forget that which does not cause an emotional or mental response. Memory is not only the assimilation and storage of information, but also the ability to subsequently reproduce it, that is, to remember. The first step to remembering is recognition - this is the stage when we still cannot consciously recall an image from memory, but we are able to distinguish once perceived information from new information. A typical example is when a person cannot describe the face of another person, but is able to recognize him upon meeting. True memorization is characterized by the ability to consciously reproduce the image stored by memory. Reproduction is not a mechanical reproduction of the image, it is a reconstruction during which the image is built anew. In the experiment, the subjects were shown a geometric composition resembling a house, but with one unfinished wall. When, after some time, they were asked to reproduce the image, most of the subjects built this figure, completing the face that did not exist in the original. Thus, it was shown that memorization is not photographic, the integrity of perception and logic "prompted" to the subjects one more line. These are normal memory errors, but there are also pathological forms, described below. Pathological memory disorders are most often the result of mental illness or traumatic brain injury. Amnesia is memory loss, either temporary or permanent. Temporary memory loss - loss of memory of events that occurred in a period of time from several minutes to several days - may be the result of a traumatic brain injury or emotional disorder (affect or severe stress). Retrograde amnesia - forgetting the events of the past - can result in two forms: from the present to the past and from the past to the present. In the first case, a person may not remember what he did during the day, whether he had dinner, whether he watched a TV program, but he recalls events related to his youth and youth with sufficient accuracy. In the second case, he remembers the events of the last days, but cannot indicate where he was born, studied, lived and worked. Paramnesia, or false memory, can manifest itself in the form of pseudo-reminiscences - the substitution of events with memories from other moments of life, the substitution of real events for heard or read facts, confabulations - the replacement of real events of the past with fantastic, fictional pictures. In all cases of paramnesia, the person himself sincerely believes that his memories are real. Let's return to the norm: depending on the leading channel of perception, memory can be visual, auditory (auditory), kinesthetic (motor), depending on the leading type of thinking - visual-figurative or verbal-logical. Memorization and reproduction are easier if a person uses the type of memory that he has more developed. Memory can be characterized in terms of "accuracy", "volume", "longevity". Accuracy is a value that expresses the ratio of correctly reproduced units of information and erroneous ones. Volume expresses the total number of correctly reproduced units of information. Long-term is the duration of retention in memory of a constant volume of correctly reproduced units of information. Psychological examination of memory helps to clarify complex issues related to the testimony of victims, witnesses and suspects, including the results of identification, identifying special mental states that are important for making a judgment. Thinking and intelligence. Thinking is a mental process of a generalized and indirect reflection of reality; in fact, it is a process of information processing. Thinking operates with signs and symbols in which the facts of objective reality are encoded. Thinking is a mental process that reveals the relationship between objects and phenomena, thanks to it we compare, compare, distinguish, reveal the relationship between the data obtained through the perception system. Thinking reveals the properties of things and phenomena and reveals new, inaccessible directly to the senses, their abstract properties. We do not need to directly observe a phenomenon in order to analyze it and draw a conclusion - we can logically process information about it. This feature of thinking is possible thanks to speech - a system for transmitting signs and symbols. Thinking and speech are closely interconnected; they cannot develop and exist without each other. Through speech, communication, the child is given concepts - symbols, behind which the totality of the integral features of the described object is hidden, the main methods of information processing are instilled - the logic of thinking. The thought process consists of the operations of analysis, classification and synthesis, or integration, of information. Analysis allows you to separate the essential and non-essential properties of an object or phenomenon, random and necessary connections, that is, to separate mere coincidences and real patterns. The task of thinking is to identify essential, significant features and connections, after which its next stage is possible - classification. The classification is based on the allocation of concepts - mediated and generalized knowledge about the subject, based on the disclosure of its more or less significant objective connections and relationships. The process of integrating information allows you to move from isolated cases to patterns and forecasting: thinking in a generalized form reveals the principle of solving a problem and anticipates the solution of similar problems that may arise in the future. Violations of thinking are the result of a violation of any of the operations that make it up. Violation of the analysis operation consists in the inability to separate essential, significant features from minor ones, as a result, a person cannot responsibly proceed to the stage of classification, and then to generalization. In cases of impaired thinking, a person either “splits up” reality too much, that is, he sees only differences in objects, but does not find common features, for example, he cannot attribute a cat and a dog to the same class - animals, or falls into too broad generalizations, relying on weak signs and connections of objects, for example, finds the similarity of a flower and an airplane in that both of them are "drawn in blue." The underdevelopment of thinking is characterized by the inability to abstract from concrete concepts and reach a higher, abstract level. Violation of thinking is a pathological process. Normally, every thought process is an action aimed at solving a specific problem. This task includes the goal of the individual's mental activity, correlated with the conditions by which it is set. The goal always arises in connection with the existence of certain motives or the need to satisfy a certain need. The motive creates a problematic situation, which is the starting point of the thought process. The problem situation determines the involvement of the individual in the thought process. There are several types of thinking: visual-effective, visual-figurative and abstract, or theoretical. Visual-effective thinking arises in ontogeny, i.e., the development of the individual, most early. It is based on the empirical experience of a person, the concrete experience of his communication with surrounding objects. A simple example of visual-figurative thinking is the conclusion that if the faucets do not open to the left, they open to the right. Visual-figurative thinking is a higher level of development of thinking. Here a person does not need to empirically find out the facts of reality, but it is enough to scroll through the possible options in his mind. Thus, we can imagine possible options for connecting the rails of a kite, having no real experience in carpentry, but having a general idea of \uXNUMXb\uXNUMXbthe options for connecting rigid parts. Abstract thinking is the highest level of development of thinking, when a person, in the process of solving a problem, refers to concepts and logical schemes, performs actions in the mind, without resorting to practical experience. It is thanks to abstract thinking that we are subject to tasks of the type: A is equal to B, B is not equal to C, therefore, A is not equal to C (a very wide range of tasks can be solved using this scheme). The result of abstract thinking is always a judgment - a conclusion about the inherent properties of objects or phenomena and significant relationships between them. Based on what kind of information a person deals with, mathematical, verbal, artistic, spatial thinking is distinguished. Thanks to the leading way of processing information, logical and associative thinking can be noted. Logical thinking is based on given sequences, and associative thinking works by bringing analogies. In connection with questions of thinking, one more important concept should be mentioned - intelligence. Intelligence is a relatively stable structure of an individual's mental abilities, a certain level of development of a person's mental activity, which provides the opportunity to acquire new knowledge and use it in the course of life. Intelligence is essentially a set of skills for solving problem situations, strategies for finding solutions. Psychologists have developed criteria for assessing the degree of development of mental functions - the IQ. Psychological examination of thinking may be important for identifying the maturity of the individual, sanity, the ability to realize the nature of the actions performed, and the restoration of the crime planning process. Speech is a system of signs and symbols used by a person to represent, process, store and transmit information. In evolution, speech arose along with thinking in the process of social labor activity and developed in the process of the socio-historical development of mankind in unity with thinking. Thanks to speech, the individual consciousness of each person, not limited to personal experience, one's own observations, through language is fed and enriched by the results of social experience, and the observations and knowledge of all people become or can become the property of everyone. Speech activity performs two main functions - communicative and significative. The significative role of language is connected with its sign-semantic aspect. With the help of words in which concepts and meanings are encoded, we can exchange information about the world around us, transmit information and receive it, without having a direct connection with the object in question. The communicative side of communication is associated with the transfer of emotions and feelings of communicating people. In accordance with these components, verbal and non-verbal components of communication are distinguished. The verbal component includes all the factual information transmitted to the interlocutor. For ease of understanding the differences between verbal and non-verbal, we point out that we can convey all verbal information using written speech. The non-verbal component, which carries the emotional component, is contained in the facial expressions, posture of the speaker, his gestures, intonations, speech speed, and gaze. According to the features of the non-verbal component of the speaker's speech, one can determine his emotional state, which helps to clarify a person's attitude to events, the features of his personal attitudes and to identify lies. Speech disorders can have two main forms: the inability to speak, i.e., the inability to translate the concept into verbal form, and the inability to understand speech - the inability to extract meaning from the word-symbol. Such deviations are most often the result of gross violations of brain activity, craniocerebral trauma. In legal practice, the psychology of speech, the main function of which is the ability to be a means of communication, is of general importance, but can also be useful in diagnosing special mental conditions that are important for considering criminal and civil cases, as well as identifying false testimony. Imagination, will and emotions. Imagination is the ability to imagine an absent or non-existent object, keep it in mind and manipulate it. It is believed that imagination is the ability of only the human psyche, it is the basis of visual-figurative thinking, foresight of the future, planning and implementation of behavior programs. Thanks to the imagination, fantasies are possible as complex, detailed pictures of a non-existent reality or a supposed future. It provides a creative transformation of reality due to its innovative potential. Imagination, however, is not free from objective reality - the new images it creates are a combination of previously seen, objectively existing. This is the process of compiling (rearranging and combining) already known images and facts. This kind of creative transformation serves as the basis for intellectually innovative activity, which essentially ensures the thought process. The set goals, thanks to the imagination, are provided with a program of action and, ultimately, are realized in action. In other words, the planning of activities initially occurs precisely in fantasies. The propensity for increased fantasizing is the tendency of the individual to create pictures of reality that are not directly relevant for his life path, while fantasies are experienced very vividly and often replace reality. Getting used to a fictional reality can be so strong that the individual begins to sincerely believe in the events he himself created. Being quite normal for childhood and early adolescence, a tendency to increased fantasy in adulthood indicates deviations in personality development. An analysis of the nature of the imagination process and its content is important when considering the individual psychological qualities of a person that are important for making a judgment and restoring the process of planning a crime. Will - the process of mental regulation, designed to create and direct effort and, as necessary, maintain tension. Thanks to the will, a person can, on his own initiative, based on a perceived need, perform actions in accordance with a given plan. Will provides self-determination and self-regulation of the activity and flow of various mental processes. Will is closely related to consciousness and attention. The volitional process is always conscious: it can be tracked, analyzed, arbitrarily called, it is a means of control, but it is also controlled by consciousness. Attention is necessary for the realization of volitional effort: only what is in the sphere of human attention can be affected by volitional effort. The will is formed and developed under the influence of society's control over human behavior and only then is it internalized, that is, it becomes a purely internal mental process - self-control of the individual. The formation of the will is associated with the transition from external modes of action to internal ones. Volitional action is always purposeful, through this action a person strives to achieve the goal facing him according to a given plan, subordinating his impulses to conscious control and changing the surrounding reality in accordance with his plan. The acting subject, directing an effort to achieve the goal, can evaluate the result of the action, comparing it with the goal to which it was directed. The effectiveness of volitional effort is evaluated by a person through the successful or unsuccessful achievement of the goal. For the emergence of volitional effort, certain conditions are necessary - the presence of obstacles and barriers. Will manifests itself when difficulties appear on the way to the goal. Situations requiring volitional regulation are diverse: overcoming obstacles, directing action into the future, conflict of motives, conflict between the requirements of social norms and existing desires. The main functions of the will are: the choice of motives and goals, the regulation of motivation for actions with insufficient or excessive motivation, the organization of mental processes into an adequate system for the activity performed by a person, the mobilization of physical and mental capabilities in overcoming obstacles in achieving goals. Will can be described in terms of "strength" - "weakness". Psychological analysis of the volitional process is important in resolving the issue of sanity and capacity, in qualifying special conditions that are important for the consideration of criminal and civil cases, including the state of physiological affect, identifying a person’s ability to resist psychological coercion when involved in illegal activities, the ability of a crime victim resist. Emotional processes are a mental reaction to internal or external influences, expressed in the restructuring of the rhythm of activity of both the psyche itself and the whole organism. Emotions contain an assessment of the phenomenon, and its particular features are not distinguished, an emotional response arises to the event as a whole. Emotions perform a regulatory function - they rebuild the activity of the psyche and the body for a prompt response to changing conditions. Activation of the nervous system and, above all, its autonomic division leads to numerous changes in the state of internal organs and the body as a whole. The nature of these changes shows that emotional states cause either the mobilization of the organs of action, energy resources and protective processes of the body, or (in favorable situations) relaxation. So, in case of danger, a person has a feeling of fear, the hormone adrenaline enters the bloodstream, while the vessels of the brain narrow and the vessels of the body expand, providing the muscles with a large amount of oxygen and nutrients. The state of fear prepares the body for decisive action in extreme conditions. Along with the general preparation of the body for action, individual emotional states are accompanied by specific changes in the plasticity of movements, facial expressions, and sound reactions. In evolution, they also developed and became fixed as a means of informing about the emotional state of the individual in intraspecific and interspecific communication. With the increasing role of communication in higher animals, expressive movements become a finely differentiated language, with the help of which individuals exchange information both about their state and about what is happening in the environment. In humans, emotions retain their iconic function - the function of notification. It is thanks to emotions and the changes in appearance and behavior caused by them that we can judge the internal, psychological state of the individual. Emotions are always associated with the satisfaction or dissatisfaction of any important human needs. A positive or negative sign of emotion indicates the possibility of satisfying a need. Positive emotions - joy, pleasure, triumph - inform about the correct way to achieve the goal, negative ones - pain, anger, fear, disappointment - cause the desire to minimize the influence of objective conditions and are aimed at changing the program of action. Thus, emotions perform a regulatory function, reporting on the correctness or incorrectness of the way to achieve goals. Emotions perform a motivating function - emotional stress pushes to action. In an attempt to resolve a tense situation, a person shows activity, charged by the potential of the emotional state. When considering the interaction of emotions and personality development, two factors must be taken into account. The first of them is the influence of heredity on the emotional make-up of a person. Heredity plays an important role in the formation of emotionality, setting the thresholds for experiencing a particular emotion. The second factor of interaction is individual experience and skills of self-control of the emotional sphere. Emotional processes differ in their modality, or quality. Emotions of fear, anger, sadness, despair, joy, pleasure and others can form complex experiences, for example, emotions of anger, disgust and contempt form a kind of emotional complex of hostility, which can develop into a feeling of hostility underlying aggressive illegal behavior. Emotions can also develop into contradictory, ambivalent states - pain-pleasure, sympathy-disgust, fear-admiration. Emotions have a certain power, which depends both on the objective circumstances that caused them, and on the individual characteristics of a person, his emotionality. Reaching a certain threshold level, they can get out of the control of consciousness, having a strong impact on a person's behavior, his mood, thinking, often hindering the performance of professional activities. An extreme form of loss of control over feelings is the development of affective states. Emotion is a form of mental reflection of the surrounding world in the form of short-term experiences of a person, but, being extended in time, they turn into a new type of mental phenomena - emotional states. Emotional states are holistic, dynamic, relatively stable personal formations that largely determine the originality of a person's mental life at a certain stage of his life path. Some feelings, emotional states become leading, dominant in the structure of the personality and, as a result, can seriously influence the formation of character. The main experiences of a person, the most frequently experienced emotions, can be fixed in the character. The pathological manifestation of emotions can take the form of emotional callousness, when emotions are experienced shallowly, superficially, or excessive emotiveness, that is, immersion in emotion and the inability to control it. There are also disorders in which there is a stuck on a certain emotional state - these are the so-called manias and depressions. Possession of the language of emotions and feelings is a professionally important skill of a lawyer. On the one hand, it is expressed in the ability to recognize emotional manifestations, experiences of other persons, to identify the simulative nature of the feelings and emotions they demonstrate, on the other hand, this ability is manifested in the correct choice of the most expressive forms of response, in the demonstration by a lawyer of his emotional state, adequate to one or another other communication situation. Psychological assessment of the characteristics of the flow of emotional processes of an individual in legal practice is important for assessing a person's ability to realize the nature of their actions and manage them, to assess the psychological harm caused to the victim of unlawful actions. Topic 4. MENTAL ACTIVITY AS A SYSTEM 4.1. System of mental activity The human psyche is a complex formation in which all substructures - mental processes - are in functional and structural subordination. Any action is complex in nature, its implementation affects a whole range of mental phenomena. How does the coordination of mental functions take place? A complex education that ensures the performance of activities is called a functional system. This is a model of organization and regulation of a behavioral act, in which all the main mental processes and states have found their place. A person is constantly in a situation of various influences - external and internal. External influences, or situational afferentation, are a combination of various environmental influences. Many of the incentives associated with it may turn out to be insignificant and are rejected, and only a few of them are of interest. Interesting are the incentives associated with the internal influences that a person experiences - his needs. Here one more mental process is connected - memory. It informs about the possibility of satisfying the need, using the given objective conditions of the external situation. As a result of the interaction of three factors - needs, situational afferentation and memory - an image of the desired future is formed. Once formed, the image itself does not cause behavior. Only correlated with the information stored in memory and indicating the possibility of acting in given conditions, it leads to a decision and the emergence of a plan and program of behavior in the mind of a person. The psyche, as a rule, offers several possible options for actions that, in a given situation and in the presence of a given need, can lead to its satisfaction. The expected outcome of actions is presented in the mind in the form of a kind of model - an acceptor of the result of the action. When it is given and the program of action is known, the process of carrying out the action begins. Action is possible due to the connection of volitional effort. The performance of an action leads to some result, not necessarily corresponding to the built model, and the person receives information about it through the so-called reverse afferentation - the sense organs. The result of the action is reflected in the mind and compared with the acceptor of the result of the action - the desired result. Note that the correctness of the way to perform the action and the final result are reported by emotions - a positive or negative response to the situation that has already changed as a result of the action. Positive emotions indicate the right way to achieve the goal, negative - about failure. If the coincidence of the expected and real results occurred from the first attempt to perform the action, then a positive emotion arises that stops it. If the parameters of the performed action do not correspond to the action acceptor - the set goal, then there is an additional motivation to continue the action, repeat it, or perform it according to the adjusted program. The action is repeated until the result obtained coincides with the goal. Under the influence of the information received, the program of action can be adjusted, i.e., the acceptor of the result of the action can be changed. The theory of functional systems considers the question of the interaction of physiological and psychological processes and phenomena. It shows that both play an important role in the joint regulation of behavior, which cannot be fully scientifically explained either on the basis of only knowledge of the physiology of higher nervous activity, or on the basis of exclusively idealistic ideas. 4.2. Consciousness The pinnacle of the development of the psyche, its "head center" is consciousness. Consciousness is a distinctive feature of a person, consisting in his ability to think about the past, present and future, evaluate, develop programs of behavior and implement these programs. Thanks to consciousness, we can, based on the information stored in memory and signals from the senses, using thinking, to foresee the future. It is believed that foresight is a feature that distinguishes a person from all other living beings: only a person can endure hardships in the present, realizing a positive result that can be achieved in the future. One can speak of conscious control of behavior only if a person has the ability to concentrate volitional effort on a certain type of activity - for example, consciousness is closely connected with will. Consciousness is also connected with voluntary attention - only what falls into its sphere can be realized. Another feature of consciousness is the presence of intellectual circuits in it. They are understood as certain mental structures, in accordance with which a person perceives, processes and stores information about the world around him and about himself. Schemes include rules, logical operations by which a person arranges information: selection, classification, assignment to a particular category. This is how abstraction occurs, i.e., distraction from the secondary, and concentration on the most essential. Individual consciousness develops as a person assimilates speech and learns to use language, since language, being a means of communication, is a conductor of the very logical operations that a person uses, the basis of his thinking. Without language, thinking is impossible; without thinking, consciousness is impossible. Thus, all those images and actions that have fallen into the sphere of voluntary attention are conscious, can be controlled by the will, considered and named by words. Topic 5. MENTAL CONDITIONS OF SIGNIFICANCE FOR CRIMINAL AND CIVIL CASES The concept of mental states. Mental states are the adjustment of the body to a certain mode of operation, which persists for a relatively long period of time. In fact, these are processes that are prolonged in time. They perform the function of setting the system of the psyche and body to perform any activity. Emotional states are of particular interest. Emotional states improve the general background of mental activity, often changing it in the most radical way, therefore, in the practice of combating crime, when solving issues related to criminal prosecution, sentencing, studying the motivational sphere of the subject's personality, it is necessary to take into account the state in which the person was. Crimes committed in a special mental state of sudden strong emotional agitation, or passion (Articles 107, 113 of the Criminal Code of the Russian Federation) were included in separate articles of the law. The unusual state of the psyche of the perpetrator at the time he committed the crime in some cases may be taken into account by the court as a mitigating circumstance, the law does not prohibit this (Article 61 of the Criminal Code of the Russian Federation). When resolving civil law disputes, in some cases it is also necessary to assess the impact of various emotional states on the behavior of the parties in some conflict situations. Varieties of mental states. Within the framework of legal psychology, the following mental states are of particular importance: anxiety, fear, stress, frustration, intoxication, affect. Anxiety is a state of mental tension caused by a number of factors that are not recognized by a person. An alarm condition reports a danger whose source has not been determined. Signs of an anxiety state are changes in behavior strategies, motor skills, facial expressions, speech, functioning of internal organs, heart rate, blood pressure, breathing rhythm, sweating intensity, sleep and wakefulness disturbances. The state of increased anxiety, uncertainty negatively affects the critical understanding of the current situation, deprives the participant of legal relations of the opportunity to think about the situation and consciously make a decision. The experienced state of anxiety can be taken into account when considering a number of criminal and civil cases. This state is taken into account in criminal proceedings when assessing the mental state of the perpetrator as a circumstance mitigating punishment (see, for example, paragraph "e" part 1, part 2 of article 61 of the Criminal Code of the Russian Federation), when investigating criminal cases related with suicides, as well as in resolving civil law disputes related to compensation for moral harm to a citizen who has suffered moral and physical suffering (Articles 151, 1101 of the Civil Code of the Russian Federation). The state of anxiety is a factor that causes suffering in the victim, in connection with which attention should be paid to the content of Art. 117 of the Criminal Code of the Russian Federation, which provides for criminal punishment for torture. The law recognizes mental suffering as one of the constituent elements of torture, which can be caused by a state of anxiety, which is the result of various violent actions, including mental ones, for example, in the form of threats of physical violence, kidnapping of loved ones. Therefore, the establishment of the fact that the victim, as a result of these actions of the defendant, experienced a state of severe anxiety, which caused his mental suffering, can serve as one of the evidence of the latter's guilt under Art. 117 of the Criminal Code of the Russian Federation. The state of anxiety can be determined both by purely external, behavioral signs, and with the help of special psychological tools - psychological tests. Close in psychological content is the state of fear. Fear is a state of mental tension, signaling an imminent impending danger, and this danger is recognized by a person and can be clearly defined. The state of fear, like the state of anxiety, is largely associated with the individual characteristics of a person: heredity and the type of nervous system acquired in the process of life, starting from early childhood, character traits, and age. In other words, the susceptibility to the emotion of fear is individual - some people are more inclined to experience this feeling, others less. But there are also objective reasons that can cause such a state. One of the common causes that cause fear in a person is also physical pain and the negative consequences predicted in connection with it for his life and health. Pain can cause physical suffering, which is further exacerbated by fear. External, behavioral manifestations, a kind of indicators of strong fear are: a frightened facial expression, muscle tension, stiffness of movements and movement disorders, behavioral disorders and the commission of aimless, panicky, ineffective actions. Subjective experiences of fear can be expressed in a disorder of cognitive processes: a decrease in the level and sharpness of perception, a distortion in the assessment of the distance between objects, their size and shape, a violation of thinking, which becomes narrower in volume and more rigid in content, memory - memories of the experience become fragmented, sketchy. Consciousness is narrowed, as a result of which the victims experience confusion, feel stunned, do not fully understand what is happening. Some people in a state of intense fear feel nausea, dizziness, frequent urge to urinate, lose consciousness. Establishing the state of fear of the victim plays a role in the consideration in court of criminal cases on crimes containing threats, intimidation, in resolving civil law disputes on the invalidation of transactions made under the influence of threats, delusions, when the person was not able to understand the meaning of his actions or lead them. Evidence in the consideration of the case may be the fact that the victim or civil plaintiff really experienced a state of fear. The state of fear experienced by a person can be taken into account when resolving issues related to compensation for moral harm to a citizen, assessing the degree of physical and moral suffering (Articles 151, 1101 of the Civil Code of the Russian Federation). In necessary cases, the establishment by means of a forensic psychological examination of the fact that the victim experienced emotions of fear, as well as a state of severe anxiety, can be recognized as evidence of causing him moral suffering. Determining the state of fear is of no small importance in investigating crimes against the life and health of citizens in the course of proving a careless form of guilt, a sudden strong emotional agitation, or affect, or another temporary special state of mind as a circumstance mitigating punishment. A special kind of fear at the level of borderline states of the psyche, neuroses, psychoses are phobias - an obsessive fear of an imaginary threat. In the case of a complete loss of a critical attitude to such fears, an understanding of their inadequacy to the current situation and the unreasonableness of one’s fears, it can already be said that the subject shows signs of delirium, the cause of which is usually a more serious disorder or mental illness. Stress is a state of long-lasting emotion of anxiety or fear, leading to severe mental stress and, as a result, to the restructuring of all mental and physical systems. These concepts characterize the features of mental activity, the functioning of the human psyche in complex, extreme conditions. Extreme conditions require a qualitatively different mode of operation of all body systems, so stress is considered as an adaptive, adaptive psychophysiological mechanism. Such conditions can be both the circumstances associated with the commission of unlawful acts, and the investigation procedure itself, causing a state of mental tension not only for the accused, witness, victim, but sometimes for the investigator, prosecutor, lawyer, judge. Stress can arise under the influence of the monotony of the labor process, prolonged isolation, loneliness, interpersonal conflicts, a threat to life, health, well-being that a person really perceives, as well as a similar threat to his family and friends. Physical stressors can be high temperatures, various types of industrial intoxication, and noise. A distinctive feature of stress is that its signs can be determined not only by psychological, but also by psychophysiological means - under the influence of stress-forming factors, "stress hormones" are produced in the body, which enter the bloodstream and can be detected biochemically. Arising, stress initially mobilizes the internal reserves of the psyche, the entire human body, its adaptive capabilities, volitional, cognitive activity. Due to this, the performance of the subject is improved not only simple, but also more complex tasks. This is the mobilizing effect of stress. However, with prolonged exposure to adverse factors, the protective, adaptive resources of the body are depleted. Prolonged stress leads to a negative result - it has a devastating effect on the body and psyche. The state of stress must be taken into account when considering civil disputes on the recognition of the invalidity of the concluded transaction. The law stipulates the case of the conclusion of a transaction "... by a citizen, although capable, but at the time of its completion in such a state that he was not able to understand the significance of his actions ..." (clause 1 of article 177 of the Civil Code of the Russian Federation), as well as under the influence of delusion (Article 178 of the Civil Code of the Russian Federation). In this situation, there may be a need for psychological knowledge about stress in order to understand the reasons why the subject agreed to conclude a deal on clearly unfavorable terms for him, having lost the ability to predict the adverse consequences of this. When assessing suicidal acts, the behavior of victims in cases of crimes against sexual integrity and sexual freedom of the individual, when there is reason to believe that the victim could be in a mentally helpless state (Articles 131, 132 of the Criminal Code of the Russian Federation), it is necessary to take into account the fact that in a stressful in a person's condition, it is noticeably difficult to assess the strength of a threatening factor. This state must also be remembered when investigating crimes related to exceeding the limits of necessary defense, and industrial accidents related to the activities of a human operator in extreme conditions. Post-traumatic stress disorder. A special type of stress disorder is the so-called post-traumatic stress disorder. Their characteristic feature is that they occur in extreme conditions, covering a large number of people, when their life, health and well-being are in serious, often fatal danger due to exposure to a number of psycho-traumatic factors, and people cannot avoid a traumatic situation and continue to be in it for a long time. Post-traumatic stress disorder can be caused by external factors that go beyond the usual human experience: natural disasters, environmental disasters, military operations, armed attacks, terrorist attacks, they can be triggered by exposure to ionizing radiation, toxic substances. Psychological disorders that arise in these conditions are of a deep nature and can persist for a very long time, and sometimes leave a lifelong imprint on a person. The totality of changes occurring in the described conditions is called post-traumatic stress syndrome. Its distinguishing features are people experiencing states of anxiety and fear, depression, apathy, depression, sometimes giving way to fits of rage; after leaving a traumatic situation, an unreasonable fear of persecution, depression, and fear may persist. Another of the conditions that are important for the consideration of civil and criminal cases is frustration (from Latin frustration - failure, failure, breakdown) - a special mental state caused by the inability to achieve the desired due to objectively insurmountable circumstances or circumstances subjectively perceived as insurmountable. This condition is also called "the stress of a collapsed hope." The described reaction occurs in a conflict as a result of a contradiction between unsatisfied desires and existing restrictions, and restrictions can be both external (prohibitions, spatial or temporal restriction) and internal (contradictions between a desire or a way to achieve a goal and moral norms of a person) . This state is essentially the result of putting an unsolvable or dual, contradictory task before a person, a situation in which, in any case, something will have to be sacrificed. A person's reaction to a frustrating situation can manifest itself in various ways, but this state greatly changes the rest of the feelings, ways of behaving, the train of thought of a person. In the experiment, a situation was artificially created that made it possible to simulate this state. A group of subjects was offered an unsolvable task, and they were motivated to solve it mandatory. The task was that the subjects had to, without the help of any available means, get an object remote from them at a considerable distance, without crossing the chalk line drawn on the floor of the laboratory. Reactions to this frustrating situation were very diverse, which made it possible to identify several leading types: flight - the subjects refused to solve the problem, did not take any action, showed apathy, refused to discuss solutions; aggression - the subjects were angry, cursed, vented evil on the experimenter and other participants in the experiment; phantasmagoria of the solution - the subjects offered fantastic ways to solve the problem that could not be translated into reality; recognition of their own incompetence - the subjects refused to further participate in the experiment, referring to the lack of knowledge and strength. In real conditions, the situation of frustration destabilizes mental activity, which manifests itself in violations of the coordination of efforts aimed at achieving the goal, in cognitive limitations, due to which the subject does not see alternative ways to solve the problem, the inability to postpone his plans and switch to another task, emotional arousal, affectively colored aggressive actions and partial loss of control over oneself and the situation. In situations that generate frustration, typical emotional reactions are: aggression, including in the form of so-called substitutive actions, i.e. actions directed at foreign objects; depression, accompanied by groundless self-accusations, which can develop into auto-aggression with suicide attempts, self-inflicted pain, mutilation. In this case, aggressive actions can move to another, close to the original stimulus, or even to a random object. It is here that one should look for the key to unraveling the aggressive behavior of a person, which is distinguished by inadequacy and lack of motivation incomprehensible to others from the point of view of common sense. Individual tolerance, resistance to frustration largely depends on the nature of the person. Aggressive reactions associated with frustration are more often observed in people who are not restrained in the manifestation of emotions, with a lack of development of will, mentally unstable. Depressive reactions during frustration are more common in people of a neurotic warehouse, unsure of themselves, anxious and suspicious in terms of their character. The destructive effect of frustration on behavior can be exacerbated by alcohol consumption. As frustration increases, aggression increases. In such situations, the actions of the perpetrator may be accompanied by affectively colored emotions of anger, impulsive, erratic actions of an aggressive nature. Frustration can be considered as one of the reasons explaining the aggressive behavior of the perpetrator. Frustration is not a reason to release the perpetrator from liability for the crime committed, but can be considered as a mitigating circumstance when the frustrating conditions were created by the wrongful actions of the victim. The legislator provided the courts with such an opportunity (part 2 of article 61 of the Criminal Code of the Russian Federation). In a number of cases, knowledge of the psychological prerequisites for the emergence of frustration helps to understand the causes, motive forces, hidden motives of some dangerous violent crimes against a person, which, due to their cruelty, at first glance may seem unmotivated. The state of alcoholic or drug intoxication is characterized by disorders of conscious, mental, motor activity, as well as memory, speech, perception. The state of intoxication is almost unpredictable - how a chemical substance will affect a person's mental activity is one of the insoluble questions of psychophysiology. The most unpredictable emotional state of people who have used alcohol or drugs: they can develop the widest range of conditions - from depression to euphoria, from apathy to aggression. Affect - this is a rapidly and violently flowing emotional process of an explosive nature, which can cause a discharge in action that is not subject to conscious volitional control. The concept of passion, along with the concept of a sudden strong emotional disturbance, was introduced by the legislator into legal norms that provide for criminal liability for murder and infliction of grievous and moderate bodily harm in order to differentiate these acts from intentionally committed ones (Articles 107, 113 of the Criminal Code of the Russian Federation). Affect is one of the emotional states to which the attention of lawyers has long been drawn. It is affects that are predominantly associated with shocks - shocks, expressed in the disorganization of activity. Affect may be the result of an emotional breakdown as a result of prolonged exposure to a state of emotional tension, anxiety, stress, fear, frustration. It develops in critical conditions, with the inability of the subject to find an adequate way out of dangerous, traumatic, most often unexpected situations. It should be noted that the legislator focuses on the provoking side of the victim's activity, when his illegal actions lead to the commission of a murder or infliction of grievous bodily harm on the victim. An affect is a mental state that temporarily disorganizes the mental activity of an individual, as a result of which he turns out to be temporarily insane or partially sane. The disorganizing role of affect can be reflected in the work of consciousness, thinking, memory, speech, motor skills of movements - in all basic mental processes and formations. One of the functional manifestations of affect is that it imposes stereotyped actions on the subject, which are a certain way of "emergency" resolution of situations that has been fixed in evolution: flight, stupor, aggression. It is known that other situational emotions, such as indignation, pride, resentment, jealousy, are also capable of "imposing" certain actions on a person, even when they are undesirable for him. In fact, any strong emotional reaction that is out of control of consciousness and will can acquire an affective form. There are two forms of affect: physiological or psychological affect and pathological affect. Psychological affect, despite the unusual form of expression, is a normal mental phenomenon. It must be distinguished from pathological affect, which is studied in psychiatry. The qualifying signs of affect are manifested through its mentally disorganizing properties and are as follows. 1. Disorganization of the motor aspect of activity. In an affective state, involuntary, organically determined reactions are wedged into motor activity. Actions become intense, but the same type and inaccurate. The psyche, as it were, seeks to "break through" stressful conditions, repeating the same actions. The emergence of this kind of action is explained evolutionarily. However, the same stereotyped actions cannot be equally suitable for all situations, therefore, the affective reactions that have developed in evolution to resolve the most common difficulties justify themselves only in typical biological conditions - with a direct threat to life. This explains the often observed senselessness or even harmfulness of actions controlled by affect. Under the influence of affect, the reserve forces of the body are used, a complete mobilization of all physical forces occurs, which leads to the manifestation of unusual, almost "supernatural" abilities of the body. Thus, people under the influence of strong emotions are able to break out the metal windows of airplanes during air crashes, overcome serious obstacles during earthquakes, lift heavy weights, i.e., perform actions that are normally impossible. In some cases, victims under the influence of an affective state are able to resist criminals, far superior to them in physical strength. Excessive intensity of actions, their stereotyping and uncontrollability can create a picture of the commission of a crime (murder or bodily harm) with particular cruelty. The chaotic nature of the multitude of injuries inflicted on the victim by a person brought to an affective state must be differentiated from the fact of real conscious violence. 2. Short-term, explosive nature of emotional discharge. Affect is a short-term process: a high concentration of forces does not allow this state to last for a long time. Its duration is estimated as a period of time from several seconds to several minutes. Then comes post-affective exhaustion of the nervous system, which is accompanied by a breakdown, a decrease in activity, a state of stupor, lethargy, and drowsiness. 3. Subjective suddenness. An affect arises unexpectedly for the person experiencing it. It is impossible to foresee or foresee its coming. It covers a person suddenly, in addition to his free will and for a short period of time. Subjective suddenness also characterizes the uncontrollability of this rapidly developing emotional state. 4. Specific changes in consciousness. The affective state is expressed in inhibition of conscious activity. In a state of passion, a person actually "loses his head", conscious control, volitional function are violated. Affective action is not intentional, it seems to "break out" from a person and is not regulated by him. That is why affect, or strong emotional excitement, is considered as an extenuating circumstance. The narrowness of consciousness is manifested in the concentration of thinking on affectively colored experiences, as a result of which the subject tracks only the nearest goals and makes inadequate decisions. He turns out to be, as it were, cut off from the events of the past and plans for the future, the meaning of his actions becomes momentary, to the detriment of his own interests and plans. This leads to subsequent awareness of the deed, regret about the deed and sincere repentance. Often, the accused, who committed a murder, caused bodily harm in a state of passion, sincerely regretting what happened, seeks to help his victim himself, and this help is also often chaotic, inadequate to the situation and the deed. 5. Decreased emotional-volitional regulation, self-control. The affect has a special criminal legal significance due to the fact that it radically violates normal mental activity, including volitional regulation. It is believed that a person in a state of passion does not have the ability to cope with the accumulated neuropsychic stress. The affect is called physiological because it has a specific basis in the activity of the nervous system and is a normal, natural state. At the level of nervous processes, the following happens: the focus of excitation, created by a strong emotional experience, radiates, the wave of excitation "floods" the cerebral cortex. Reduction (or loss) of volitional control over one's own actions is one of the main qualifying signs of affect. 6. Changes affecting cognitive processes. The state of affect is accompanied by a change in attention and memory. Attention narrows, only a few objects related to acute feelings directly experienced by a person fall into its sphere, all other information is ignored by the psyche. Attention becomes poorly switched: a person seems to be "stuck" on an ongoing event and cannot be distracted. The perception of space and time changes: a person is either unable to determine the time period during which he was in a state of passion, or perceives it as longer. Distances to objects are also sometimes estimated incorrectly. Memory also undergoes changes: as a rule, affect is accompanied by partial amnesia - the inability to consistently and fully restore the picture of what happened. Similar changes are also characteristic of the phase of post-affective exhaustion. 7. Outwardly observable signs. The state of affect arises and lasts against the background of a radical restructuring of the activity of the whole organism, therefore it has external signs that are manifested due to changes in the activity of the autonomic nervous system. These include changes in blood pressure, heart rate, depth and rate of breathing. A change in the blood circulation regime causes changes in the color of the skin of the face - redness or blanching, a change in breathing affects the nature of voice and speech. Speech with affect becomes jerky, with impaired articulation, characterized by frequent repetition of jerky illegible phrases or syllables. At the stage of post-affective exhaustion, it is characterized by a slow pace, lethargy, a person speaks quietly, indistinctly. Facial expressions are also changing: people in a state of passion tend to have a special facial expression, the so-called "affective mask". The probability of developing affect for different people is estimated differently, i.e., the threshold of affective response is different. The development of affect contributes to a number of individual psychological characteristics of the individual. These include the predominance of the process of excitation over inhibition (choleric temperament), emotional instability, hypersensitivity, vulnerability, resentment, a tendency to get stuck on psycho-traumatic factors, high but unstable self-esteem. The appearance of an affective reaction is also influenced by age characteristics, the general psychophysical state of the human body. Fatigue, insomnia, post-traumatic stress, illness, mental disorders violate the stability of the psyche to the effects of an affective situation. In the process of investigating cases involving murder or infliction of bodily harm in a state of passion, in addition to the above, the following components should be analyzed: - the nature of the emotional situation - the objective and subjective significance of the psychological trauma inflicted on the accused; - the nature of the actions of the accused at the time of the commission of the crime and after the commission of the crime; - the attitude of the accused to his illegal actions and the ensuing consequences; - psycho-physiological and individual-psychological characteristics of the personality of the accused; - the psychophysical state of the accused on the eve of the occurrence of an affective reaction. Difficulties for diagnosis are affects that have developed against the background of alcohol intoxication. Psychophysiological affect on the background of mild alcohol intoxication should be distinguished from psychopathic attacks in a state of severe alcohol intoxication and pathological affect that develops against the background of alcohol intoxication. In the structure of affect, there are three main stages, or phases: 1) preparatory - characterized by an increase in emotional tension. The development of this stage is determined by the time of existence of conflict relations, their duration, relevance to the moment in the present. Despite the increase in emotional tension, the first signs of emotional disinhibition, neurasthenic symptoms sometimes do not appear immediately. In connection with the peculiarities of the course of this phase, two forms of affect are distinguished: sudden and cumulative; 2) climax - the shortest stage. This is actually an affective explosion in the form of sharp, disordered, repetitive, stereotyped actions of an aggressive nature. Accompanying signs are narrowness of consciousness, fragmentation of perception, inconsistency, fragmentation of thinking - the decisions made are inadequate to the situation. The volitional regulation of actions and self-control are sharply reduced, the processes of goal formation, motivation are inconsistent, chaotic; 3) the phase of post-affective exhaustion - at this final stage, affective excitation fades, there is a sharp decline, inhibition of physical activity. Due to the significant expenditure of internal energy resources of the body, active forms of behavior are abruptly replaced by passive ones. At this stage, a person feels tired, experiences apathy, confusion, his behavior is inhibited, he reacts slowly to the appeals of others around him, and may fall into a sleepy state. Important is a comprehensive analysis of the so-called affective situation, i.e., the situation that caused an affective reaction. It usually has an unexpected, acute conflict, short-term character: it is accompanied by real or verbal threats, violence, insults against the subject or his relatives. At the same time, the strength of the impact of negative stimuli is determined primarily by the subjective meaning of the events and situations in which a person acts. Suddenly finding himself in a threatening, psychotraumatic environment, the subject feels an urgent need to act, but cannot find adequate forms of behavior. This contradiction between a strong need to act and the inability to quickly choose the most appropriate way to respond is one of the causes of affect. Otherwise, the effect simply may not come. In the course of the investigation of crimes, somewhat different situations may also occur, when the affect does not occur immediately after the first negative impact, but with repeated repetitions of such impacts. In this case, there is an accumulation, an accumulation of experiences that can later cause an affective explosion. It is the repetition of situations that leads to an increase in nervous excitement. It is significant that the last action of the victim may not be as sharp and offensive as it would seem, but it is precisely this that causes the affect. The effect of the "last drop" is manifested, i.e., a trigger signal that leads to an affective outburst can also be a relatively weak effect. This kind of physiological affects are called cumulative, or accumulative. This type of affect causes the greatest difficulties in qualifying and often becomes a source of misconceptions when considering criminal cases on crimes against the life and health of citizens. At the same time, the effect of the "last straw" is largely underestimated by law enforcement officials, who mistakenly believe that a person who was systematically subjected to insults should have gotten used to them to some extent, especially since the last humiliation of his dignity, by its nature, looked, perhaps, even less grievous compared to all that he had already endured. In such cases, the fact is ignored that any mentally normal person with a developed personality is not able to get used to insults and beatings, he can only endure them for the time being. Without noticing this special dynamics of the development of affective tension of a cumulative nature, the justice authorities sometimes cite signs of the development of a cumulative affect in the defendant as confirmation of the absence of a sign of the suddenness of the onset of an affective reaction. With the adoption of the Criminal Code of the Russian Federation, the problem of qualifying murder, causing serious or moderate bodily harm, committed in a state of cumulative affect, receives a more definite resolution. The new criminal law introduced an additional qualifying feature, which was not in Art. 104 and 110 of the Criminal Code of the RSFSR, namely: "a prolonged psycho-traumatic situation that has arisen in connection with the systematic illegal or immoral behavior of the victim" (Articles 107, 113 of the Criminal Code of the Russian Federation). Affective human behavior appears as a holistic mental phenomenon, a kind of symptom complex of behavioral and vegetative-somatic signs, supplemented by subjective experiences, partial changes in consciousness, perception and memory. The totality of all these objective, outwardly observable signs and subjectively experienced sensations makes it possible with sufficient reliability to recognize the actual physiological affect and distinguish it from simulative behavior. Knowledge of the diagnostic signs of passion helps the investigator and the court, by interrogating witnesses, victims, the accused, the defendant, to collect the necessary information to establish the state of passion with the help of a forensic psychological examination. Topic 6. PSYCHOLOGY OF PERSONALITY IN LAW ENFORCEMENT ACTIVITIES 6.1. The concept of personality Speaking of a person, we primarily mean the totality of his psychological traits and moral qualities. The concept of "personality" is considered by a number of humanitarian and legal disciplines and is widely used in everyday practice. We are talking about the strengths and weaknesses, personality traits, personality traits, the formation and maturity of the personality. What is a personality? In the legal sciences, the concept of personality finds a wide range of applications - synonyms for this word can be "subject or participant in legal relations", "citizen", "person", "person of legal capacity and capacity". In psychology, the concept of personality was introduced to denote the totality of individual psychological characteristics; this is a specific concept, narrower than in legal and a number of other disciplines. The legal meaning of the term "personality" is approached by the psychological concepts of the subject and the individual, which are understood as an individual person, without focusing on his psychological characteristics and degree of development. In psychology, a personality is a person taken in the system of his psychological characteristics that are socially conditioned, manifested in social connections and relations by nature, are stable, determine the moral actions of a person, and are essential for himself and those around him. Considering a personality, we always talk about traits formed under the influence of social consciousness and manifested in social interaction, in other words, a personality is a person in society. A person's personality is a product of the process of socialization - the assimilation of the culture of the society in which he grew up. Culture is a receptacle for the results of cognition, forms of communication between people, rules of conduct, aesthetic views, worldview, values, morality and law. Personality is formed in the process of communication with their own kind. Individuals who have grown up outside society (Mowgli children who have not mastered the language and culture) cannot correlate their actions and actions with those accepted in society and, according to psychological concepts, cannot be called mature individuals. A person is always not only guided by his desires and aspirations, but remembers how actions will be perceived by others. Personality covers the entire spectrum of psychological characteristics, ranging from inalienable psycho-physiological features such as temperament and ending with higher mental formations, such as value and moral structures. Personality is not given to us from birth - they do not say "personality" about an infant and a child. The mental properties of a personality - its features and characterological traits - are formed in the course of life, in the process of socialization. Hereditary, innate features of a person are only inclinations on the basis of which mental structures develop. Biological traits determine, but do not predetermine mental properties. Based on the same inclinations, a person can develop different properties - abilities and character traits are formed throughout life, absorbing individual, unique experience gained in the unique conditions of a separate biography. The main character traits (patience, curiosity, compliance or stubbornness), as well as the basic norms of morality, are laid down by the age of 4-5. In childhood, the individual learns the proposed behaviors through copying, blindly, unconsciously. At this stage of personality development, the leading role is played by the parental family or the family of upbringing, that is, the immediate environment of the child, and a little later, the institutions of upbringing - a kindergarten, school, circle or sports section. In the process of growing up, the situation changes: the most important stage in the formation of a personality is the so-called transitional period, which falls on 12-18 years and includes adolescence and youth. At this time, there is an active search for oneself, the process of identity formation - ideas of "who am I?" and "who am I with?". A growing person generalizes knowledge about himself and the world and determines his place in it. Now, any social impact is perceived by a person not passively: it is comprehended in a peculiar way, interpreted, endowed with personal significance, evaluated and ultimately accepted into the personality structure or rejected. If childhood can be called the stage of "passive" socialization, then in adolescence there is a more or less conscious choice of a socialization community. Natural for this stage of development is the removal from the parental family and the beginning of active communication in society. The school team, interest-based communication companies, as well as "significant others" - adults who are authoritative for a teenager, perhaps inaccessible for direct communication, begin to occupy a paramount place. Recently, there has been an increasing role in the socialization of the media and communication. Normally, by the end of adolescence, by reaching adulthood, a mature personality should form - a person who is able to realize his actions, their significance and correlate his actions with the expectations of society. But the development of personality does not end there, it continues throughout a person's life. A mature personality is a person with his own views and beliefs, showing his unique integrity, the unity of socio-psychological qualities in interpersonal and social relations, consciously participating in this or that activity, understanding his actions and being able to manage them. The absence or lack of personality development indicates that the individual cannot fully realize the actual nature and social danger of his actions or inaction and manage them (Articles 21, 22 of the Criminal Code of the Russian Federation) or acts out of frivolity (Article 26 of the Criminal Code of the Russian Federation). 6.2. personality traits The concept of personality usually includes properties that are more or less stable and testify to the individuality of a person. Individuality is those personal properties of a person, such a combination of them that distinguishes this person from other people. Personality is a multidimensional and multilevel system of psychological characteristics that provide individual originality, temporal and situational stability of human behavior. The personality structure includes temperament, character (personal qualities), value structures. Temperament is a characteristic of an individual in terms of the dynamic features of his mental activity: intensity, speed, pace, rhythm of mental processes and states. Temperament is always associated with the organic bases, or physiological characteristics, of the organism. Temperament is important for the regulation of the dynamics of mental activity, which ensures the optimal life of the individual and the preservation of the basic vital constants of the body. The most important place is occupied by the energy aspect of the temperament function: its properties such as emotionality and activity, the energy potential of the psyche. As part of the study of temperament, the following actions are necessarily assumed: four types of temperament are distinguished, the biological foundations of psychological properties are always indicated, a wide range of behavioral properties are included in temperament - from speed of movement to speech features. As one of the criteria for referring to a particular temperament, the level of sensitivity thresholds is distinguished. Temperament itself differs as a certain stable combination of psychodynamic properties manifested in activity and behavior, and its organic foundations. There are three main systems for explaining the organic foundations of temperament: humoral, linking the mental state with the ratio of various hormones - adrenaline, norepinephrine, serotonin; constitutional, based on differences in the constitution of the body - its physical structure, physique, the ratio of individual parts, various tissues; nervous, explaining the connection of temperament with the characteristics of the activity of the central nervous system. In the theory of temperament, there are two of its components - activity and emotionality. The characteristics of the activity of behavior include the degree, vigor, swiftness, speed, or, conversely, slowness, inertia; to the characteristics of emotionality - the features of the flow of emotions, feelings, moods, their sign (positive, negative) and quality (joy, grief, fear, sadness, anger). There are three spheres of manifestation of temperament: general activity, features of the motor sphere and properties of emotionality. Temperament belongs to the primary forms of combining various processes and properties of a person, thanks to which a personality is formed. Being one of the early in origin and simple in structure forms of higher mental synthesis, which form the individual properties of a person, temperament is especially closely connected with the constitution of the organism, which forms its basis. However, temperament itself is a prerequisite and basis for higher-order personal formations, such as character, behavior style. At the same time, temperament is not just a support layer, but also an organic component for many higher integral characteristics of a personality. The ever-increasing ability to accumulate information, its comprehension and awareness of oneself as a subject of activity provide the individual with the opportunity to combine emotional and intellectual activity and thereby consciously control his behavior and his actions. Character is defined as a set of stable properties of an individual, in which the ways of his behavior and emotional response are expressed. Knowledge of character makes it possible with a significant degree of probability to foresee the behavior of an individual, in which, due to the stability of the manifested psychological traits, a certain pattern can be traced. In the structure of personality, character most fully reflects its integrity. Often there is a mixture of character traits with one or another manifestation of temperament. Character and temperament are connected by a single physiological basis, being dependent on the type of nervous system. The formation of character essentially depends on the properties of temperament. Features of temperament can contribute to or oppose the formation of character, but character traits are not predetermined by temperament. Character is formed in the process of life due to the assimilation of social experience, which gives rise to typical character traits determined by the circumstances of an individual life path. Character manifests itself through individual originality, generated by unique situations in which the socialization of the subject, his upbringing, training, and development take place. The high stability of character traits does not exclude its relative plasticity. Among the many character traits, some of them act as leading, others - as secondary, due to the development of leading properties; at the same time, they can both harmonize and sharply contrast with the leading properties, which forms integral or more contradictory characters. Character can be determined by a combination of such states as: - attitude towards other people - gullibility or distrust, truthfulness or deceit, tact or rudeness; - attitude to business - responsibility or dishonesty, diligence or laziness; - attitude towards oneself - modesty or narcissism, self-criticism or self-confidence, pride or humiliation; - attitude to property - generosity or greed, frugality or extravagance, accuracy or carelessness. Character traits help or hinder a person to establish proper relationships with people, show restraint and self-control in solving difficult life issues, and be responsible for their actions and behavior in society. In everyday practice - teaching, communication, work and rest - individual psychological traits are formed and worked out. This mode of action, in unity and interpenetration with the objective conditions of existence, acting as a way of life, essentially determines the way of thinking and motives, the whole structure, warehouse, or mental appearance of the individual. But by themselves, character traits do not unequivocally determine the social position of an individual. Character reveals dependence on the worldview, beliefs and moral principles, it influences the formation of the value system of the individual. The value system is the highest substructure in the integral system of personality. It comes into closest contact with universal human values, norms of morality and law, being in fact formed under their direct influence. Value structures manifest themselves through the moral character of a person. The study of the moral character of a person includes three main questions. The first question is: what does a person want, what is attractive to him, what does he aspire to? It is a question of needs, interests, direction of activity, motivation, attitudes and tendencies, values and ideals. The next question, revealing the peculiarities of moral character: by what means can a person achieve all this? This is a question about moral and ethical qualities, abilities, talents, skills, ways of communication and self-esteem of a person. The last question: what does the result mean for a person? This is a matter of ambition, self-realization, identity, ideas about who he is and what is the meaning of his life. In the process of investigating the identity of the suspects, the following data are collected, which serve as a complete socio-psychological portrait of the described personality: 1) socio-demographic data: time and place of birth, nationality, education, specialty, place and nature of work, position, marital status, housing conditions, financial status, family relationships, bad inclinations of family members; 2) criminal law data (if the person under study is the accused): when and under what article of the Criminal Code of the Russian Federation he was involved, what measure of punishment was imposed by the court, where he served his sentence, if he had several convictions - are there general and special relapses; 3) medical data: the state of physical and mental health, physical and mental health of family members, including parents, heredity; 4) external, or physical, data: height, physique, facial features, voice, manners, clothes, hairstyle, special signs; 5) life path, or biography: where, in what family and when he was born, studied, married, served in the army, where and how he worked, what he was fond of, etc .; 6) lifestyle: family relationships, nature and frequency of contacts with relatives, profession and conditions for choosing it, motivation for choice, status at work, social circle, status in the company, hobbies, political and social activity, ways to spend free time; 7) behavior: moral and legal, i.e. attitude to norms and rules, compliance or non-compliance with them, conditions and motives for violation; behavior in a stressful situation; behavior in a state of frustration; behavior while intoxicated; volitional behavior; 8) personality orientation: the dominant needs are studied - physical, status, sexual, spiritual, aesthetic; worldview - views, beliefs, ideas, attitudes, ideals and heroes, life principles; value orientations - what needs it seeks to satisfy and what ways to achieve the goal it recognizes; 9) abilities: properties of memory, imagination, thinking, special and professional abilities; 10) temperament: the dynamic characteristics of mental activity and human behavior, manifested in their speed, variability, intensity, are investigated; 11) character: a set of stable personality traits is noted that determines the typical ways of its response to life circumstances. The last four points have a purely psychological content. An expert psychologist can solve the problem of compiling a psychological portrait of a person, but a practicing lawyer also needs to have an idea about the main psychological characteristics and how they manifest themselves. 6.3. Deviations in personality development In the development of personality, deviations or accentuations are possible. Personality accentuations are an increase in comparison with others of any of the character traits that creates an imbalance in the personality, complicates social adaptation, causes communication difficulties, but is generally within the framework of the psychological and psychiatric norm. Since character accentuations border on the corresponding types of psychopathic disorders, their typology is based on the classification of psychopathy developed in detail in psychiatry. The types of accentuations basically coincide with the types of psychopathy, but their list is wider. We emphasize once again that the concept of accentuation reflects the properties of the character of a mentally healthy person. The following main types of personality accentuation are distinguished: 1) cycloid - consists in alternating phases of good and bad mood with different periods: from daily fluctuations to intervals of several months; accordingly - the character is cycloid; 2) hyperthymic - this type is characterized by a constantly elevated mood, increased mental activity with a tendency to quickly change cases and topics of conversation, a tendency not to finish what has been started; accordingly - the character is hyperthymic; 3) labile - characterized by a sharp change in mood depending on the situation, dependence on the assessments of others; accordingly - the character is labile; 4) asthenic - such people are characterized by fatigue, irritability, a tendency to depression and hypochondria; accordingly - the character is astheno-neurotic; 5) sensitive - consists in increased susceptibility, timidity, exacerbation of a sense of one's own inferiority; accordingly - the character is sensitive; 6) psychasthenic - characterized by high anxiety, suspiciousness, indecision, a tendency to introspection, constant doubts and reasoning, a tendency to perform ritual actions and observe signs; accordingly - the character is psychasthenic; 7) schizoid - individuals with such an accentuation are distinguished by isolation, isolation from the world, lack of sociability and lack of intuition in the process of communication, introversion, emotional coldness; respectively - the character is schizoid; 8) epileptoid - characterized by a tendency to an angry-dreary mood with the accumulation of aggression, conflict, viscosity of thinking, a tendency to get stuck in psycho-traumatic situations, pedantry; accordingly - the character is epileptoid; 9) paranoid - consists in increased suspicion and resentment, persistence of negative affects, striving for dominance, rejection of other people's opinions and high conflict; accordingly - the character is paranoid; 10) hysterical, or demonstrative, - characterized by a pronounced tendency to repress unpleasant facts and events, deceit, fantasy and pretense used to attract attention, adventurism, vanity; accordingly - the character is hysterical, or demonstrative; 11) dysthymic - characterized by a predominance of low mood, a tendency to depression, a focus on the gloomy and sad aspects of life, regret about the past; respectively - distimic character; 12) unstable - individuals with such an accentuation are characterized by a tendency to succumb to other people's influence, the search for new experiences, a thirst for a change of place of residence, superficial sociability, inconsistency of actions; accordingly - the character is unstable; 13) conformal - consists in excessive subordination and dependence on the opinions of others, lack of criticality in the perception of information, lack of personal initiative, conservatism; accordingly - the character is conformal. As a rule, there are no individuals with pure types of accentuations - these types can be combined or mixed, although not all combinations are possible. Psychological diagnosis of the types and severity of character accentuations is carried out using special psychological tests and universal personality questionnaires, in particular MMPI, the scales of which include zones of normal, accentuated and pathological manifestations of character traits. Personality diagnostics in legal practice has a wide range of applications: it contributes to a better understanding of the roles of participants in a group criminal act, the assessment of the personal qualities of a person that contributed to the commission of a crime, or the qualities of a victim that determine her victimhood, it allows predicting the possible behavior of participants in unsolved crimes, as well as improving the selection process law enforcement officers to their positions. Topic 7. PSYCHOLOGY OF THE LAWYER'S PERSONALITY 7.1. Qualitative characteristics of the personality of a lawyer Any profession imposes certain requirements on the personality of a specialist. There are a number of qualities that an individual must possess in order to successfully cope with the professional tasks assigned to him. The field of knowledge about the properties and qualities of a person necessary for the performance of official duties is called professiography. Psychological professiography deals with the study of the psychological qualities necessary to perform a particular work activity. The result is a generalized psychological portrait of a person who is the most successful in this professional field, which implies the ability to cope with the assigned labor tasks at a high level. The psychological analysis of the professional activities of a lawyer covers the required personal qualities of law enforcement officers, their socio-psychological characteristics and considers individual structural components of their activities. Identification of these structural formations makes it possible to develop a professiogram of law enforcement activity - to describe various objective characteristics of activity and requirements for individual characteristics of a person, to determine a psychogram - professionally significant personality traits of a lawyer - and ultimately to create a reliable system for assessing and selecting candidates for service in law enforcement agencies. The professional activity of lawyers, especially employees of the prosecutor's office and the court, is a kind of public service with specific features inherent in this activity. Knowledge of these features is necessary not only for the development of a lawyer’s work professiogram, but can also be useful for those who seek to obtain a legal education, master the profession of a lawyer, apply their abilities in the field of law enforcement, who must be prepared to overcome the difficulties that they inevitably face. meet in your work. Here, psychological professiography performs a career guidance function. The professional activities of lawyers, especially those who are at the forefront of the fight against crime, in some cases are very stressful, due to the performance of a large amount of complex, diverse work in conditions of an acute shortage of information and time, active opposition from interested parties, often ignoring legal norms. Often, neuropsychic overload is aggravated by violations of the usual daily routine of life, forced abandonment of the usual rest for many people, which sometimes leads to the development of persistent states of mental tension, emotional instability, the appearance of neurotic reactions and various diseases developing on this basis. A competent approach to the organization of work, the use of human resources, personnel placement, planning for staff development, organization of recreation and rehabilitation activities is also important. Any organization must not only find professionals, but also retain them. Thus, the tasks of the psychology of the labor activity of lawyers are reduced to the following main tasks: professiography, vocational guidance and professional selection, labor organization and rehabilitation. 7.2. Requirements for law enforcement officers Despite the variety of law enforcement and law enforcement specialties that put forward somewhat different requirements for the personal qualities of candidates, one can single out common points inherent in investigative, prosecutorial, judicial, and legal advisory activities. Depending on the characteristics of a particular type of activity, the specific gravity, the significance of each individual substructure changes to some extent, however, the basis, the backbone of the psychogram of a lawyer remains unchanged. In order to successfully solve practical problems, it is necessary to determine the requirements imposed by this activity on the psyche, personality of a lawyer, his psychophysiological qualities, which should form the central content of the psychogram of a lawyer’s personality with the definition of clear criteria for his professional suitability or unsuitability for work in law enforcement agencies, various state-legal and other structures. The law enforcement activity of employees of state-legal structures of various official positions is quite clearly regulated. Derogation from his official duties, violation of official powers by a lawyer is considered as a violation of the law, which indicates, first of all, the low level of his professional competence. This circumstance forms the requirement for strict observance of legal norms, which should be organically integrated into the value structures of the lawyer's personality. The need to comply with moral, legal norms is one of the leading, dominant among other socially significant needs that affect the quality of work of employees of legal structures. The stressful nature of the work of lawyers, especially employees of operational and investigative departments, places high demands on human qualities that help overcome destabilizing factors. Applicants for a position in law enforcement agencies must be distinguished by good physical health, endurance, tolerance to long-term psychophysical overload, high performance, have a high level of neuropsychic, emotional stability, which should be considered as the most important factors of their professional suitability. Necessary qualities of a law enforcement officer are independence and responsibility. Thus, the investigator makes all decisions on the implementation of investigative actions independently, except in cases where the law provides for obtaining a sanction from the prosecutor, and bears full responsibility for their legal and timely conduct. The procedural independence of the investigator, prosecutor, judge, within the limits determined by law, implies a high level of responsibility, strong-willed qualities and organizational skills. The ability to work with people is the most important quality that a lawyer should possess. Establishing official and interpersonal contacts with representatives of various state bodies, taking into account the individual psychological characteristics of participants in legal relations, the ability to maintain a favorable psychological climate in the work team, and resolve conflict situations require a lawyer to have a personal high level of communication skills and adherence to the rules of business communication ethics. In many cases, communication as a special type of professional activity acquires an independent character for a lawyer, for example, in a situation of interrogation during a preliminary investigation or in a court session, when a verdict is passed by a court in a deliberation room, during public speeches in front of a judicial audience, during meetings with representatives mass media. At the same time, professional communication as one of the components of legal activity should be considered not only as the actual exchange of information, the formal side of communication, but also as a process of interpersonal interaction - the informal side. The ability to establish interpersonal (psychological) contacts with various participants in communication, communicative competence are qualities that greatly affect the efficiency of lawyers' work, one of the most important factors in their professional suitability. The balance of these aspects of the professional activities of lawyers requires them to have a high level of professional adaptation, personal integration, social maturity; neuropsychic, emotional and volitional stability: intelligence, flexible creative thinking; courage, determination, self-confidence, the ability to take responsibility for decisions made, perseverance with a high level of self-criticism. The personality qualities that form this factor include: a high level of legal awareness, honesty, civil courage, conscientiousness, adherence to principles and intransigence in the fight against violations of law and order, commitment, conscientiousness, diligence, discipline. Opposite qualities testify to the professional unsuitability of a lawyer: immorality, dishonesty, irresponsible attitude to business, indiscipline. Determination of ways to improve the efficiency and quality of law enforcement involves a comprehensive study of individual psychological characteristics, personality traits of a lawyer, their compliance with the requirements of the profession. Establishing clear links between these requirements and the personality traits of a lawyer, identifying individuals who are suitable for this activity in terms of their individual psychological qualities, underlies the optimization of the work of law enforcement officers. Topic 8 8.1. The subject of forensic psychological examination, the grounds and reasons for its appointment The first attempt to conduct a forensic psychological examination (FPE) in Russia was made in 1883. The main task of the SPE is to assist the court, the preliminary investigation bodies in a deeper study of special issues of psychological content that are part of the subject of proof in criminal cases or are constituent elements of civil law disputes, as well as in the study of the psychological content of a number of legal, legal concepts contained in in law. Therefore, the subject of the SPE study is the mental processes, conditions, properties of mentally healthy persons participating in criminal and civil proceedings, the characteristics of their mental activity, temporary (non-painful) changes in consciousness under the influence of various factors, the expert assessment of which is important for establishing the objective truth in the case. In other words, the subject of the SPE is the individual peculiar features of the mental reflection by the participants in the process of various phenomena of the surrounding reality, which are important for the correct resolution of criminal or civil cases. The general grounds for the appointment of any examination, including the SPE, for the implementation of which requires special knowledge in the criminal process, in particular in the field of psychology, are contained in Art. 195 Code of Criminal Procedure of the Russian Federation. Along with the general grounds, speaking of the mandatory cases of an examination (clause 4, article 196 of the Code of Criminal Procedure of the Russian Federation), the legislator indicates that an examination should be carried out "to determine the mental state of a witness or victim in cases where there is doubt about their ability to correctly perceive the circumstances, relevant to the case, and give correct testimony about them. Thus, this implies a wide range of mental phenomena, which are the subject of study not only in psychiatry, but also in psychology. In Art. 421 of the Criminal Procedure Code of the Russian Federation refers to the mental retardation of a minor, not associated with mental illness, as a factor that determines the ability of a teenager to be fully aware of the significance of his actions. The resolution of the Plenum of the Supreme Court of the USSR dated March 25.03.1964, 2 No. XNUMX "On judicial practice in cases of rape" indicates the need for the courts to study the helpless state of the victim, which took place not only due to her physical, but also mental condition, due to which she "could not understand the nature and significance of the actions committed with her, or could not resist the culprit." The civil process also provides for legal grounds for conducting a forensic psychological examination with the involvement of specialists from relevant branches of knowledge, including in the field of psychology, as experts. In practice, when investigating some crimes, investigative situations arise when it is not possible to fully reveal the mechanism of the committed crime, to establish the motive forces that pushed a person to unlawful behavior, to explain the outwardly incomprehensible behavior of the perpetrator in the absence of doubts about his mental usefulness. In such cases, it can be assumed that the subject was in some kind of unusual mental state, since he acted not quite as expected, committed actions that clearly did not meet the requirements of the situation and his interests, inexplicable from the point of view of common sense. The new criminal law contains a broader and, from a psychological point of view, a more specific list of mental phenomena that have criminal legal significance: mental disorders, mental coercion, affect, a psycho-traumatic situation, mental suffering, etc. (more about them in topic 5 ). Some articles of the Criminal Code of the Russian Federation introduce such concepts and categories from the field of psychology as "psycho-physiological qualities" of a person who caused harm in "extreme conditions", "neuro-psychic overload", "reasonable risk", etc. Certain signs of the phenomena mentioned above, revealed in the course of interrogation of witnesses, victims, accused, and manifested in the behavior of these persons, can be considered as a reason for appointing an EIT. For example, when assessing the behavior of a person accused of murder, such a reason may be individual signs of his unusual behavior (increased emotional excitability, fragmentary perception of the situation, outwardly observable signs of a disorder of the autonomic nervous system, speech, etc.). In some cases, the reasons for the appointment of an examination are the doubts of the investigator (court) about the ability of the witness or the victim to correctly perceive the circumstances important for the case, to testify about them, from a psychological point of view, corresponding to reality. One of the most common reasons for the appointment of the SPE is the significant incompleteness of the study of the individual psychological (characterological) characteristics of the subject who has committed a serious crime, the stable motivational and semantic formations of his personality, without understanding which it is impossible to fully understand the reasons for the crime committed by him, to determine the punishment appropriate deed. The assistance of the EIT may also be required in resolving civil disputes. The reason for its appointment in these cases can also be any factual data related to the psychological aspects of the behavior of one of the conflicting parties, for example, data on the reduced intellectual, cognitive abilities of the subject, who, when concluding the transaction, was under the influence of delusion (Article 178 of the Civil Code of the Russian Federation) . Thus, both in criminal and civil proceedings, the reasons for appointing a PPE can be any factual data related to the solution of certain (controversial) issues within the competence of the court, which require a psychological explanation, psychological diagnosis of various manifestations of the psyche of persons , passing on criminal cases, participating in civil proceedings. The reasons for the appointment of an examination must be indicated in the investigator's decision, in the court ruling on the conduct of a forensic psychological examination of the case. 8.2. Methodological foundations of forensic psychological examination, its competence The methodological basis of the SPE is made up of general psychological scientific principles: - the principle of determinism; - the principle of the development of the human psyche in the unity of his consciousness and activity; - the principle of consistency, which involves the study of his mental activity as a whole. The methodology for conducting a PPA in each specific case, taking into account the tasks assigned to it by law enforcement agencies, involves a wide choice of different research methods, which, in particular, include: - studying the materials of the case and other documents related to it; - retrospective psychological analysis (method of retrospective diagnostics) of the event, the behavior of the subject under expert, his mental state based on the diagnostic features of the latter; - acquaintance with the anamnestic data on the personality of the subject; - conversation with him and other participants in the process; - experimental psychodiagnostic examination of the subject using various test methods. The SPE methodology should contain methods that allow obtaining data on the dynamics and content of the general mental development of the subject, i.e., on the formation of cognitive activity processes in him, adaptation to social conditions, activity motivation, on the most pronounced features of his character, features of the emotional-volitional sphere . The competence of the SPE includes the study of various manifestations of the psyche, mental processes, emotional states, individual psychological characteristics of mentally healthy persons (witnesses, victims, accused, defendants, etc.) participating in criminal and civil proceedings, as well as factors of psychological impact on their behavior, on their decision-making in various conflict, extreme situations that have become the subject of consideration by the court. The competence of the SPE also includes the study of "the psychological content of certain legal concepts that describe the behavior of people and its internal mechanisms, fixing temporary mental states, changes in consciousness under the influence of various factors" (MM Kochenov). In particular, when investigating, considering criminal cases in court, the competence of the SPE should include: - establishing the individual psychological characteristics of the personality of the participants in the criminal process, the level of their mental, intellectual development, the presence of certain psychophysiological qualities in them (increased anxiety, suggestibility, impulsivity, etc.), which significantly influenced their behavior in extreme conditions (including when performing any professional duties), in psycho-traumatic (criminal) situations of increased complexity; - diagnosing states of mental tension of a non-pathological nature (anxiety, fear, stress, affect, etc.) that caused the commission of unlawful acts, inappropriate behavior (for example, a victim in a situation dangerous to her life and health, an operator who did not cope with his professional duties, etc.); - study of the motivational sphere of the personality, its constituent psychological motives that prompted the subject to this or that activity; - identification of juvenile delinquents with signs of mental retardation of a non-pathological nature of the ability to realize the significance of their actions and manage them; - establishing the ability of mentally healthy witnesses, victims (taking into account their individual psychological, age characteristics, level of mental development) to correctly perceive the circumstances relevant to the case and give correct testimony about them, which is of no small importance not only for criminal, but also for the civil process. When resolving civil law disputes, the competence of the SPE, as well as in the investigation of criminal cases, includes the study of psychological issues related to the individual psychological characteristics of the personality of participants in civil law disputes, their level of intellectual development, perceptual, cognitive abilities, emotional and volitional sphere , as well as the study of the mental state of some participants in the process. For example, in cases where the issue of recognizing the invalidity of a transaction made by a citizen in such a state when he was not able to understand the meaning of his actions or manage them (Article 177 of the Civil Code of the Russian Federation), or when the subject, as a result of moral harm caused to him, is being considered, he said, he experienced moral suffering and it is necessary to prove that this was really so (Article 151 of the Civil Code of the Russian Federation). Issues resolved by forensic psychological expertise. The most common issues submitted for resolution by the POC are as follows. 1. Questions about mental processes. Assessing the perceptual abilities of a witness (victim, etc.), one cannot but take into account the fact that in the process of storing the perceived information by the subject, it often undergoes a certain processing on a subconscious level. In addition, the retention of information is influenced by such psychological factors as increased suggestibility, the subject's tendency to fantasize (especially in children and adolescents), emotional instability, the subject's desire to fill memory gaps with fictitious images, etc. 2. Questions about mental, emotional states: - whether the accused (defendant) was in a state of passion or in any other emotionally stressed state at the time of the commission of unlawful actions (indicate which ones), what effect it could have on his consciousness, behavior, ability to direct his actions and control them; - what caused him to have an affect (a different emotional state). 3. Questions regarding individual psychological (characterological) features, personality traits: - what individual psychological (characterological) features are inherent in the personality of the subject; - whether the accused (defendant) has individual psychological characteristics (intellectual, characterological, emotional-volitional, motivational, etc.) that could significantly affect his behavior in the situation under study; - whether the witness (victim) has psychological characteristics (increased suggestibility, a tendency to fantasize, etc.) that reduce his ability to correctly perceive events or objects (indicate which ones) and adequately reproduce what he saw (heard). Of course, this is not an exhaustive list of questions. In each specific case, their form, edition within the scientific competence of the SPE may vary depending on the circumstances of the case, the tasks to be solved by the court. It is important to remember that when formulating questions before an expert psychologist, it is necessary to see the psychological content of a particular phenomenon that has become the subject of a trial. 8.3. Preparation, appointment, use of forensic psychological examination by the investigator (court) The quality and effectiveness of the PPA is largely determined by the preparatory work, which includes the following steps. 1. Collection of materials necessary for the examination. The investigator (court), anticipating the possibility of conducting a PEA, directs efforts to obtain objective information about the identity of the accused (victim, witness) and the situation that is important for a comprehensive study of the circumstances of the crime. Information about the identity of the subject. In the course of studying the personality of an individual, information is collected about how he grew up, developed, what adverse hereditary factors are, how and in what specific features of his nervous system, psyche, what diseases were observed in him, mental deviations at different stages of development. Information about the situation that is important for a comprehensive study of the characteristics of the personality of the subject. During the investigation, situationally determined signs are revealed: subjectively perceived as a real threat to life, health, well-being of a person; uncommonness, uncertainty of the situation; adverse social impact, causing a feeling of internal discomfort; public censure, contrary to the subject's assessment of his place and significance in the group, creating a negative emotionally colored background for the perception of reality. 2. Selection of an expert. As a rule, specialists with a higher psychological education working in the field of psychology (having a degree in psychology) are allowed to perform the duties of an expert psychologist. To verify the competence of a specialist, it is necessary to find out in which branch of psychology he works and whether the range of his professional, scientific knowledge corresponds to the content of the issues submitted for examination; what is the length of his work in the field of psychology and expert activities, what are his professional, scientific capabilities. An expert examination should be appointed and carried out in a timely manner, as soon as the investigation or the court has questions that require special knowledge to resolve, and the materials necessary for drawing up a conclusion have been sufficiently collected. In the investigator’s decision, the court’s ruling on the appointment of a PPE, the descriptive part sets out the circumstances of the case, indicates those signs in the person’s behavior, his characterological features that are elements of the subject of legal (general, engineering, etc.) psychology, are considered as a reason for appointing expertise. A similar approach should be taken to drafting a defense motion to conduct an EIT in a case. Interaction and procedural relations between the investigator and the expert psychologist are usually established immediately after the latter has become acquainted with the decision on the appointment of an examination and clarified to him his procedural rights and obligations. The investigator, together with the expert, clarifies the questions, determines the place and timing of the examination. The accused (victim, witness) and the materials of the criminal case with a decision on the appointment of an expert examination are sent to the expert. An expert opinion should contain a psychological assessment of certain phenomena of interest to the judiciary. The use of the expert opinion is preceded by its evaluation by the investigator, the court, who get acquainted with it, paying attention to how it corresponds to the task received. The scientific level of the conclusion, the soundness of the conclusions contained in it, the extent to which the experts used the materials provided, whether exhaustive answers to the questions posed were given; how fully the work done by them is described in the conclusion, what research methods were used. In their opinion, psychologists must not only indicate what research they have conducted and what results they have obtained, but also scientifically substantiate their conclusions. In criminal proceedings, the conclusion of the SPE is used by the investigator (court) in the following cases: - when studying the mechanism of the committed crime. The information contained in the conclusion about the identity of the subject helps to understand the dynamics, motives of the crime, to see the real reasons that contributed to the commission of unlawful acts; - when proving and qualifying the deed. The conclusion of the POC is one of the evidence of the factual circumstances relevant to the case; - if necessary, check the fact of innocent infliction of harm by a person who, although he foresaw the onset of harmful consequences, could not prevent them as a result of the inconsistency of his psychophysiological qualities with neuropsychic overload, extreme conditions in which he found himself; - to establish circumstances mitigating punishment, for example, when a crime is committed under the influence of passion, another state of emotional, mental tension, if the accused (defendant) has signs of mental retardation that do not exclude sanity; - in order to apply fair measures of a criminal law nature in relation to those guilty of crimes, taking into account their personality; - for tactical purposes: to establish psychological contact during interrogation, other investigative actions; to expose the interrogated in a lie, as well as to clarify the reasons for the unintentional distortion of facts by the witness. In civil litigation, the possibilities of the SPE are still insufficiently used. However, here, too, its conclusions can be of significant benefit in resolving disputes about the recognition of transactions as invalid, compensation for moral damage, the right to raise children, etc. Thus, the SPE is an important means of obtaining evidence - factual data on the psychological characteristics, personality traits of the accused (defendant), victim, civil plaintiff, witness. With the help of the SPE, the necessary conditions are created for the most complete study of the subjective side of the crime, an objective assessment of the testimony of witnesses, victims, the accused (defendants), the identification of circumstances mitigating the punishment of the guilty, data characterizing his personality, as well as for establishing the psychological causes and conditions that contributed to the commission crimes. Topic 9. PSYCHOLOGY OF CRIMINAL BEHAVIOR (PSYCHOLOGY OF CRIME) 9.1. General characteristics and psychological characteristics of criminal acts In psychology, activity is understood as one or another (internal or external) activity of a person aimed at achieving a set goal. According to how a person manages his actions, how he controls them, the following actions can be distinguished: - instinctive; - reflex, or actions-reactions; - impulsive; - volitional. Many crimes are committed by persons impulsively, that is, as a result of some subconscious motives and a general personal orientation. In such crimes, the motive coincides with the goal. Impulsive behavior is characteristic of psychopathic personalities who are prone to instant reactions. Impulsive criminal behavior of a person can be caused by a number of reasons: - neuropsychic, emotional instability of the individual; - alcohol or drug intoxication; - psychopathic personality anomalies; - the predominance of emotions over common sense in the current situation. Impulsivity is characteristic of crimes committed in a state of passion, since there are no conscious goals and motives in this state, the habitual behavior of a person changes dramatically. Such a state, arising suddenly as a result of the unlawful actions of the victim, is recognized by law as a circumstance mitigating criminal liability. The state of affect is aggravated by stresses, which are divided into: - informational, arising in conditions of operational and informational overload when performing complex management tasks with a high degree of responsibility; - emotional, which can occur in dangerous situations (with a sudden attack, natural disaster, etc.); - demobilizing, as a result of which the expediency of human actions is violated and the possibilities of speech worsen. 9.2. Psychological analysis of criminal behavior Behavior is an external manifestation of human activity, actions, the process of interaction with the environment, mediated by its external (motor) and internal (mental) activity. The subject of a special study of legal psychology is illegal, criminal behavior. The literature often uses the terms "criminal behavior" and "crime" as synonyms, which can hardly be considered justified. Criminal behavior is a broader concept, including not only the crime itself as a socially dangerous, illegal act (action or inaction), but also its origins; the emergence of motives, setting goals, choosing means, making various decisions by the subject of a future crime, etc. Analyzing criminal behavior from the psychological side, one should see not only the crime itself, but also its connections with external factors, as well as internal, mental processes and states that determine the decision to commit a crime, direct and control its execution. If we schematically imagine the process of formation and manifestation of the criminal behavior of a subject who has intentionally committed a crime, then such a process can be conditionally divided into two main stages. The first stage is motivational. At this stage, the subject, under the influence of the need that has arisen, forms a very active need state, which can then turn into the motive of illegal behavior, especially in cases where the need that has arisen cannot be realized in a legal way. At this stage, there is often a struggle of motives. The process of motivation, the content of which is the struggle of motives for committing a crime, is accompanied by the processes of goal formation, the choice of an object on which the subject plans to direct his criminal actions. Initially, motives and goals may not coincide, but later a shift of motives to the goal is possible. The completion of this stage is forecasting, which proceeds either in an expanded form with the mental playing of roles-images, or in a compressed, collapsed form. Then comes the decision. After the decision is made, the conditions under which illegal actions will be committed are assessed, in terms of how much they will contribute to the achievement of the goals set, means and methods, tools for committing a crime are searched for and selected. In the case of an impending group crime, roles with their functional duties are distributed among its participants. The problem of the emergence and formation of motives for illegal behavior is multifaceted. Of particular interest are the most general patterns of the emergence and formation of motives for a crime. At the same time, the following most important stages can be distinguished in the motivational process: 1) the emergence of a need as a source of personality activity. The emergence of motives for any, including illegal, activity, as a rule, is preceded by the appearance of a certain need. At first, this need can exist regardless of those objects with the help of which it can be satisfied, then, as a result of the subject experiencing the emerging need as his own, personally significant, a special need state that is relevant for this subject appears. The need itself, for example, for material prosperity, cannot be evaluated negatively. It is a different matter when the same need is deformed under the influence of negative environmental influences and an antisocial worldview that justifies theft, abuse of official position; 2) the transition of a need into a motive for unlawful behavior. The same need for the consciousness of different people is evaluated differently. The subjective significance of a need may not coincide with its objective significance in the public mind. Depending on what value a particular person attaches to it, it either becomes a motivating force (motive) or gradually loses its actual meaning. The process of transforming a need into a motive for criminal behavior is seriously influenced by a specific life situation in which a person actively seeks to satisfy this need. Thus, in the process of forming a motive, a kind of triangle can be traced: need - personal meaning - a situation, the elements of which constantly interact with each other. The situationally determined development of motivation also takes place in criminal behavior. This situation is called criminogenic. The reasons for the formation of a criminogenic situation are as follows: uncertainty, unpredictability of the development of an event, the behavior of various persons; extremeness, the transience of ongoing events; the conflict nature of the relations of the parties with the presence of provocative elements, for example, in the form of the wrongful behavior of the victim; lack of control, lack of proper order, discipline, etc. The situation before committing a crime is usually a situation of moral choice, inextricably linked with the ideological certainty of a person's decision. For example, for a person with high moral attitudes, the mere fact of the absence of constant control over him is practically irrelevant. However, for a subject with an antisocial orientation, this fact will become a component of a criminogenic situation. An important place in the process of formation of motives is occupied by psychological mechanisms of goal formation. The purpose of actions in comparison with motives is always more objective, more naked and tangible. In the mind of a person, his needs, and his aspirations, interests are accumulated in it, as it were, and the motives themselves are shifted to the goal of the activity. After the decision is made, the motivational stage is replaced by the second stage - the implementation of the decision: illegal actions are committed and, as a result, a criminal result occurs, which may not coincide with the previously intended goal. The goal may be "under-fulfilled", "over-fulfilled", or there is a side effect that was not covered by the goal at all. The processes listed above are completed by the guilty person assessing the result achieved, predicting his further behavior during the preliminary investigation and at trial. Analyzing the mechanism of criminal behavior, one cannot ignore such important factors that determine the behavior of the subject as features, properties of his personality (orientation, worldview, value orientations, social attitudes, level of legal awareness, individual psychological characteristics, character) and the impact of the social environment on the formation of his personality. and behavior both before the occurrence of a criminogenic situation, and directly during it. Certain psychological features of criminal behavior have the so-called "motiveless" crimes. Such a name is very arbitrary and does not reflect the complete absence of a motive in the actions of the perpetrator, which is excluded in itself, since we are talking about the conscious activity of a mentally healthy person. The first group of unmotivated intentional crimes consists of crimes that outwardly differ in senselessness, incomprehensible at first glance, excessive cruelty towards the victim. This impression is exacerbated by the clearly inadequate nature of violent acts in relation to the insignificant reason for their commission. The second group of unmotivated crimes is formed by crimes of a violent nature, arising by the mechanism of displacement of aggressiveness in a state of frustration. These actions may even be in the nature of auto-aggression, and then the investigator has to deal with suicidal behavior. When committing careless crimes, the mechanism of criminal behavior discussed above is of a collapsed nature. If in intentional crimes the motive and goal are directly related to the result, then in careless crimes there is a gap between the motive and goal of the subject's unlawful behavior, on the one hand, and the result, on the other. This gap is filled by the motive and purpose of violations of certain rules of behavior allowed by the subject, objectively aimed at preventing grave consequences that, in the subject's mind, may or may not occur. This manifests the volitional nature of the unlawful behavior of the subject and his individual actions related to his non-compliance with certain mandatory prescriptions. It should also be remembered that the lack of motivation to achieve a criminal result in reckless crimes does not generally exclude the motives for unlawful behavior, which ultimately resulted in this result. Thus, the motive is inherent in any volitional, and consequently, any criminal behavior, regardless of the form of guilt. But, since with a careless form of guilt, the consequences that have occurred are not covered by the desire of the guilty person, one should distinguish between the motives of intentional crimes and the motives of behavior that objectively led to socially dangerous consequences in careless crimes. Topic 10. PSYCHOLOGY OF THE PERSONALITY OF THE CRIMINAL 10.1. The concept, the structure of the personality of the offender The concept of "personality of the offender" is multifaceted, with a pronounced interdisciplinary character, it is studied by psychologists and lawyers involved in the development of issues related to criminal law and criminal procedure, criminology and forensic science. The concept of the identity of a criminal includes a complex of socio-demographic, socio-role (functional), socio-psychological features that are to some extent associated with a criminal act, characterize its social danger, and explain the reasons for its commission. In legal psychology, the personality of the subject who committed the crime is studied in order to assist law enforcement agencies: - when making decisions of a criminal law, criminal procedural nature (when qualifying unlawful actions, choosing a measure of restraint for the accused, determining the measure of punishment for the defendant, taking into account the nature of the crime committed and the characteristics of his personality); - when choosing optimal tactical decisions, tactical combinations and methods of influencing a suspect, accused (defendant) in various investigative situations; - in the course of establishing certain circumstances to be proved, in particular the motives for the crime, circumstances characterizing the personality of the accused (defendant), victim, etc.; - when studying the causes of committed crimes (by types of criminal attacks, by persons who participated in their commission, etc.); - in order to determine measures of educational influence on the personality of those who committed a crime and need re-education. At present, in the scientific literature, the most widely used approach to the study of the personality of a criminal, which assumes the presence of the following two large subsystems in it, combining various smaller signs, individual characteristics of the personality, namely: socio-demographic and socio-psychological subsystems of the personality of the criminal. The socio-demographic subsystem of the offender's personality includes: gender, age, marital status, education, professional affiliation, occupation, social, financial status, criminal record (other connections with the criminal environment). This also includes signs that characterize the personality of the offender in terms of the performance of certain functional role duties. For example, among criminals there are significantly more men than women. Representatives of the age groups from 25 to 29 years old are distinguished by the highest criminogenic activity, followed by 18-24-year-olds, 14-17-year-olds and, finally, 30-45-year-olds. The bulk of crimes such as murder, intentional infliction of grievous bodily harm, robbery, robbery, theft, hooliganism, rape, are committed by persons under 30 years of age. Many of those who committed hooliganism, robbery, robbery, theft often changed jobs, periodically had long breaks in their work, that is, they did not engage in socially useful work. The lowest level of education was registered among persons guilty of committing violent, violent and acquisitive crimes, hooliganism; the highest - among those who committed malfeasance and theft by appropriation, embezzlement or abuse of trust, etc. The greatest criminogenic activity of younger people is largely due not only to their greater activity, but also to a large extent to the social immaturity of their personality. The analysis of socio-demographic characteristics helps to better understand the process of socialization, the formation of various psychological characteristics in people under the influence of social conditions, which should be paid attention to during the investigation of crimes. Socio-psychological subsystem of the offender's personality. The psychological structure of the personality is formed by four main structural elements: 1) a substructure of orientation in the form of a set of the most stable, socially significant qualities of a person (worldview, value orientations, social attitudes, leading motives, etc.) associated with a person’s sense of justice; 2) substructure of experience, including knowledge, skills, habits and other qualities that are manifested in the choice of leading forms of activity; 3) a substructure of mental forms of reflection, manifested in cognitive processes, mental, emotional states of a person; 4) the substructure of temperament and other biologically, hereditarily determined properties that, along with social factors, influence the formation of a person's character and abilities. The essential difference between all these structural formations of the personality of a criminal from the structural formations of the personality of law-abiding citizens is that many of the constituent features, personality traits (especially those that have been formed under the influence of social conditions) characterize the personality of the criminal from the negative side, making it more susceptible to the effects of criminogenic factors. In the new criminal legislation, more attention is paid to the socio-psychological qualities of the personality of the subjects of various crimes. Separate mental phenomena, the state of the psyche of persons committing criminally punishable acts, are directly indicated in the criminal law, introduced into some offenses. Therefore, we can talk about a certain psychologization of individual institutions, principles (justice, humanism, etc.) and even the norms of criminal law. For example, the legislator introduced such mental phenomena into criminal law as: mental disorders that do not exclude sanity (Article 22 of the Criminal Code of the Russian Federation); the inability of a juvenile delinquent to fully realize the actual nature and social danger of his actions or to manage them due to a lag in mental development (Article 20 of the Criminal Code of the Russian Federation); frivolity (Article 26 of the Criminal Code of the Russian Federation); psychophysiological qualities of the personality of the subject who committed a dangerous act that did not meet the requirements of extreme conditions or neuropsychic overload (Article 28 of the Criminal Code of the Russian Federation); the concept of mental coercion that impedes the processes of the will of the victim (part 2 of article 40, paragraph "k" of part 1 of article 63 of the Criminal Code of the Russian Federation); the concept of risk (Article 41, paragraph "g" Part 1 Article 61 of the Criminal Code of the Russian Federation); special cruelty, cruel treatment as a means of committing a number of crimes; affect as one of the extreme states of the psyche, a long-term traumatic situation, etc. Consideration of the socio-demographic, socio-psychological characteristics of the offender's personality involves an analysis of the so-called mental anomalies, i.e., deviations from the average mental norm, largely related to the type and properties of the nervous system, which are determined by hereditary factors. Under certain favorable conditions, mental anomalies of a particular person can serve as a condition for his criminal behavior, while mental anomalies themselves are not criminogenic. Mental anomalies include: - various psychopathy; - sexual anomalies; - oligophrenia. Psychopathies impede the social adaptation of the individual, and in the event of psychotraumatic circumstances, they lead to various kinds of offenses. It is obvious that psychopathy is caused by socially unfavorable factors, the development of such a process can be stopped if there are favorable social conditions. Basically, scientists tend to distinguish four types of psychopathy: - asthenic psychopaths - their behavior is characterized by constant timidity, anxiety, various obsessions; - excitable psychopaths - are characterized by increased demands on others, pettiness, dominance, excessive aggressiveness when angry. Often their viciousness can lead to drunkenness, vagrancy, and sexual perversions; - hysterical psychopaths - their behavior can be described as a demonstration of their superiority; - paranoid psychopaths - they are constantly in a state of struggle with non-existent enemies, hence their love for litigation and anonymous denunciations. Criminal behavior in all psychopaths may be due to a lack of self-control in extreme situations. Sexual anomalies, depending on the behavior of the individual, are divided as follows: - hyperlibidomy, which turns sexuality into the meaning of life, which leads to frequent changes of partners and promiscuity; - hypolibidomy, mainly caused by failures in life, which leads to a decrease in sexuality. Oligophrenia is acquired or congenital dementia, its varieties: - debility (mild dementia); - imbecility (average degree of dementia); - idiocy (deep mental retardation). Scientists have noticed that the criminogenic nature of mental anomalies is associated with a certain degree of narrowing of consciousness, leading to a violation of the mechanisms of psychological defense, readiness at the slightest opportunity for a mental breakdown. Such states are often accompanied by a narrowing of consciousness, a disorder of logical thinking, an increase in suggestibility and autosuggestibility, obsessive states, and hence conflict interaction with others. Thus, the conflict of behavior is the main feature of mentally abnormal individuals, and that is why they are referred to as a special criminogenic type. In this regard, it is obvious that mental anomalies are associated with the difficulties of social adaptation of the individual, his low ability to manage his actions and give an account of them. Among the perpetrators of violent, mercenary-violent crimes, very often there are persons with increased aggressiveness, spiteful, cruel. The concept of "aggression" and its derivatives - "aggressiveness", "cruel treatment" and "cruelty", "special cruelty", used in the Criminal Code of the Russian Federation, are close in meaning to each other, but have different content. When assessing the nature, the level of aggressiveness of the actions of the perpetrator, attention should be paid to such an important criterion as the "norm of aggression" - a concept derived from the level of socialization of the individual, the orientation of the subject to cultural and social norms of behavior, traditions that exist in that social, cultural, ethnic environment in which his personality, value orientations, legal consciousness were formed. Aggressive actions are often accompanied by manifestations of cruelty or even "special cruelty", which, along with "cruel treatment", is referred to in criminal law. According to its original meaning, cruelty implies the absence of pity, compassion for the victim, against whom aggressive actions are committed. In a broader sense, the words "cruelty" and "aggression" (and this makes them related) are a way of implementing violence. But compared to aggressiveness, cruelty is a narrower concept. Thus, cruelty, like aggressiveness, can be considered as a personality trait, a character trait of an individual, which manifests itself in cruel treatment of the victim, in cruel actions towards him. 10.2. Typology of the offender's personality The main goal of creating various typological variants of the offender's personality is to assist law enforcement agencies in studying individuals in this category, the causes of their crimes, in developing the most effective tactical and psychological techniques and methods for exposing their criminal activities, and subsequently having an educational impact on their personality. . The personality of the subject who committed the crime is characterized by a combination of a number of features that are the basis of the typology of persons who have committed crimes. According to the object of encroachment, the nature of criminal acts, there are three largest typological groups of criminals: - selfish; - violent; - mercenary-violent. According to the nature, the degree of public danger, criminal types are divided as follows: - a random type that unites persons who have committed a crime for the first time as a result of a random combination of circumstances with a general socially positive orientation of the individual; - situational personality type of criminals who committed a crime under the influence of unfavorable conditions for the formation of their personality, however, in general, they are characterized more positively than negatively; - unstable type, which includes persons who also committed a crime for the first time, but who had previously committed various kinds of offenses, immoral acts; - malicious type, including persons who have committed two or more intentional crimes; - a particularly dangerous personality type of criminals recognized as dangerous or especially dangerous recidivists for committed serious crimes, etc. (more on this in Article 18 of the Criminal Code of the Russian Federation). It is also possible to develop other typological variants of the personality of criminals, for example, according to the subjective side, depending on the form of guilt (a crime was committed intentionally or carelessly, etc.). In the course of studying the psychological characteristics of persons who have committed various criminal acts, attention is drawn to such an integrative personality quality as social adaptability, which affects human behavior in a variety of situations, including criminal situations. From this point of view, perpetrators of crimes can be conditionally divided into two large groups, two main types: a socially adaptive and a socially maladaptive personality type, with intermediate options identified. The level of social adaptability of a person is determined by the following factors: - neuro-psychic, emotional-volitional stability of the personality; - intellectual level of development of the subject; - the motivational sphere of the personality, which includes not only the motives for achieving, avoiding failure, but also such more complex formations as value orientations, the worldview basis of the personality. The socially adaptive personality type of a criminal is distinguished by a high level of neuropsychic, emotional and volitional stability, resistance (tolerance) to stress, long-term psychophysical overload, a sthenic type of response in difficult, critical situations, developed adaptive properties of the nervous system: strength, mobility of nervous processes . These qualities can be enhanced by a well-developed intellect, which allows the subject to successfully master one or another way of committing crimes, flexible thinking, quick wits, a pragmatic mindset, the ability to predict the development of events not only at the time of the crime, but also subsequently, in situations of active opposition to the efforts of law enforcement organs. Such persons often have a fairly wide range of interests (and not only in the criminal sphere), a good memory, developed attention and imagination, and heightened perception. In addition, subjects attributed to this type often have a high (overestimated) level of claims, which sometimes leads them to overestimate their strengths and capabilities and can serve as one of the reasons for errors in their opposition to law enforcement officials. The motivational structure of the personality of this criminal type, as a rule, is dominated by achievement motives, value orientations that allow them to consciously ignore social norms, generally accepted rules of behavior, and transgress the unlawful. Therefore, a characteristic feature of such persons is a low level of normative behavior corresponding to the same level of legal consciousness. The totality of the personality traits noted above allows representatives of this type to remain unexposed longer than other offenders, to thoroughly acquire criminal experience, skillfully using it in their criminal activities, and to acquire the appropriate criminal qualification. This type of personality is common among professional criminals, leaders of organized criminal groups, active participants in the commission of group crimes, leaders of organized criminal communities, gangster formations. If we use the above typology, we can say that a high level of social adaptability distinguishes, first of all, persons classified as malicious and especially dangerous criminal types. Persons who can be attributed to the socially maladaptive personality type of a criminal are distinguished primarily by low emotional and volitional stability, reduced resistance to stress, neurotic symptoms, pronounced accentuated character traits for hyperthymic-unstable, epileptoid and some other types, mental anomalies, psychotic disorders, psychopathic personality traits. The inadequately developed social-adaptive qualities of such persons, the reduced threshold of their neuropsychic stability can be aggravated by insufficiently high intelligence and poorly developed predictive abilities. The behavior of such subjects is largely due to rather primitive needs (to spend time in constant entertainment, accompanied by the use of alcoholic beverages, drugs, etc.). The interests, value orientations, worldview basis of such persons are characterized by lack of spirituality, primitiveness, and the absence of high ideals. Therefore, it is difficult for them to orient their actions and behavior towards the achievement of more significant goals in comparison with the satisfaction of momentary needs. And since such needs cannot always be satisfied, all this contributes to the appearance in such persons of an uncontrollable state of frustration, increased aggressiveness. A low level of social adaptation can be observed in persons classified by criminologists as unstable, as well as situational types of criminals, who often find themselves at the mercy of circumstances that are difficult for them to control, while maintaining proper emotional and volitional stability, self-control over their actions and behavior. Therefore, such persons more often than others are under the strong influence of affectively colored states, emotions of anger, frustration, etc. It should be noted that the typological properties of those who commit crimes have varying degrees of severity, various combinations. Therefore, we can talk about intermediate or mixed types of criminal personality. Topic 11. PSYCHOLOGY OF GROUP CRIMINAL BEHAVIOR (PSYCHOLOGY OF A CRIMINAL GROUP) 11.1. Concept, types, psychological characteristics of the group In social psychology, there are different views on the concept of "group". In the context of the problems studied by legal psychology, of greatest interest is the definition of a group as a real-life formation in which people are together, in identical conditions, united by a common, joint activity and are aware of their belonging to this formation. According to the number of people included in groups, social psychologists distinguish between large social groups (macrogroups) and small groups (microgroups). A small group arises, as a rule, on the basis of joint activities, common interests of a small number of people, between whom direct personal contacts are maintained. Members of such a group are in constant communication with each other. This leads to the formation of group attitudes and norms of behavior. It is believed that the most common micro-groups, consisting of about seven people. In turn, small groups are divided into formal and informal, membership and reference groups. Unlike formal groups, the structure of which is determined from above, informal groups are formed spontaneously and can exist within a larger group. The subject may not even be a member of the reference group, but he is so focused on the opinions and views of the group to which he refers himself that they significantly affect his motivational sphere, actions, and behavior. The significance of the group in the relationship of people lies in the fact that it acts as the subject of a certain type of activity (including illegal) and, therefore, is included in the system of certain relations that exist in society. The commonality of the content and forms of activity of people united in a group also gives rise to a commonality of the group consciousness of its members. In social psychology, the main characteristics of a group are: - its parameters (composition, structure); - intragroup, interpersonal processes; - group norms and value orientations; - system of sanctions; - the content of the functional duties of the group members in the course of their joint activities; - the nature of interpersonal, role-playing relationships of group members in the dynamics of group life. Any small group from the point of view of its structural construction can be represented as three main layers: the core, which includes the leader of the group and his immediate environment; the main layer, covering its other members, connected by joint activities, having common views; the outer layer of persons who mainly maintain only emotional contacts with each other, sympathize with each other. Each level (layer) of the group structure corresponds to one or another degree of cohesion of the group members. The highest level of group cohesion corresponds to the core of the group. Speaking about large public groups of people (macrogroups), one should remember the extremely important role in the dynamic processes within such communities of people of national customs, habits, socio-cultural, religious traditions, social attitudes. All these factors actively influence the individual consciousness of a person, his behavior in a group. Their role is especially great in causing panic, riots, conflict situations on national and religious grounds, in a situation close to combat conditions, in areas of mass, natural and other disasters. 11.2. Psychological and legal assessment of the illegal activities of organized criminal groups In modern conditions, more favorable prerequisites have developed that make it possible to much more accurately differentiate various forms of group, organized crime, various types of criminal groups, organizations, communities than it was before the introduction of a new criminal law - the Criminal Code of the Russian Federation. The simplest type of criminal formations is usually referred to as so-called random criminal groups, consisting of two or more perpetrators who commit crimes without prior agreement, having the lowest level of psychological cohesion, which arose by chance, often in an unexpected situation (see Part 1 of Art. 35 of the Criminal Code of the Russian Federation). In groups of this type, there is no clear psychological, functional structure, a leader has not yet emerged, decisions by accomplices in a crime are often made under the influence of a spontaneous situation, under the influence of emotions, mood, and a sense of solidarity among co-perpetrators. That is why the participants in such joint criminal activity commit crimes without prior agreement, without the distribution of roles and functional responsibilities, without a premeditated plan - as they said before, en masse, that is, together, together. The next variety of criminal groups singled out by the legislator include groups such as a company, consisting of two or more persons who, in advance, by prior agreement, agreed to jointly commit a crime (see part 2 of article 35 of the Criminal Code of the Russian Federation). Such conspiracy occurs regarding the place, time or method of committing a crime. This form of participation can be combined with both ordinary co-performing and with the distribution of roles. Such groups usually arise from random groups, especially if the latter manage to remain undiscovered. In such a group, although its structural elements and the system of subordination have not been fully formed and there is still no leader (leader) unequivocally recognized by all, nevertheless, the leading core is already distinguished from its most active members, the significance of the relationship between members of the group increases in connection with the commission their crimes. However, members of such groups do not yet feel the urgent need for a more complex organization. Their interpersonal relationships are built mainly on personal preferences and sympathies, emotional ties. This type of criminal group is intermediate between random and organized criminal groups. An organized criminal group is a more perfect, and therefore more dangerous form of a criminal association, since it is a stable group of people who have united in advance to commit one or more crimes (part 3 of article 35 of the Criminal Code of the Russian Federation). An organized stable group (or grouping) has a clearly defined hierarchy. The composition of such criminal groups (gangs) can reach up to several dozen members. The group has a leader, a leading core, consisting of several people, the principle of unity of command is strictly observed. The ringleader plans and prepares crimes, distributes roles among the participants. Depending on the nature of the criminal activity, the group is divided into several links that ensure its vital activity: militants, cover groups, intelligence officers, etc. The organizer, as a rule, the members of the group (group) know by sight. A striking example of such an organized, stable group is a gang, i.e. an organized, stable armed group of two or more people who have previously united to attack citizens or organizations. A characteristic feature of a stable organized criminal group (gang) is also the violent, coercive nature of the attitude towards persons seeking to get out of its influence. Any criminal group is accompanied by mutual responsibility among its members, the essence of which is mutual support for each other in order to counteract the efforts of law enforcement agencies. The most perfect criminally, and therefore the most dangerous form of an organized criminal formation is a close-knit organized group (organization) created to commit grave or especially grave crimes (part 4 of article 35 of the Criminal Code of the Russian Federation). Such a formation is distinguished by even greater cohesion, which becomes its necessary feature. It is characteristic that with the development of interpersonal relations in a constantly functioning organized criminal group, personal contacts on an emotional basis, on mutual personal sympathy, gradually become unnecessary and, as a result, are replaced by purely criminal, purely business relations based solely on the interests of joint criminal activity. The next type of even more organized criminal formations are criminal communities (criminal organizations), as well as various kinds of associations of organized criminal groups created to commit serious or especially serious crimes (part 4 of article 35 of the Criminal Code of the Russian Federation). The expansion of the scale of criminal activity leads to the formation of such criminal communities, organizations of a criminal type, which, in turn, requires the involvement of an increasing number of participants specializing in various types of activities that support the criminal business, the creation of their own management structures, analytical units, their own intelligence, services "security", economic support. Gradually, an extensive corrupt network emerges. Psychological characteristics of the personality of the most active members of organized criminal groups. The vast majority are males with an average age of 22-35 years. At least half of the members of such groups had previous convictions, they are distinguished by all or almost all signs of criminal professionalism. These signs include: - stability of criminal occupation with the corresponding criminal specialization; - a sufficiently high level of possession of criminal knowledge and skills (criminal "qualification"); - criminal activity is the main source of livelihood; - strong ties with the asocial environment. Thus, a professional criminal is a person who systematically engages in criminal activity using criminal knowledge and experience, which is sustainable and serves as the main source of livelihood. It is professional criminals who, as a rule, become organizers, active participants, and perpetrators of the crimes committed. The leading character traits, the motivational sphere of such persons are: the violent and selfish orientation of their personality, interests, aggressiveness, cruelty, cynicism, sometimes exceptional audacity, willingness to take risks and self-sacrifice, disregard for the benefits of others, which they encroach on. Among the participants in organized criminal groups, the figure of the leader (leader, leader), often having the criminal status of a thief in law, as well as his inner circle, consisting of the most active, authoritative members of the group, stand out. According to their personal qualities, the leaders of organized criminal groups (formations) are distinguished by criminal experience, good physical data, entrepreneurial spirit, quick wit, determination, risk-taking, the ability to quickly navigate in a new environment and make decisions in difficult situations, subjugate others to their will, and the ability to ensure secrecy. impending crimes. However, the constant danger of being exposed forms in many of them such character traits as heightened suspicion, vindictiveness, and uncompromising cruelty. Among the leaders of organized criminal groups there are various types. The most dangerous and psychologically strong type is the leader-inspirer, who, for the security of the criminal group, acts as a kind of "criminal" adviser, warning its members against the most reckless steps and at the same time exerting a strong influence on them, stimulating their determination to commit a crime. The central figure, according to criminologists, is the leader-organizer, representing a consistently criminogenic personality type, characterized by a high degree of antisocial orientation, an extremely negative personal orientation, who not only uses or looks for a suitable situation for committing crimes, but also creates it, actively overcoming obstacles. Other, mixed types of leaders are also widespread, simultaneously performing the roles of inspirer, initiator, organizer, and even perpetrator of crimes. Currently in our society there is a process of transformation of criminal formations. There is a further professionalization of the members of these organized criminal groups, their strengthening, complication of the structure, there is an even greater level of their armament, the commercialization of their activities, a criminal lobby appears. Among organized criminal groups, further division of labor, spheres of influence, division of territories continues. Topic 12. COGNITIVE SUBSTRUCTURE OF LAWYER'S PROFESSIONAL ACTIVITY 12.1. Psychology of the scene inspection Inspection of the scene of the incident is one of the most common and at the same time the most responsible investigative action, primarily because of its uniqueness. The scene of the incident is the most important source of information about the psychological characteristics of the offender's personality. The actions of the offender at the scene of the incident reveal the features of his mental processes (perception, memory, thinking), the mental state when committing a crime, various mental properties of his personality: temperament, character, abilities, skills, abilities, attitudes, motivation features. The needs of the offender, the orientation of his personality towards their satisfaction, the motives that prompted him to commit the crime are most clearly reflected in the situation of the scene of the incident. The skills, abilities, psychomotor skills, intelligence of the criminal, i.e., that individual style of activity based on the typological properties of the nervous system, which makes it possible to judge the habits, occupations, and professional affiliation of the wanted subject, are quite clearly manifested in the methods of committing and concealing a crime. Since crimes are committed under the influence of various subjective and objective obstacles on the psyche, such as, for example, the fear of being caught at the scene of the crime, lack of time, the efforts necessary to overcome the victim’s unexpected resistance, and others, all this causes the unpredictable in its own way. intensity is a state of excessive neuropsychic, emotional tension. As a result, the flexibility of mental processes is violated, the field of perception is partially narrowed, attention to one's actions and the accompanying changes in the material environment is weakened. For this reason, the probability of committing so-called erroneous actions, which were not included in the scenario of their behavior thought out in advance by the criminal, sharply increases. The connection of the offender with the scene of the incident is far from unambiguous. Not only the offender modifies the situation at the scene, but the circumstances of the crime themselves (including the scene of the crime) subsequently affect his psyche for a long time, exerting a strong influence on consciousness and behavior, violating adequate forms of response to various, sometimes even neutral stimuli. , causing persistent foci of excitation in the mind, peculiar affectively colored complexes that disrupt the usual course of mental processes, human behavior. Periodically emerging memories associated with the crime committed, with what accompanied it, often cause the so-called secondary (trace) affects. These traces break associative connections, physiological processes, coordination of actions, motor reactions, which is reflected in the material objects of the scene and the behavior of the offender himself. When committing a crime, criminals often resort to staging at the scene in order to send the investigator down the wrong path. For example, the commission of one crime is staged to conceal another, or a non-criminal event is staged to conceal a criminal act. Indicators of staging at the scene are: signs of concealment, destruction of individual traces of the crime; the demonstrative nature of the signs of a less dangerous crime; signs of incompatible criminal acts; negative circumstances that contradict the picture observed at the scene. Features of the mental activity of the investigator when examining the scene. Inspection of the scene of the incident is a special kind of cognitive activity of the investigator, which takes place in difficult conditions of influence on the psyche, lack of information, uncertainty of the investigative situation, unusual situation, exposure to negative stimuli that distract his attention. The most active role in the cognitive activity of the investigator at the scene is played by the patterns of perception, thinking, which directs the perceptual processes by which the incoming information is analyzed, as well as the features of the imagination that help to mentally reconstruct the situation, create possible models of the event, put forward versions. The main method of studying the situation of the scene is observation, in which perception and thinking play a leading role. As a rule, almost all types of analyzers participate in the process of perception. The verbalization of what is seen significantly increases the efficiency of perception. It is believed that there is no better way to see, to consider an object than to reproduce its image. This can explain the positive role of the joint discussion by the participants of the inspection of the situation at the scene, detailed recording, detailed drawing of plans and diagrams. During the inspection of the scene, it is recommended to mentally dismember the object of observation, sequentially studying the various details of the situation. However, a single observation should not be trusted. One and the same object is best viewed from different angles, casting doubt on preliminary conclusions regarding certain of its properties, constantly posing questions: "why?", "What does this mean?" etc. An important role in the inspection of the scene is played by the emotional factor, since the scene of the incident is the focus of a fairly large number of different stimuli, often causing negative emotional states that affect the effectiveness of the investigative examination. For example, a person experiencing emotions of disgust subconsciously seeks to move away from the object that causes such emotions, or to reduce the time of contact with him. For the investigator, other persons involved in the examination of the scene, corpses, various objects - carriers of traces of a biological nature, strong emotions of disgust can lead to destructive behavior and, as a result, significantly reduce the effectiveness of the examination. A promising direction in the work of the investigator, especially in complex criminal cases, is the participation of a forensic psychologist in the examination of the scene of the incident as a specialist who can provide the necessary assistance to the participants in the examination in deciphering the semantic indicators of the psychological content of the offender's criminal behavior based on material traces, in compiling a psychological portrait of the criminal. 12.2. The psychology of conducting a search In contrast to the inspection of the scene, the search activity of the investigator during the search is most often carried out in direct contact with persons who are not interested in finding the items they are looking for, in an atmosphere of open psychological opposition from these persons, who, by virtue of their procedural position have a direct opportunity to assess the effectiveness of the efforts of the investigator, his individual psychological, professional qualities and other personality traits. Psychology of the person being searched, some psychological features of his behavior during the search. From the point of view of the crime searched during the investigation, two main situations can develop: when the search was unexpected for him, as a result of which he was unable to take actions aimed at concealing (destroying) material evidence; when the person being searched allowed (foresaw) the possibility of conducting a search (at home, at the workplace, etc.), in connection with which he took the necessary measures to conceal the person he was looking for, psychologically prepared for a conflict situation, at the level of his intellectual development he mentally modeled a possible move search activities of the investigator and, depending on this, various options for their behavior. The behavior of the person being searched during the search is influenced by: his intellectual development, peculiarities of thinking (the ability to think abstractly or, on the contrary, the inability to go beyond the limits of objective thinking), cognitive interests, leading needs, which together form an individual style of activity that reflects certain preferences of a person in choosing ways of assimilation and processing of information, its value orientations, need-motivational sphere. The simplest line of conduct of the searched person, aimed at concealing the objects searched for by the preliminary investigation bodies, is to hide them in inaccessible (hard-to-reach) places on the basis that the investigator will not be able to overcome objectively existing obstacles. The investigator can obtain valuable information for the search during the search, observing the behavior, psycho-physiological reactions of the searched person. So that such information does not escape the investigator, it is advisable to conduct a search by at least two employees of the prosecutor's office, one of whom is engaged in the actual search, and the other at this time is imperceptibly watching the person being searched. In an effort to mislead the investigator, and sometimes simply wanting to hide their excitement, the searched resort to various tricks, for example: - demonstrate imaginary cooperation with the investigator, readiness to assist him in the hope of dulling his vigilance, alertness, instilling in him the idea that his search is fruitless, since the items sought are not available; - deliberately divert the attention of the investigator with extraneous conversations, various requests, health complaints, walking around the apartment under the guise of some urgent need; - disorientate the investigator regarding the objects to be examined, up to his direct deception; - commit provocative actions, express threats to the investigator, aimed at bringing him out of a state of mental balance. In such cases, the investigator must, while maintaining self-control, neutralize such efforts of the person being searched, in a calm tone demand from him to comply with the established procedure during the search. The best way to prevent possible excesses is the balanced behavior of the investigator. Psychological features of the search activity of the investigator during the search. The truth, which largely determines the effectiveness of the efforts of the investigator during the search, is quite simple: one cannot count on positive results (especially in the face of opposition from interested parties), if confidence in success is lost, if searches during the search are conducted "just in case" - suddenly material evidence will be found. Therefore, during a search, the investigator should have a kind of search dominant, when literally all of his intellectual, emotional and volitional potential is subordinated to the only task - to find what he is looking for. Simply put, in order to find something, one must really desire it. Another psychologically important condition is connected with the multi-objective nature of the environment in which the search is conducted. It is known that with an increase in the number of perceived objects, the size of the field of perception, the qualitative indicators of perception, the fullness of attention are sharply reduced, which leads to gaps in any cognitive activity, and even more so in such a specific one as a search. In order to neutralize these unfavorable factors, during the search (as well as when examining the scene), the entire situation to be examined is mentally divided into separate sections corresponding to the objects located on them, and the sequence of their study is determined. It is important to exclude the impact on the psyche, consciousness of the investigator of negative stimuli that impede his activity, such as, for example, extraneous conversations, etc. It is necessary to completely abandon everything that is not related to the conduct of the search. Nothing extraneous should disturb, distract the attention of the investigator. There should be no haste, no fuss in conducting a search. At this moment, it is important to realize, to convince yourself that until the search is completed, nothing else exists. In addition to observation, the investigator can apply the following tactical and psychological methods: - the method of conversation ("verbal intelligence"), the essence of which is that the investigator, before starting the examination of any new object, is interested in the searched person, what is there, and observes his reaction; - test method, when the investigator after some time returns to the examined object, the examination of which coincided with the appearance of involuntary reactions in the searched person; - a comparison method that allows you to identify significant differences in the objects being examined, heterogeneity in color or, for example, wallpapering walls, the absence of signs that should be. 12.3. Psychology of presentation for identification In general psychology, recognition is understood as the process of attributing a presented object, which plays the role of a kind of stimulus, to a previously known object fixed in memory in the form of an image, or even to a whole class (category) of certain homogeneous objects. For investigative (judicial) practice, of greatest interest is the first version of the identification process, which is called the identification (identity) of the object-stimulus with the help of an image imprinted in the memory of a person who identifies the object presented to him in a group of other homogeneous objects. Conventionally, the identification process from the point of view of human mental activity can be divided into the following stages. 1. Perception of the object by the future subject of identification. This stage constitutes the process of object perception, the assimilation by the witness (victim, etc.) of significant (relevant) features of the perceived object, in other words, the process of perceptual study of the object and, on this basis, the process of forming its image. The assimilation of the perceptual image of a perceived object is influenced by the following objective and subjective factors that must be taken into account when predicting the course and results of presentation for identification: - physical conditions of perception (insufficient illumination of the object, the presence of interference during perception, a large distance to the object, a certain angle in which it was perceived); - duration and frequency of object perception; - state, sensitivity threshold of perceptual organs, especially vision, through which the largest amount of information is perceived, patterns of perception; - the psychophysiological state of the identifying person, in particular the state of increased mental tension, affect, due to the criminal situation in which he was subjected to violent acts, which often leads to distortion, hyperbolization of the image of the attacker; - the level of motivation for the perception of certain objects, which is based on cognitive interests, personality attitudes that affect perceptual processes, attention activity. 2. Preservation of the perceived image as a whole or its individual features. Studies have shown that the initially perceived image of an object is best stored in memory during the first week from the moment of perception. That is why usually the best recognition results are achieved in the indicated time interval and are highest on the 6th-7th day. Then the effectiveness of identification decreases. 3. Reproduction (description) of the perceived object and signs by which the identifying person can recognize it. After initiating a criminal case, the investigator has the right to present this or that object for identification to a witness, victim, etc. The identifying person is first interrogated about the circumstances in which he observed the corresponding person or object, about signs and features by which he can identify him. 4. Comparison (comparison) of the presented objects with the image imprinted in the mind of the identifying person. Such a comparison ends with the choice (recognition) of one of them. For a correct assessment of the results of identification, the number of objects presented is of great importance. It is believed that under conditions of medium complexity, which can include the very situation of presentation for identification by a person visually, no more than three objects can be identified. At this stage, the identification (establishment of identity) of the identifiable object takes place. When this fails, the identifying person can declare that one of the objects presented to him is partially similar to the one he previously saw, or that among the objects presented to him there is no one that he previously perceived. 5. Evaluation of the results of identification by the investigator (court). This stage is the logical conclusion of the identification process. Since this process is not amenable to third-party observation and only its result becomes obvious to the investigator (court), who therefore does not have sufficiently clear criteria for its reliability, the assessment of the achieved result in conjunction with all the factors related to the identification process becomes of great importance. Attentive attitude to oneself requires the behavior of a person acting as an identifying person during his interrogation and directly during the process of identification. The behavior and nature of the reaction of the identified person are also analyzed. All this is evaluated together with other evidence in the case on the basis of the inner conviction of the investigator (judge). The absence of other evidence confirming the results of the identification, moreover, the presence of data contradicting them, serves as a serious basis for doubts about the reliability of the results obtained. 12.4. Psychological features of conducting an investigative experiment (checking testimony on the spot) The psychological features of the investigative experiment are primarily due to the nature of the experimental actions, with the help of which the investigator studies the dynamic processes that occur with a person in his environment. In an investigative experiment, along with perceptual, mnemonic processes, a person's psychomotor, his motor reactions and abilities are of great importance. For their most complete and comprehensive study, the persons conducting the experiment require the ability to reconstruct the environment in which the tested factors took place, the ability to model certain actions, high cognitive activity, and flexible creative thinking. The most favorable moment for conducting an investigative experiment from this point of view is most often the period when witnesses, the accused and other persons give truthful testimony, being more or less interested in helping the investigator understand the circumstances to be proved as accurately as possible. Below are the types of investigative experiment. 1. An investigative experiment to test the possibility of perception and storage in the memory of the subject of any facts. With the help of special experimental actions, the perceptual abilities of various participants in the criminal process are checked, when their testimony that they perceived some important circumstances for the case is doubtful. During the investigative experiment, under conditions corresponding to those that took place at the time of the incident (and if it is impossible to be at the scene of the incident, in as close conditions as possible), actions similar to those performed earlier are repeated, for example, various sound signals are played, certain lighting is created, due to which the sensitivity is checked certain analyzers, the threshold of their sensitivity is determined, the perceptual abilities of a person are diagnosed depending on his individual psychological characteristics, age, profession, etc. 2. An investigative experiment to study the possibility of the subject performing certain actions, the presence of certain motor skills, abilities. Such an experiment is carried out when it is necessary to identify (confirm) the subject's certain skills, abilities to perform verified actions, operations. Conducting experimental actions in these cases will serve as confirmation that they were (could be) committed by this person. 3. An investigative experiment to identify the objective possibility of the existence of a phenomenon, a certain pattern. Since objectively existing phenomena in life, patterns, as a rule, do not depend on the manifestations of the human psyche, when conducting an investigative experiment, the investigator is required to create conditions that are as close as possible to those that occurred at the time of the incident. For example, experiments of this kind are carried out when investigating incidents related to violation of safety regulations. To some extent, they resemble bench tests. 4. An investigative experiment to establish the mechanism of the event, its dynamic characteristics and other related circumstances. Such an experiment is most often complex in nature and, as it were, completes the investigation process. Such experiments are very common in the investigation of motor vehicle accidents. In such cases, the investigator, in addition to good organizational skills, requires analytical skills, the ability to quickly use the information obtained in the course of ongoing experiments, which makes it possible to look at an already known event from a different angle, to see some other patterns hidden in what happened. An independent task to be solved during the experiment can be the study of the mechanism of formation of various traces. 5. A kind of investigative experiment - verification of testimony on the spot. These can be: the scene of the crime, the place where the instruments of crime were thrown out, other items that are important for establishing the truth in the case, the territory along which one or another participant in the process moved, etc. Psychologically, verification of testimony on the spot is an effective means of activating memory, thought processes of its participants. When planning an investigative experiment (checking testimony on the spot), the investigator, in addition to solving numerous issues of an organizational and tactical nature, must provide for the appropriate psychological preparation of future participants, aimed at eliminating the causes that can cause them excessive mental tension that interferes with natural behavior. Topic 13 13.1. Concept, structure, types of professional communication of a lawyer Communication is a subtle, multifaceted process of establishing and developing interpersonal contacts, conditioned by living together, people's activities, their relationships, which develop on a variety of occasions. We can say that communication is a special, independent type of professional activity of a lawyer, especially when it comes to interrogation, judicial review of a case, etc. Speaking about the professional communication of lawyers, it is necessary to emphasize one important feature: it often takes place in a special procedural regime in compliance with certain, strictly defined forms of communication, such as, for example, receiving applications from citizens (Article 141 of the Code of Criminal Procedure of the Russian Federation, Article 133 of the Code of Civil Procedure of the Russian Federation ); interrogation during the preliminary investigation (Articles 187-191 of the Code of Criminal Procedure of the Russian Federation); interrogation in court when considering criminal cases (Articles 275, 277, 278, 282 of the Code of Criminal Procedure of the Russian Federation), interrogation and obtaining appropriate explanations from persons participating in civil proceedings (170, 174, 177-180 of the Code of Civil Procedure of the Russian Federation); judicial debate of the parties, exchange of remarks, utterance of the last word by the defendants (Articles 294-295 of the Code of Criminal Procedure of the Russian Federation); judicial debate, exchange of remarks of the parties in a court session when considering civil disputes (Article 190 of the Code of Civil Procedure of the Russian Federation). A special type and regime of the process of professional communication is provided by the legislator when sentencing in criminal cases (Articles 296-313 of the Code of Criminal Procedure of the Russian Federation), in the course of making a decision on civil law disputes (Articles 194-214 of the Code of Civil Procedure of the Russian Federation). It is necessary to take into account in the professional communication of a lawyer not only his procedural (interrogation, confrontation, etc.), but also non-procedural forms, which are based on the rules of speech behavior accepted in society, in a particular social environment, stable etiquette formulas of address, reflecting the external manifestations of the attitude of any person to the people around him, various social values. In the context of such very common cases of communication, we should talk about non-procedural communication of a lawyer. In the structure of communication of a lawyer, three of its indispensable components are distinguished: 1) the communicative side, consisting in the exchange of information between people; 2) the perceptual side, i.e. the process of mutual perception, knowledge of the subjects of communication and the establishment on this basis of mutual understanding between them; 3) the interactive side, which consists in organizing interaction, joint actions (activities) of communication partners. 13.2. General socio-psychological patterns of professional communication of a lawyer In order to effectively, with maximum benefit to participate in interpersonal relationships, fruitfully conduct a dialogue, it is necessary to take into account the patterns underlying communication processes. Knowledge, consideration of these patterns, fluency in communication skills constitute such a professionally important quality of a lawyer's personality as communicative competence. The general patterns underlying any interpersonal relationship, together constitute the so-called psychological (emotional) contact. These patterns are as follows. 1. In the process of communication, a lawyer always acts in a strictly defined social context, which is expressed by the system of his relations with society, state-legal institutions, officials, and individual citizens. Such relations are conditioned by the social role objectively assigned to him (investigator, judge, defender, legal adviser, etc.). 2. Violation of the rules of role behavior by a lawyer, the performance of functions unusual for a given communicative situation, most often conflicts with the role expectations of others, a direct communication partner, which gives rise to mutual misunderstanding, poorly concealed antagonism, and sometimes leads to an open conflict. 3. The role relations of the parties are greatly influenced by the social status of the bearers of these social roles. The social status of a person is determined by his official position, professional experience, official authority, personal merits, age, etc. Underestimating them in the course of communication, as a rule, leads to an unproductive, conflict dialogue. 4. Considering the mechanism of role interaction in the conditions of service relations, one cannot help but notice the social attitude to dominate, which is formed in a lawyer with the acquisition of professional experience. Such an attitude can also manifest itself during communication on the part of various officials who are competent in the field of their official activities, who also have a fairly high social status and an appropriate (and sometimes somewhat overestimated) self-esteem. With the same personally significant dominance of communication partners, in a situation where each of them defends his position, tense-unstable relationships can arise. One of the components of professional communication is its communicative side. Let's consider it in more detail. The communicative side of communication is understood as the process of information exchange between people. This exchange is carried out using verbal and non-verbal means of communication. Verbal communication involves the use of speech with its rich phonetics, vocabulary, and syntax. Speech is the most important tool of professional communication, a form of existence of a language that functions and is directly manifested in it. The main functions of language and speech are: - a thought-forming function that connects a word, a sentence with images of consciousness, with thinking, due to which, with the help of language and speech, a thought is formed and expressed; that is why speech is an instrument of thought; - a communicative function that determines the transfer of knowledge, thoughts, feelings in the process of communication between people, in the course of establishing contacts between them; - pragmatic function, or the function of controlling the influence of the participants in the dialogue on each other, which manifests itself in the fact that speech is very often aimed at programming certain actions of the interlocutor; - a regulatory function that organizes its own processes, emotional states, human actions, i.e. speech serves as a means of regulation (organization) of a person's own mental processes. In psychology, internal and external speech are distinguished. Inner speech should not be considered in a simplified way, in the form of pronouncing individual words or phrases “to oneself”. It is a more complex process that prepares a detailed speech statement. External speech is oral or written. The simplest form of oral speech is affective speech, consisting of separate exclamations, habitual speech stamps. The motivating moment of such speech is the affective tension of the speaker. It often lacks a clear intention, a conscious motive. Therefore, by analyzing such affectively colored statements, one can to some extent judge the mental state of a person. In some cases, such phrases can also have a simulative nature, when a witness, for example, tries to mislead the investigation, the court about his true emotional state, his real attitude to what is happening. The most common is oral dialogic speech - the main type of speech used in the process of communication between an investigator, a judge, a prosecutor, a lawyer with participants in criminal and civil processes, various officials, and other persons. A special type of oral speech is monologue speech, which is a detailed presentation of the system of views, thoughts, knowledge of a person. Monologue speech, as a rule, has a clear intent. Usually it is prepared in advance. Another type of external speech is written speech - the most complex type of monologue statement, requiring precise knowledge of the subject of presentation, the correct use of lexical and grammatical codes of the language. In criminal, civil proceedings, written monologue speech is used in the preparation of procedural documents, which express the position of their compiler, analyze the evidence, and set out the motivation for the decisions made. In connection with the clear regulation of the preparation of procedural documents in the forensic literature, one can come across the term "protocol language" ("protocol style of presentation"). This term means not only a set of special legal terms and concepts, but also certain speech turns, stylistic rules for compiling procedural documents, their mandatory details. Lawyers constantly have to resort to various speech forms, evaluate the features of the speech behavior of others. First of all, someone else's speech should be treated as a source of information, in particular, as a source of evidence in the case. However, the reported information can acquire the force of evidence only if the speech of the witness, victim, suspect, accused proceeds in a certain procedural mode, if it has taken the form of testimony. In other cases, the speech of the mentioned persons can be considered only as ordinary statements. Speech (oral or written) may also be of interest to the investigator, the judge, and as an object of identification of the subject by its features (sound, handwriting, other signs). A significant impact on the quality, completeness of speech is exerted by the state of emotional tension in which a person is summoned to law enforcement agencies, who is in the courtroom. The distorting effect on the speech of the interrogated person is exerted by his unconscious desire to think in the same way as the investigator thinks and argues aloud - a phenomenon called verbal rigidity. Therefore, the investigator needs to pose clarifying questions, resorting to conveying the meaning of what was said using other speech turns, words in the form of so-called paraphrases. By the manner of speech behavior, one can judge the individual psychological characteristics of a person, his upbringing, development, features of thinking, mental state, character, mental abnormalities or mental disorders. Typical speech disorders are: - logorrhoea - increased speech activity, jumping from one topic to another, when the speaker does not wait for an answer to his questions; - perseveration - repeated repetition of statements in whole or in part; - fragmentation, incoherence of speech, lack of semantic content in it with outwardly correct grammatical form; - excessive thoroughness, detail, viscosity of presentation; - reasoning, philosophizing, groundlessness and futility of reasoning up to their complete meaninglessness. Speech behavior in a criminal environment, in which criminal jargon is widespread, has its own characteristics. Using criminal jargon, one can study both the personality psychology of an individual criminal, his belonging to a particular criminal community, and the psychology of specific criminal groups. Features of speech behavior of a lawyer are directly related to his education, upbringing, social status. The statements of a lawyer in the process of professional communication are often filled with legal concepts, contain speech structures that meet the rules of speech etiquette, which affects the establishment and maintenance of psychological contact, mutual understanding of the parties. Since the speech of a lawyer has a certain public sound, it is subject to increased requirements, ignoring which negatively affects his professional authority. Therefore, the speech of a lawyer should be distinguished: - literacy, understandability, accessibility of the meaning of statements for any category of citizens; - consistency, logical harmony of presentation, persuasiveness, legal argumentation with references to various facts, evidence, legal norms; - compliance with moral and ethical rules and norms of behavior; - expressiveness, a wide range of emotional means of influence: from emphatically neutral speech forms to emotionally expressive statements, accompanied by non-verbal means of influence; - variability of statements: from an invitation to participate in communication to the use of phrases filled with categorical requirements depending on various communicative situations. In the course of professional activity, a lawyer needs to constantly improve the skills of his speech behavior, improve the culture of communication. Speech behavior is significantly supplemented by means of non-verbal communication: gestures, facial expressions, postures, spatial arrangement of the sides of communication, various means of speech vocalization (voice quality, its range, tonality), speech tempo, pauses, crying, laughter, coughing, etc. All these gestural-mimic, as well as intonation and other signals help to more accurately convey the meaning of the transmitted information to the partner and maintain a productive dialogue with him. With the help of non-verbal communication means, individual psychological, characterological features of the persons participating in communication, their social and group, cultural and national characteristics are revealed, a friendly atmosphere is created during the meeting, a desire to listen and understand the interlocutor is demonstrated. Among non-verbal means of communication, eye contact (visual contact) between partners is of particular importance, which significantly complements verbal communication, helping them to reveal their "I". An important role is played by gestures, gesticulation, reinforcing, and sometimes replacing individual words or phrases. Among the various gestures that accompany speech, accentuating, pointing, describing, replacing gestures acquire a special semantic meaning. In certain cases, such gestures and some other non-verbal means of communication can acquire the value of evidence of behavior, showing the interrogator's interest in the outcome of the interrogation, in the results of the investigation, and possibly his involvement in the event under study. An essential role in the system of means of non-verbal communication is played by the postures of the participants in the dialogue (how they stand, sit, move during a conversation), their spatial position relative to each other. When planning an upcoming meeting, one should not forget that peculiar spatial zones are formed around communicating people, some invisible boundaries are outlined, which should be observed depending on a particular communicative situation. It is believed that the intimate zone is the space around the subject with a radius of approximately 45 cm. Close people, those who are given special trust, are allowed into this space. A personal, or personal, zone forms a space around a person with a radius of 45 to 120 cm. It is usually used during communication in an official or informal setting with familiar people. A wider spatial sphere around a person is a social zone with a radius of 120 to 400 cm. It is most often observed in communication during a business meeting, in an official setting, when receiving visitors. And, finally, a public zone of 4 m or more is observed during performances in front of large groups of people, in front of an audience. Thus, the means of non-verbal communication not only significantly complement speech, but also significantly enhance the verbal impact, demonstrating the intentions of the communicating parties. In those cases when the means of non-verbal communication do not somehow correspond to speech behavior, their mismatch (incongruence) may indicate the insincerity of the communication partner. Topic 14. PSYCHOLOGY OF INTERROGATION 14.1. General socio-psychological conditions for conducting interrogation Interrogation during the preliminary investigation (in court) is the most common type of procedural communication. From the socio-psychological side, interrogation is a dynamic kind of professional communication that takes place in a special mode, characterized by a number of psychological features due to the procedural order of its conduct, as well as the legal consequences associated with its results. Depending on the communicative situation that develops during interrogation, interrogation is distinguished in a conflict (with strict and non-strict rivalry) and in a non-conflict situation. From this point of view, all interrogated persons can be conditionally divided into three main categories of persons: 1) interested in the positive results of the investigation and, as a result, assisting law enforcement agencies with their testimony in establishing the truth in the case; 2) indifferent to the activities of law enforcement agencies; 3) those who are not interested in the fact that the crime is solved, and the truth is fully established, and as a result, opposing the efforts of law enforcement agencies. Let us consider the most general socio-psychological recommendations that are important for establishing psychological contact with interrogated persons. Obtaining information about the personality of the interrogated person, his individual psychological characteristics. Interrogation during the preliminary investigation, when necessary, is preceded by the collection of information about the identity of the interrogated person, his attitude to the crime committed and other circumstances of the case. Special assistance to the investigator in these conditions can be provided by the use of the following methods: analysis of the results of the activity of the person under study; conversation with those who know him well; method of generalization of independent characteristics; direct and indirect observation of him, his behavior; comparison of observation results and other information received. Summons a witness for questioning. The basis for making such a decision is information that the subject has (may have) certain information on the case. Another factor influencing the adoption of this decision is the nature of the investigative situation, which determines the need for its urgent call. The investigator's assessment of the subject's information capabilities, taking into account the complexity of the investigative situation, when he is influenced by interested parties, can speed up the adoption of such a decision. The investigator, choosing this or that method of summoning a witness (and sometimes himself appearing for his interrogation where he works or serves), can derive certain tactical advantages from this. They are objectively created by the surprise factor, since the subject is not left with time to establish contacts with interested parties in order to jointly take coordinated measures aimed at hiding the truth. Spatial organization of communication during interrogation. The choice by the investigator of spatial forms of communication with the interrogated person depends on the nature of the relationship (there are conflicting, conflict-free) and tactical design. Objectively, the general spatial area of communication between the investigator and any visitor is determined by the environment of the room in which the interrogation takes place. However, there are various options in which, to one degree or another, patterns of people's perception of each other in the process of communication are manifested, taking into account the nature of the dialogue - from emphatically formalized to psychologically close, when the invited witness is invited to sit in the immediate vicinity of the investigator's desktop (in his personal zone communication). In any of the options, the investigator must retain a status-dominant position, the initiative to change the spatial organization of communication, linking it with his tactical plan. Interrogation is a source of evidence. During the interrogation, the investigator has at his disposal a huge amount of disparate information that needs to be generalized and systematized in order to restore the picture of the crime. The investigator must always remember that each person perceives information consciously and subconsciously, and can only convey it consciously, as well as the fact that the same words can be transmitted by different people in different ways, depending on their mental and intellectual characteristics. The main task that the investigator faces during the interrogation is to identify the objective sensual fundamental principle according to subjective testimonies, which is possible only with the active interaction of the investigator with the interrogated person and providing the latter with mnemonic assistance, the essence of which is to help restore the memory of the interrogated forgotten material. Such assistance is provided by the investigator on the basis of the revival of semantic and space-time connections and associations. Remembrance can be: - automatic, when they quickly recall what they remember well; - cognitive, which requires a certain tension or amplification: - reflective, when reflection is necessary for recall. In order to mobilize the memory of the interrogated, the investigator uses one of the following mnemonic techniques: - the possibility of a free story; - its repetition from various stages of the narrative (from the middle or end of the event); - presentation of physical evidence that is in a certain connection with the forgotten fact; - interrogation at the scene; - familiarization of the interrogated person with the testimony of other persons, etc. The investigator can help to recall the forgotten by comparing the information already received from the interrogated person and activating meaningful recall of events. At the same time, it should be borne in mind that emotional and excitable persons are usually prone to unintentionally complex indications. Providing mnemonic assistance to the interrogated, the investigator must take into account the type of memory of this person, the ability for semantic associations and imagery of perception, as well as his age characteristics. After all, it is obvious: the younger the child, the more certain phenomena may be incomprehensible to him. It must also be remembered that, depending on the type of higher nervous activity, the interrogated person may experience certain difficulties in recalling. So, if a person is in an overexcited state, then the interrogation should be interrupted or even postponed. When assessing the testimony of the interrogated and determining their truth, attention should be paid to: - the logical connection of the reported information and their consistency or, conversely, inconsistency; - compliance or non-compliance of the reported information with other evidence; - General psychophysical characteristics of the interrogated. For a correct assessment of the testimony about the duration of complex events, the investigator must divide them into episodes or parts, identify the duration of each of them with a further determination of the total duration of the entire event. As for the evidence related to establishing the size, color, shape, the investigator must accurately establish the location of the eyewitness of certain events and the physical conditions for their perception. 14.2. Psychological features of the preparation and conduct of interrogation Psychological preparation of the investigator for interrogation. When preparing for an interrogation, the investigator must determine its purpose and objectives, taking into account specific circumstances, i.e., create an information base for interrogation, first getting acquainted with the personality of the interrogated person, his social status and mental capabilities. To do this, the investigator, in addition to the material of the case, may request characteristics of the persons of interest to him and interrogate close relatives of the interrogated person in order to establish his lifestyle, connections and habits. In preparation for the interrogation, the investigator can draw up his plan containing a number of questions that need to be answered: - the circumstances or conditions of the commission of the crime; - motives for the crime; - the manner in which the crime was committed; - how to hide it; - the attitude of the accused to the deed. The correct formulation of questions can give the accused the impression that the investigator is aware of the case under investigation. For different categories of cases, interrogation plans may vary. When investigating murders, first of all, witnesses are identified who know anything about the circumstances of the murder, the appearance of the offender and his relationship with the victim. When investigating thefts, the victim is first interrogated, who is asked how the theft was committed, the number and signs of the stolen person, and the circle of people who knew about the place where valuables were stored in the apartment. In cases of rape, the investigator must be extremely tactful and, mindful of the victim's psychological trauma, delicately ask her questions regarding the commission of this crime. In preparing for the interrogation, the investigator must also decide on the sequence of interrogation of various participants in the process, taking into account their psychology and position in relation to the accused. Statement of questions by the investigator during interrogation. The interrogated person is mentally affected not only by the content of the questions, but also by their sequence, and the effectiveness of the investigator's question during interrogation depends on its certainty, conciseness and simplicity of design. Leading questions are prohibited by law. The questions asked by the investigator are conditionally divided into the following groups: - neutral questions, the wording of the answers to which depends entirely on the investigator; - divisive questions (on the principle of "either - or"); - alternative questions that require either a positive or negative answer; - questions of indirect suggestion, giving the right to choose between two answers; - questions of false content, which are a method of mental violence. Psychological characteristics of interrogated persons. During the interrogation, the investigator can judge the possible dynamics of the behavior of the interrogated by the qualities of his temperament. So, a person with a strong type of higher nervous activity (phlegmatic, sanguine) is more resistant to sudden influences, and melancholic people are more sensitive to various events. Analyzing the characteristics of the personality of the interrogated, the investigator needs to identify the features of such a person making decisions, behavior in conflict situations, the quality of intelligence, a reduced or increased level of claims, etc. Psychological features of individual stages of interrogation. At the initial stage of the interrogation, the investigator solves the following tasks: - establishes primary contact with the interrogated person, establishes his identity and explains the purpose of his coming to the investigator; - explains to the interrogated the provisions of Art. 51 of the Constitution of the Russian Federation and his procedural rights and obligations, which is signed by the interrogated; - establishes the relationship of the interrogated person with other persons involved in the case. After solving these problems, the investigator can draw preliminary conclusions about the upcoming interrogation tactics in a particular situation and begin to establish communicative contact with the interrogated. Communicative contact is a system of certain techniques, relations between communicating persons, an information process that is based on feedback. For the interrogated person, the first words of the investigator are most important, as well as his appearance and addressing the interrogated person by name and patronymic. In other words, the investigator should not allow anything that could cause a negative attitude towards him on the part of the interrogated person. Significant damage to communicative contact is often caused by the investigator's increased interest in incriminating, accusatory evidence and indifference to mitigating circumstances. As noted earlier, it is prohibited by law to obtain evidence through threats, violence and other illegal actions under pain of criminal punishment, as well as to compel one to testify through the use of threats or other illegal actions. Attention should be paid to the fact that persons who do not give truthful testimony during interrogation often associate this fact with the negative behavior of the investigator, his rudeness, bias, as well as indifference to the fate of the accused. The investigator must firmly grasp the following rule: there are no and cannot be enemies among the persons he interrogates. After the free story of the interrogated, the investigator must proceed to the detailed stage of the interrogation, the essence of which is: - filling in the gaps in the free story of the interrogated, clarifying the uncertainties of his statements and clarifying the contradictions in his story; - provision of mnemonic assistance for the full reproduction of individual episodes of the event; - obtaining control data for evaluation and verification of indications; - Establishing the reasons for the deliberate silence of the interrogated about certain events of the crime; - exposure of false testimony; - providing a legitimate mental impact on the interrogated person to obtain truthful testimony. If the investigator feels that the interrogated person somehow opposes him, then it is necessary to choose the tactics of interpersonal interaction, the essence of which is: - in clarifying the motives for such opposition; - in the secondary clarification of the details of the testimony; - in the analysis of the possible causes of the contradictions that appeared in the testimony; - in exposing the falsity of testimony based on legitimate mental influence. In the final stage of the interrogation, the interrogated person, having familiarized himself with his testimony, signs on each sheet of the protocol of interrogation. Psychology of interrogation of the victim. When preparing for the interrogation of the victim, the investigator must remember that often, being under the impression of what happened, the victim is overly emotional or, conversely, the crime caused him a state of protective inhibition, in a word, the criminal event deforms the logical thinking of the victim. That is why the interaction of the investigator with the victim must be built taking into account the mental state of the victim, who seeks protection from law enforcement agencies. The slightest inattention on the part of the investigator can increase the negative emotional state of the victim and lead to difficulties in communication during the interrogation. The task of the investigator is to assure the victim that the crime will be fully and objectively investigated, that is, he must reassure the victim. Psychology of interrogation of the suspect and the accused. Bringing to criminal liability is a very dramatic circumstance in a person's life, since during this period the level of anxiety, despair and doom rises, in some cases aggressiveness and active opposition to law enforcement agencies are possible. A situation is very dramatic when an innocent person is brought to criminal responsibility, which completely disorganizes his psyche. This leads to a special aggressiveness of his behavior, sometimes to self-incrimination, and in some cases to suicide. The procedural position of the suspect differs from the procedural position of the accused, but it also has similar features, consisting in the fact that in both cases the investigator explains Art. 51 of the Constitution of the Russian Federation, the essence of which is that the suspect and the accused may not testify either against themselves or against their loved ones. During the interrogation, the suspect should be asked questions, the answers to which the investigator knows, in this way the position of the suspect in relation to law enforcement agencies is clarified. In the future, the interrogation should be organized in such a way that the suspect does not have any doubts about the investigator's ignorance of the crime committed. The investigator himself must remember that the interrogated person may have turned out to be a suspect due to a slander, witnesses' mistakes or their delusions, therefore the investigator must single out a group of circumstances that can only be known to the person who committed the crime. During the interrogation, the investigator analyzes the suspect's awareness of the crime committed by indirect questions, as if far from the crime being investigated. A dramatic situation can be self-incrimination, which can be provoked by the mental state of the suspect as a result of stress arising from the miscalculations of the investigator, his erroneous suspicions that violate the rights of the individual. It is possible to expose self-incrimination by conducting a detailed re-interrogation and a series of investigative actions, during which the memorization and schematic nature of the testimony, as well as the inability of the person suspected of committing a crime, to report the facts about the crime, which could be known only to him alone, are revealed. The interrogation of the accused is carried out on a specific charge. By his testimony, the accused denies his guilt, admits it in part or admits it in full. When interrogating the accused, the investigator must take into account certain mental characteristics - the state of depression, depression, fear of punishment, as well as an exceptional interest in the outcome of the case. The investigator should place special emphasis not on the admission of guilt, but on deep repentance, which ultimately contributes to a full and comprehensive investigation of the crime. During the interrogation of the accused, the data on his personality, information about the accomplices and the reasons that led the accused to commit a crime must be verified reliably - all this contributes to the correct qualification of the deed. Exposing false evidence. A person who gives false testimony opposes the investigation. Feeling this, the investigator must resort to repeated and detailed questions, which will inevitably lead to discrepancies in the testimony given earlier. Having established that the testifier is lying, the investigator must choose the appropriate tactics of behavior: either expose the liar when trying to mislead the investigation, or allow him to give false testimony in order to expose him in the future. The choice of tactics during interrogation depends on the personal qualities of the interrogated person. The types of false statements are: - concealment of a crime; - disguise, i.e. concealment of true criminal intentions; - staging, i.e., the artificial creation of a certain environment to mislead the investigation; - demonstrative, defiant behavior; - a false alibi, i.e. a denial of one's presence at the scene of the crime at the time of its commission. When establishing the fact of false testimony, the investigator should, as noted earlier, ask detailed repeated questions. Another tactic involves the same type of questions asked in different sequences, and a series of verification investigative actions using the methods of legitimate mental influence. Techniques of legitimate mental influence on the personality of the interrogated person, counteracting the investigation. Such methods should only be lawful; the law prohibits compelling an interrogated person to testify by violence, threats, and other prohibited methods. Interrogations are often carried out using methods of mental influence, which are based on the identification of internal contradictions in the defensive actions of the opposing person. The falsity of the testimony of the interrogated person can be exposed by the investigator with the help of the evidence available in the case, as well as the impact on the mental state of the accused by forming in him an exaggerated idea of the investigator's awareness. To do this, the investigator must use the rules for the correct and effective presentation of evidence: - before presenting evidence, it is necessary to ask the accused such questions that will make it possible to exclude his neutralizing tricks; - evidence incriminating the guilt of the accused should be used in expedient situations, against the background of his mental relaxation; - evidence is presented in order of importance; - for each evidence, it is necessary to receive explanations, which are recorded in the protocol; - in case of recognition of the falsity of the previously given testimonies, new testimonies should be immediately recorded with the certification of their signature by the interrogated. The main means of mental influence on the interrogated are the reasonable questions of the investigator. In the tactics of conducting interrogation, counteracting questions are widely used, which demonstrate to the interrogated the information awareness of the investigator on the case and warn him of the impossibility of misleading the investigator. In addition, if the interrogated person resists, the investigator may ask incriminating questions. The condition for a successful interrogation is the superiority of the reflecting activity of the investigator over the reflective activity of the accused. Often the defendant's position of denial can develop into an interpersonal conflict. Criminal procedure legislation provides for the interrogation of the accused, who have physical and mental disabilities, only in the presence of a defense lawyer. However, feeling the support of the defender, the opposing person often strengthens in his false position, so the investigator must correctly determine when the defender can ask questions during the interrogation. The participation of the defense counsel, however, should not weaken the attention of the investigator to the extenuating circumstances of the accused. Psychology of interrogation of witnesses. In accordance with the law, any person who may be aware of any circumstances to be established in this case may be called as a witness to testify. The testimony of a witness as a source of evidence is divided into: - direct, based on direct perception of circumstances essential for the given case; - indirect, based on reports of other persons, indicating such a source of information. It is obvious that first the witnesses who are able to give the most reliable testimony should be interrogated. In the process of a free story, the investigator listens to the witness without interrupting him, and then asks him questions to clarify the conditions for the formation of figurative representations in the witness and to establish the factual data that formed the basis of his value judgments. Leading questions containing a direct clue to the answer are prohibited by law. The investigator should pay special attention to the acquittal or accusatory bias of witness testimony. The accusatory testimonies of the witness appear in the form of an active lie, and the acquittal - in the form of silence, that is, a passive lie, which is often associated with his unwillingness to communicate with law enforcement agencies. This circumstance may be facilitated by frequent and unreasonable calls to the investigator, his incorrect behavior towards the witness, etc. The investigator must distinguish false testimony from delusion, for this purpose it is necessary to clarify in detail the conditions for the perception of events directly by the witness, his sensory capabilities. Psychology of interrogation of minors. Features of the interrogation of minors are that they have a smaller amount of perception and long-term memory. In order to establish psychological contact with a minor, the investigator must first familiarize himself with the conditions of his life, connections, family composition and peculiarities of upbringing. An investigator can obtain such information from conversations with parents, district inspectors and the juvenile inspectorate. In the process of getting acquainted with the living conditions of a minor, the investigator reveals the composition of his family, relationships in it, the occupations of the parents, their cultural and moral level, etc. The interrogation of a minor accused is carried out with the obligatory participation of parents and a defense lawyer and cannot last more than one hour. If the investigator doubts the ability of the minor to correctly perceive the circumstances essential for the case and testify about them, as well as to realize the significance of his unlawful actions, then he appoints a forensic psychological examination. Psychology of interrogation at a confrontation. Interrogation at a confrontation is a kind of professional communication that takes place in a specially provided procedural regime (Article 192 of the Code of Criminal Procedure of the Russian Federation). A characteristic feature of such communication, which affects the communication processes during confrontation, is the participation in it, as a rule, of three participants in the criminal process: the investigator (sometimes interrogation at a confrontation is carried out by two investigators or an investigator and a prosecutor's worker) and two interrogated persons who can be witnesses, victims, accused, suspects. Another feature of the confrontation of a communicative nature is that it is carried out only if there are significant contradictions in the testimony of previously interrogated persons, especially when one of them is convicted of perjury. In such cases, the conflict becomes a kind of means of resolving contradictions. Therefore, the interpersonal conflict of interrogated persons is sometimes specially aggravated by the investigator by posing such questions to them, with which they expose each other. The effectiveness of confrontation largely depends on its preparation by the investigator. First of all, one should pay attention to the intellectual (memory, thinking, speech), volitional qualities, character traits of future participants in the confrontation, especially those who gave truthful testimony and intend to confirm them: the ability to actively defend the truth, argue their statements, resist all kinds of attacks and even threats from another interrogated person who avoids giving the truth. When preparing for a confrontation, one should foresee the possible development of the conflict, think over ways and means of managing it, create the maximum possible conditions for establishing the truth and exposing the perjurer. If the investigator has assumptions that the witness may be under the influence of another participant in the confrontation and, for the sake of it, contrary to the truth, will try to change his testimony, it is advisable to postpone such a confrontation or not to conduct it at all. One should be very careful when organizing a confrontation between an official who is convicted of unlawful acts, giving false testimony, and witnesses who are in official or other dependence on him. Face-to-face confrontations will be more effective if they are carried out after the removal of this person from his position and the neutralization of the system of personal dependence on him of the persons involved in the case. In the case of group perjury, simultaneously with the organization of confrontations, measures are taken to eliminate mutual responsibility among those who are to be interrogated. The spatial organization of its participants - the investigator and interrogated persons, whose placement in the office should exclude their tactile contacts with each other, the exchange of familiar signals, is of certain importance for managing the course of the confrontation. Therefore, all interrogated people are seated at a certain distance from each other facing the investigator. Topic 15 15.1. General psychological characteristics of the organizational and managerial substructure in the activities of a lawyer In modern management systems, each body, each official is a subject that not only exerts a control influence on others, but is also affected by higher authorities (officials). At the same time, the control action is carried out both vertically and horizontally, when the interacting subjects are not in the same strictly hierarchized system, but contact temporarily, without going beyond the current legal situation, with the resolution of which the very control action of them on each other ceases. In various types of law enforcement activities, the role of organizational and managerial issues is unequal. For example, in the activities of the prosecutor (his deputies), the managerial substructure occupies a leading, dominant position in relation to the activities of the investigator, in which cognitive, prognostic, communicative aspects are more noticeable, and organizational and managerial issues in some cases play a supporting role, ensuring the effectiveness of the cognition process, establishing the truth during the investigation of the crime. At certain stages of the preliminary investigation, organizational and managerial issues may become of paramount importance. However, they are much narrower in their content than in the activities of the prosecutor, and are more of an auxiliary character. For example, such investigative actions as an inspection of the scene of an incident, a search, an investigative experiment cannot be performed without first taking a number of organizational measures. And the very process of investigating a crime requires a high degree of organization of the work of the investigator, starting with planning and ending with the assessment of the results achieved. The investigator often has to make purely managerial decisions. Thus, the investigator of the prosecutor's office has the right to give instructions and instructions to the bodies of inquiry on the production of investigative and search measures, to require their assistance in the performance of investigative actions. Investigators have been granted the right to make representations to the relevant officials on the criminal cases under investigation, etc. In other words, the range of organizational and managerial issues in the activities of the investigator is mainly determined by the work on a specific criminal case that is in his proceedings. The implementation of management functions (planning, organization, motivation and control) largely depends on the personal qualities of the leader. Therefore, it is subject to increased requirements. In addition to the general qualities that any lawyer should be endowed with (these are normative behavior, developed intelligence, neuropsychic stability, communicative competence, professionalism, etc.), the head of a law enforcement agency should be distinguished by an even higher level of intellectual development, greater resistance to stress, more developed volitional qualities, organizational skills. The leader must be a fairly sociable person who can listen, understand the other, and if someone else's opinion is fundamentally wrong, contrary to the provisions of the law, convince the subordinate of the opposite, without detracting from his dignity and professional status. The leader must be an enterprising, creatively thinking person, timely set immediate tasks for his subordinates, giving them a full opportunity to take the initiative, to reveal their professional abilities. In necessary cases, the leader should show determination and perseverance, adherence to principles, readiness to take responsibility for the decision made. Of exceptional importance in organizational and managerial activity is the placement of personnel in accordance with their business, moral and psychological qualities. The correct solution of personnel issues has an impact on the formation of a team with a benevolent nature of relations between its members, who do not separate themselves from the team, who share common interests with it. Under these conditions, the satisfaction of employees with work, their role in the team, and performance discipline increase, and the possibility of their professional and career growth becomes real. On the contrary, where leaders make hasty, sometimes bypassing social justice, personnel decisions, conflict relations arise in the team, which immediately negatively affects labor efficiency. 15.2. Psychological features of decision-making by a lawyer Solution types. A special place in the activities of a lawyer is occupied by the problem of decision-making, which appears as a complex system that combines various functions of consciousness (memory, perception, imagination, thinking) and factors of external influence on this activity. Experts in the field of management psychology believe that decision-making, as well as the exchange of information, is an integral part of any management activity, including such a specific one as law enforcement. In essence, decision making is the choice of an alternative, i.e., determining how to act in a particular case, what methods of behavior to give preference in order to achieve the goal. In management psychology, organizational decisions are made by officials in order to fulfill their functional duties. The purpose of an organizational decision is to ensure that the objectives of the organization are met. Depending on what prompts the official (manager) to give preference to one or another decision, they are divided into the following types: - Intuitive decisions - are made on the basis of intuition, the feeling that they are correct. The adoption of such decisions is facilitated by a kind of insight, or insight - a sudden understanding of the essential relationships and structure of the situation as a whole, which is not derived from past experience, through which a meaningful solution to the problem is achieved; - decisions based on judgments, unlike intuitive ones, are made on the basis of knowledge, acquired life and professional experience of the manager; - rational decisions - are made on the basis of an objective analysis of the available information. The adoption of such decisions goes through such stages as: diagnosing the problem that has arisen, assessing the difficulty of its solution; identification of restrictions that narrow the possibilities of decisions; selection of alternative solutions (alternatives) that seem to be the most optimal, their preliminary assessment and forecasting of the consequences of their implementation; directly the process of implementing the decision, during which its real value is determined. It is this path that many decisions of the investigator go through, starting from the stage of initiating a criminal case and ending with the presentation of charges and the subsequent referral of the case to the court. Similarly, decisions are made when considering civil disputes by courts. Leadership styles. From the point of view of decision-makers, they can be divided into those that are made individually (independently) and collegially. The decisions of the first type include, for example, the decisions of the investigator, taken by him in a criminal case during the preliminary investigation. Decisions are made by judges alone at the stage of preparation for consideration of a criminal case in a court session, in the preparation of civil cases for trial. Collegial decisions are taken by the composition of the court. The style of leadership has a serious influence on the procedure for making individual decisions: authoritarian, democratic, liberal. The head of a law enforcement agency, who adheres to an authoritarian leadership style, when making a decision, relies primarily on his own opinion, on his vision of the problem situation and ways out of it. Such decisions are usually issued in the form of orders, instructions, resolutions, orders, subject to unconditional implementation. With a democratic style of management, the leader at the decision-making stage allows for a collective discussion of alternatives, the most optimal ways to achieve the goals set, and takes into account the opinions of those involved in the decision-making. And, finally, the liberal style of decision-making is characterized by the passivity of the leader's behavior, his detachment from this process with the actual assignment of management functions to the informal leader. In addition to leadership style, other factors influence the decision-making process, namely: - personal qualities of the leader; - the environment (circumstances, situation, etc.) in which the decision is made. The greatest difficulty in the activities of a lawyer is represented by uncertain, problematic situations that prompt him to actively search through diverse, often conflicting information, to assess the possible consequences of decisions made before any of them is taken. Such situations are of a different scale, for example, an investigative situation in which a decision is made to charge the suspect, conduct a search, face-to-face confrontation, or the situation that develops in the deliberation room when a sentence is passed with the determination of the punishment by the composition of the court. Decision-making methods. The choice of decisions is a complex psychological process in which logical constructions are often a purely external reflection of deeper, hidden not only from extraneous observation, but also from the subject himself, mental phenomena that influence his choice of certain methods and methods of decision-making. Let's look briefly at some of these methods. Modeling method. A model is a representation of an object, system or idea in some form, different from the phenomenon under study, but reproducing certain essential properties of the original system. For a lawyer, such a model of professional interest can be a model of a particular conflict (conflict situation) of a legal nature, in which various subjects of legal relations are involved. In the process of modeling, the method of playing roles is widely used with predicting the actions of competing parties under the influence of various options for decisions (alternatives) on them. The decision tree method is a diagrammatic representation of a stepwise decision-making process, followed by an assessment of the impact of its possible outcomes on subsequent decisions. This method is widely used, for example, when a complex interrogation is planned with the presentation of certain evidence to the interrogated. It is an integral part of the forecasting method. Method of peer review. The advantage of this method is that its use provides the lawyer with the opportunity to take into account the opinions of various persons with different experience, specializing in a particular area of application of legal knowledge, before a final decision is made. This method has some similarities with the method of generalization of independent characteristics used in the study of personality. Thus, the decision-making process is considered as a component of human intellectual activity. It reflects the motivational sphere, individual psychological characteristics, personality traits of a lawyer: breadth, depth, flexibility of thinking, analytical qualities of the mind, self-criticism, developed imagination, strong-willed qualities, determination, emotional stability of the individual (especially when a decision is made in extreme conditions with an acute shortage of information and time), competence, professional maturity, focus on achieving success in professional activities. All these qualities form the individual style of legal decision-making by lawyers. However, whatever this style may be, decisions in their content and form must strictly comply with the provisions of the law. This is a distinctive feature of many decisions made by lawyers in the investigation of criminal cases, the resolution of civil disputes, etc. Topic 16. PSYCHOLOGICAL FEATURES OF LEGAL PROCEEDINGS 16.1. Psychological features of judicial activity Trial as a stage of the criminal process follows the preliminary investigation. During the trial, the court must fully analyze the version of the preliminary investigation, as well as all possible relationships between the events and circumstances of the case. In addition, the court can put forward its own version of any criminal case. The activity of the court is based on the principles of publicity, orality, immediacy, continuity of the process; when the parties are in conflict. The judge must have certain mental qualities, in particular, emotional stability and the ability to engage in constructive activities in the extreme conditions of the criminal process, because it is no secret that it is in the court session that the aggressiveness, anger and hatred of the parties concerned are reproduced. In such a situation, a judge needs to show restraint, tolerance, and also the ability at the right time to use his authority, which the state has endowed him with. All activities of the court should be aimed at establishing the truth in the case, making the only correct, legal decision on the verdict. 16.2. Studying the materials of the preliminary investigation and planning the trial At the stage of studying the materials of the preliminary investigation, the judge gets acquainted with the materials obtained during it. It is at this stage that the analytical side of the mental activity of the judge is activated, who tries to imagine the image of the emergence and development of the event under study, mentally conducting various experiments and putting forward his own versions. When putting forward a judicial version, the judge should be based only on verified and reliable facts in order to avoid judicial error. In addition to the judge, the prosecutor and defense counsel get acquainted with the case materials, critically analyzing the collected evidence, making appropriate extracts from the case in order to identify violations of the procedural law. To assess the available evidence, each circumstance of a particular criminal case is considered from the point of view of procedural opponents, The judicial investigation is a part of the trial, in which the defendant and all participants in the process take part in order to directly examine the evidence collected during the preliminary investigation and present them to the court. The presented evidence is carefully examined, its admissibility and relevance are identified and analyzed. In accordance with the current legislation, the court can issue a sentence only on the basis of the evidence that was considered in the judicial investigation. The psychological task of a judge in a judicial investigation is to provide guaranteed rights and opportunities to procedural opponents (prosecutor and defense counsel) in order to ensure the adversarial nature of legal proceedings. The judge must tactfully but firmly respond to unacceptable situations (rudeness and incorrect behavior of the parties), thereby introducing the process into the right procedural channel. You can not resort to moralizing and notations. During the trial, the judge should contribute to the removal of the oppressive and depressed atmosphere. 16.3. Psychology of interrogation and other investigative actions in court The judicial investigation is built on the interrogation of all participants in the process, therefore the following are unacceptable: - negligence on the part of the chairman; - his lengthy negotiations with the judges; - manifestations of intolerance, irony or disrespect for others. All questions put to the participants in the process must be supervised by the members of the court without fail. The judge must always remember how subjective the victim, who is an interested person, can be in his testimony, and therefore his testimony must be given the closest attention. The psychological characteristics of the victim are very important for determining the degree of responsibility of the accused, so the court must also take into account the provocative behavior of the victim, which is recognized as an mitigating circumstance for the defendant. The court must provide mnemonic assistance to all those involved in the process, reminding them of the starting events of the crime, their sequence, as well as linking them to events that are vital for this participant in the process. Particular attention during the judicial investigation should be given to the interrogation of the expert in order to find out what research methods he used. Psychology of judicial debate and judicial speech. In accordance with the criminal procedure law, judicial debates consist of speeches by accusers; civil plaintiff; civil defendant or their representatives; defense counsel for the defendant. The duration of the debate is not limited by law, however, the presiding judge has the right to stop those participating in the debate if they affect circumstances that are not relevant to the case. At the end of the debate, their participants have the right to a remark. Each participant in the judicial debate delivers a judicial speech that is closely related to the results of the judicial investigation and the evidence obtained in the course of it. The purpose of a judicial speech is to have a convincing impact on the court through appropriate arguments. The speech of the speaker must be clear, competent from the point of view of the law and accessible to all participants in the judicial investigation. Giving the psychological characteristics of the defendant, one should not carelessly treat his personality and the psycho-traumatic factors of his behavior. The art of judicial speech is to arouse solidarity among judges with what has been said by providing strong arguments supported by the evidence available in the case. The main technique of oratory is the impact on others, prompting the independent development of their thoughts. Psychology of the prosecutor's speech in court. The prosecutor in court has the duty to maintain public prosecution, which should be based on the actual circumstances of the legal assessment of the crime committed by the defendant. The prosecutor has the right to insist on an accusation only if the materials of the investigation confirm it, otherwise he must drop the accusation. The prosecutor's speech should be based only on irrefutable evidence and specific facts that are analytical, not narrative. Obviously, the analysis of the crime event should first of all be aimed at proving that the crime event took place and that it was the defendant who was guilty of committing it. For this, the evidence must be strictly systematized, which ultimately ensures the correctness of the accusation. Psychology of the speech of the defender in court. The procedural function of a lawyer is to defend the defendant with the argumentation of his arguments. Providing legal assistance to his client, the defender must prevent arbitrariness in legal proceedings and prevent a possible judicial error. By working in court, the defender helps his client to perform legally competent actions. In psychological terms, a trusting relationship should develop between the defender and the client, while the defender should not be connected with the will and position of the client, he independently determines the direction and tactics of the defense he has built, speaking on his own behalf. The speech of the defender should be based only on the evidence collected in the case, which can refute the accusation brought against his client or mitigate his responsibility. A lawyer, like no one else, must remember the presumption of innocence, using any doubt when interpreting the law in favor of his client. By his actions, he must ensure the completeness of the defense, disclose all the psychological circumstances of the act committed by his client, in order to cause the court to indulge him. The speech of the lawyer who speaks after the prosecutor must be reasoned and convincing enough to break down the psychological barrier that has developed after the speech of the prosecutor. But one must always remember that the defense techniques must be correct and tactful, they must show the civil position of the defender. Psychology of the defendant in court. The situation in the court has a negative impact on the psyche of the defendant. If, however, such a preventive measure as detention is chosen for the defendant, then waiting for the trial in the pre-trial detention center often leads him to mental exhaustion, which is aggravated directly in the courtroom. The defendant experiences a feeling of fear before the judicial investigation, and especially before the sentencing; this feeling is aggravated by shame in front of relatives and relatives, as well as in front of the victim. For any defendant, an excessively harsh sentence with a long prison term becomes a life catastrophe. Psychological aspects of justice and legality of criminal punishment. In the course of the judicial investigation, the court must analyze and take into account all the circumstances that served to commit the crime by a particular defendant, assess his personal qualities, which determined the socially significant features of his behavior. When individualizing punishment, the court must take into account: - the form of guilt, the purpose and motives of the crime; - mental state of the defendant; - features of his personality For imposing punishment by the court, the repetition of the crime is of great importance. The personality of the defendant is characterized by both aggravating and extenuating circumstances. Mitigating circumstances are frank confession, confession, public repentance, readiness to compensate for the damage caused, etc. Psychology of sentencing. The decision of the verdict is the final stage of the trial. For this purpose, the court retires to the deliberation room, where it decides the entire list of issues put for resolution by the court. The law states that every question put to the decision of the court must be put in such a form that it can be answered either in the affirmative or in the negative. The sentence must be drawn up in understandable and accessible terms, and the description of the criminal act must correspond to the facts established by the court. The justification of the court decision must contain an analysis of the evidence being examined and strong arguments according to which the court accepted some of them and rejected others. The decision on the type of punishment must be formulated in such a way that no doubts arise during the execution of the sentence. Literature Andreeva G.M. Social Psychology. M., 1996. Gurov A.I. On some issues of studying criminal professionalism // Soviet state and law. 1987. No. 5. Kochenov M.M. Introduction to forensic psychological examination. M., 1980. Kochenov M.M. Theoretical foundations of forensic psychological examination: Abstract of the thesis. dis... doc. psychol. Sciences. M., 1991. Criminology / Ed. V.N. Kudryavtseva, V.E. Eminova. M., 1999. Leontiev A.A., Shakhnarovich A.M., Batov V.I. Speech in forensic science and forensic psychology. M., 1977. The identity of the offender / Ed. V.N. Kudryavtseva et al. M., 1975. Lunev V.V. Motivation for military crimes. M., 1974. Luria A.R. Fundamentals of neuropsychology. M., 1973. The Mechanism of Criminal Behavior / Ed. V.N. Kudryavtsev. M., 1981. Mikhailova A.N. Psychology of communication. M., 2000. Professional ethics of law enforcement officers: Textbook / Ed. G.V. Bubnova, A.V. Opaleva. M., 2000. Psychology and ethics of business communication / Ed. V.N. Lavrinenko. M., 1997. Psychology: Dictionary. Ed. 2nd / Ed. A.V. Petrovsky, M.G. Yaroshevsky. M., 1990. Rozin V.M. Psychology for a lawyer. M., 2000. Romanov V.V. Legal Psychology: Textbook. M., 2002. Selivanov N.A. Some features of the investigation of crimes committed by criminal groups // Prosecutor's and investigative practice. 1997. No. 1. Stolyarenko AM Experience in developing a psychological concept of management in the sphere of law and order // Psychological journal. 1983. No. 3. Stolyarenko L.D. Fundamentals of psychology. Rostov-on-Don, 2000. Your professional ethics / Ed. V.M. Kukushina. M., 1994. Tkachev N., Minenok M. Associations of criminals: forms and specific features // Socialist legality. 1991. No. 12. Chufarovsky Yu.V. Legal psychology. M., 1999. Shekhter M.S. visual recognition. Patterns and mechanisms. M., 1981. Shikhantsov G.G. Legal psychology. M., 1998. Ethics of professional activity of law enforcement officers. M., 1998. Authors: Kosolapova N.V., Ivanova A.I.
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