Content

Introduction ……………………………………………………………… .3

The subject of a forensic psychological examination of emotional states and the reasons for its appointment …………………………………………… ..4

Features of carrying out a forensic psychological examination of emotional states ............................................. 6

Questions raised during the examination ………………………… 7

Expertise methodology ……………………………… ..8

Conclusion …………………………………………………………… .9

References ………………………………………………… ... 10

Introduction

The most common type of forensic psychological and complex psychological and psychiatric examination is the examination of the emotional reactions and states of the accused (defendants). The relevance of a differentiated legal approach to the assessment of such offenses is beyond doubt - criminologists note that the number of murders committed in a state of “intense emotional excitement” has been increasing at an outstripping pace in recent years, and they associate this with the growth of illegal encroachments on lawfully behaving citizens.

Forensic psychological examination is a complex psychological study using a very wide range of methods. In each individual case, the choice of research methods is determined by the nature of the questions posed to the examination. At present, for the permission of the examination, questions are most often raised about the presence or absence of a physiological affect in the subject during the period of the acts incriminated to him, about the degree of awareness of the significance of their actions by juvenile offenders, about the presence of mental retardation.

The subject of psychological expertise is not to establish the reliability of the testimony of victims, accused, defendants, witnesses, etc. (this is within the competence of the investigation and the court), and finding out the ability of the interrogated person, due to the individual characteristics of the course of mental processes, to adequately perceive, store in memory and reproduce information about the facts to be proved.

In accordance with the Criminal Procedure Code, an examination is appointed in cases where special knowledge in science and technology is required during the production of an inquiry, preliminary investigation and court proceedings.

Any psychological characteristics of mentally healthy people can be the subject of psychological research. The reason for the appointment of a forensic psychological examination is a number of circumstances.

The subject of a forensic psychological examination of emotional states and the reasons for its appointment.

Examination of emotional states finds out nWas the accused in a state of physiological affect or other emotional state that could affect his behavior at the time of the commission of the act incriminated to him?

How did it affect the person’s ability during the specified period of time to be aware of his behavior and to lead it?

Physiological affect as an emotional state that does not go beyond the norm, characterized by sudden onset, great strength and short duration, is studied within the framework of psychology. Historically, the definition of "physiological" was introduced to emphasize the difference between a simple, normal affect and a pathological one, to show that its physiological basis is formed by neurodynamic processes natural for a healthy person.

In psychiatry, pathological affect is considered as an acute short-term mental disorder that occurs suddenly and is characterized by such features as:

Deep clouding of consciousness, which according to "the structure should be attributed to the twilight states";

Violent motor excitement with automatic actions;

Complete (or almost complete) subsequent amnesia for the actions performed.

The state of pathological affect is marked by extreme tension and intensity of experience, and actions performed in this state have great destructive power. In most cases, an outbreak of pathological affect ends with a more or less prolonged and deep sleep.

Thus, a pathological affect is a morbid state of the psyche and therefore can be correctly assessed and investigated only by a psychiatrist. In this case, not only the state of pathological affect is diagnosed, but also the question of the subject's sanity in relation to the socially dangerous actions committed by him is resolved. Persons who have committed unlawful acts in a state of pathological passion are recognized, as a rule, by a forensic psychiatric examination as insane.

In psychology, affects are called "strong and relatively short-term emotional experiences, accompanied by pronounced motor and visceral manifestations."

According to S. L. Rubinstein's definition, affects are "rapidly and violently proceeding emotional processes of an explosive nature.".

One of the conditions, as it were, preparing an affective outburst is the repetition of situations that cause an affective attitude, because it leads to the accumulation, accumulation of experiences, which can further cause an affective outburst.

They are viewed as a temporary mental change that is not painful in nature.

Physiological affect can arise only in a situation that has specific signs. It is rightly emphasized in the legal literature that this situation (in particular, the situation of violence or insult on the part of the victim) should "exist in reality, and not in the imagination of the subject."

The Supreme Court of the Russian Federation has repeatedly noted that the commission of a crime by the accused while intoxicated does not exempt forensic experts from the need to give a psychological assessment of his behavior, to determine the presence or absence of passion.

We must agree with I.A. Kudryavtsev, who believes that the affect against the background of alcoholic intoxication is a kind of "abnormal affect" and is designated as "the affect in a state of alcoholic intoxication."

Accumulation (accumulation) of affective experiences is characteristic of persons characterized by indecision, social shyness, anxious self-esteem, rigidity, a tendency to "get stuck" at the source of the conflict.

Circumstances associated with the mental state of the person at the time of the crime. (Possibility of the appearance of affect, emotional outburst, etc.) If there is reason to believe that emotional excitement really narrowed the consciousness, became the cause of uncontrollable, impulsive actions - the appointment of an EIT is necessary.

2. Features of carrying out a forensic psychological examination of emotional states.

In general psychology, affects are usually understood as strong and relatively short-term emotional experiences, which are a response to a strong emotional stimulus, to a situation that has actually come.[ 4; p. 220 ] ... The difference between affects and emotions is not so much quantitative as qualitative - if emotions are perceived by the subject as states of his I, affects are states that arise against the will of a person. The most important feature of affects is a violation of the conscious volitional control of one's own actions, and it is this circumstance that allows the wrongful acts of the accused, committed in a state of passion, to acquire a specific legal meaning. From the standpoint of criminal legislation, such emotional states of the accused that significantly limit his "free will" in choosing a deliberate purposeful action can be recognized as legally significant. The affect that limits the accused's conscious volitional control of his actions, thereby, if legal formulations are applied, reduces his ability to realize the actual nature and social danger of his actions, or to direct them at the time of committing the act incriminated to him, which is reflected in the re-qualification of his crime into those articles Of the Criminal Code of the Russian Federation, which provide for a fairly significant mitigation of punishment.

The above also determines the scope of the concept of "affect", allowing it to include all emotional reactions and states that significantly limit the ability of the accused to fully understand the nature and meaning of his actions when committing a crime and to exercise their volitional control.

3. Questions raised during the examination.

The main issue of the forensic authorities, which is resolved with this type of forensic psychological examination:

In the theory of forensic examination, there are three groups of questions that can be posed to an expert during the examination:1) issues related to mental properties and personality traits;2) questions related to the effect on the psyche of various conditions and to the related states of a person at the time of the event being investigated;3) questions related to the peculiarities of the course of mental processes in a given personality.

The expert may be asked a variety of questions for resolution, the variety of which depends on the characteristics of the crime in question. However, it is necessary to highlight the issues of a general nature of psychological examinations:1. What is the general psychological characteristics of the subject (temperament, character, inclinations, etc.)?2. What mental properties of a person have a pronounced character and can have a significant impact on his behavior (irascibility, isolation, etc.)?3. What are the dominant motives in the behavior of this person?4. What type of memory is predominant in the subject?5. Could this person, based on his individual psychological characteristics, perceive a certain sound, light, smell, speed of movement of an object?6. Does the subject have features that can affect the objectivity of his testimony?7. How could the mental state of the subject at the moment of perceiving the event have influenced the correctness of perception, memorization, reproduction of facts that are significant for the case?8. Could the person have foreseen the consequences of their actions?9. Could the accused, based on the state of his psyche, be aware of the significance of his actions or direct them?

The above issues are fundamental in the production of expertise. Further, when posing questions to an expert, the investigator proceeds from the characteristics of the person being tested and the forensic situation.

4. Methods of examination.

To determine what emotional state he was inthe defendant at the time of the crime, his individual psychological characteristics are necessary:

1. The study of temperament, character traits using the following methods: Eysenck's questionnaire, Y. Strelyau's test questionnaire, Leonhard's characterological questionnaire method (for identifying character accentuation).

2. Research of cognitive processes: attention with the help of the Schulte Tables techniques (non-switchability, determination of mental tempo, attention span), Munsterberg technique (selectivity of attention); memory - the "Pictogram" technique (determination of mediated memorization, as well as for the analysis of the nature of associations and visual-figurative thinking, especially the emotional state and for the detection of pathology), the 10-word technique (Luria); the study of thinking using the method of Veksler, Ketell, the method "Establishing the sequence of events" by A. Bernstein.

3. The study of the functional and emotional state using the techniques 16-factor personality questionnaire Ketell, SAN, Test Hands (to determine the presence of open aggressive behavior), Methodology "Strategies of behavior in a conflict situation" K. Thomas, Thomas test Descriptions of Thomas behavior (for the diagnosis of personality predisposition conflict behavior, identifying certain styles of resolving a conflict situation), SMIL Sobchik, a technique for measuring the level of anxiety (J. Taylor's scale).

4. The study of self-esteem using the methods of Dembo-Rubinstein, Budassi S.A.

5. Research of value and social attitudes by methods M. Rokich's value orientations (definition of the value-motivational sphere of a person), List of Edwards' personal preferences, Methodology for diagnosing socio-psychological attitudes of a person Potemkina O.F.

6. The study of the emotional-motivational sphere using the projective methods of TAT, Rosenzweing's Picturesque Frustration, Rorschach Spots, the Bass-Darki Questionnaire for determining aggressiveness, the method for diagnosing the level of social frustration of L.I. ...

Conclusion

The legal significance of the forensic psychological examination of the affect (emotional reactions and states) of the accused (defendant) is determined by the possibility of qualification by the investigation or by the court of Art. 107 of the Criminal Code of the Russian Federation ("Murder committed in a state of passion") and Art. 113 of the Criminal Code of the Russian Federation ("Infliction of grave or moderate harm to health in a state of passion"). The legal qualification of these articles occurs when the expert establishes the affect of the subject at the time of the commission of the actions incriminated to him and the presence of such legally significant signs as the deliberate commission of a crime, as well as the provocation of the affect by violence, mockery, grave insult or other illegal or immoral actions of the victim, as well as a long-term psycho-traumatic situation that arose in connection with the illegal or immoral behavior of the victim.

The competence of the forensic psychological examination includes the answer to the following question of the forensic authorities:

"Was the accused (defendant) in a state of passion at the time of committing the acts incriminated to him?"

An affirmative answer to this question is possible with the expert establishment of a physiological affect and its variants (cumulative affect and affect against the background of mild alcoholic intoxication) or an emotional state (excitement, tension) that has a significant impact on the consciousness and activity of the accused.

Thus, a forensic expert opinion on the presence of a state of passion should be based on the psychological qualifications of those emotional reactions and states that significantly limit the ability of the accused, when committing a crime, to fully understand the nature and significance of his actions and to exercise their arbitrary volitional regulation and control. At the same time, an expert psychologist should carry out differential diagnostics between affect and emotional reactions and states that do not reach the severity of affect and do not significantly affect consciousness and behavior.

Bibliography

1.A. N. Leontiev, Needs, motives and emotions, M., 1971, p. 36.

2. Bulletin of the Supreme Court of the Russian Federation. 1991. No. 8. P. 11–12; Bulletin of the Supreme Court of the Russian Federation. 1991. No. 6. P. 6–7; 1997. No. 4. P. 8–9.

3. Kudryavtsev I. A. Forensic psychological and psychiatric examination. M .: Medicine, 1988.S. 118.

4. KalashnikYa.M. Pathological affect // Psychology of emotions. Texts. M., 1984.S. 220-227.

5. Mamaichuk I.I.Examination of personality in judicial and investigative practice. SPb .: Rech, 2002.S. 89.

6.Safuanov F.S. Forensic psychological examination in criminal proceedings. M., 1998.

7. SafuanovF.S. On the main categories of forensic psychological examination in the criminal process // Psychological journal. 1994. No. 3. S. 51-54.

8. "Forensic Psychiatry", ed. G.V. Morozova, M., 1965, p. 390.

9.S. L. Rubinstein, Fundamentals of General Psychology, M., 1940, p. 419.

10 . E. F. Pobegailo, Premeditated murder and the fight against them. Voronezh, 1965, p. 142.

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The moment of affective discharge comes unexpectedly, suddenly for the accused himself, in addition to his volitional control. There is a partial narrowing of consciousness - the field of perception is limited, attention is concentrated entirely on the subject of violence. As a result, "the first suitable object that comes into the field of attention may become an instrument of crime, the choice is limited. Consciousness is overflowing with blind rage, anger, resentment, and the appearance changes accordingly - facial features are distorted, its color changes, the pupils of the eyes dilate. The accused reacts weakly to external influence, may not pay attention to their wounds, the type of blood. Behavior acquires the features of inflexibility, becomes simplified, complex motor skills that require control of consciousness are lost, actions are stereotyped, motor automatisms dominate - in the forensic picture of the crime, there may be a plurality of blows and wounds, their uniformity, crowding and obvious redundancy. Arbitrariness, conscious control of actions is reduced, but their energy increases, movements acquire sharpness, impetuosity, continuity, great strength. The moment of affective discharge comes unexpectedly, suddenly for the accused himself, in addition to his volitional control. There is a partial narrowing of consciousness - the field of perception is limited, attention is concentrated entirely on the subject of violence. As a result, "the first suitable object that comes into the field of attention may become an instrument of crime, the choice is limited. Consciousness is overflowing with blind rage, anger, resentment, and the appearance changes accordingly - facial features are distorted, its color changes, the pupils of the eyes dilate. The accused reacts weakly to external influence, may not pay attention to their wounds, the type of blood. Behavior acquires the features of inflexibility, becomes simplified, complex motor skills that require control of consciousness are lost, actions are stereotyped, motor automatisms dominate - in the forensic picture of the crime, there may be a plurality of blows and wounds, their uniformity, overcrowding and obvious redundancy, while arbitrariness, conscious control of actions decreases, but their energy intensifies, movements acquire sharpness, impetuosity, continuity, and great strength.

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In almost all types of forensic psychological and psychiatric examination, the conclusions of the experts relate to the legal (psychological) criteria of a particular ability of the expert, for example, the ability of witnesses to correctly perceive the circumstances that are important for the case, and to give correct testimony about them. When, along with legal issues, the pathology of the psyche is also determined, this is the subject of a forensic psychiatric examination. If we are not talking about medical deviations, then the object is subjected to a forensic psychological examination.

However, there is a type of forensic psychological examination that has no analogues in forensic psychiatric practice. With this type of examination, the subject of research is not one or another ability of the subject, assessed using a legal criterion fixed in criminal law, but a psychological concept - the physiological affect of the accused.

In the practice of law enforcement agencies, this type of forensic psychological examination is used most often. In criminal law, physiological affect is associated with strong emotional excitement, which is understood as "such a disorganization of mental activity in which a person does not completely lose understanding of the situation and the actions he performs, but largely loses control over them." If we proceed from the innovations of the Criminal Code of the Russian Federation, then the concept of affect also covers such emotional states that do not have the character of a physiological affect, but nevertheless significantly limit the freedom of will of the accused when committing a crime the subject as a state of his "I", affects are states that arise against the will of a person. "

In psychology and psychiatry, there are three types of affects:

1) physiological;

2) physiological on a pathological basis;

3) pathological.

The division of affects is carried out according to external manifestations (which are determined by the strength and specificity of the course of internal reactions) and according to the "soil" on which they arise.

The concept of "physiological affect" arose in the depths of psychiatry as an alternative to the concept of "pathological affect". Pathological affect refers to painful disorders of mental activity, i.e. is the medical criterion for insanity.

Physiological affect is a strong and relatively short-term emotional state that has an "explosive" character, accompanied by pronounced motor and autonomic manifestations. As a rule, affect gives discharge in action, not subject to conscious volitional control. It arises in cases where there is a deliberate threat to the leading life values of a person, i.e. this state is preceded by the so-called affectogenic situation.

According to M.M. Kochenov, there are three mechanisms for the emergence of affect. The first is connected with the fact that affect arises as a result of the accumulation (accumulation) of negative emotional experiences in a person. In this case, an insignificant negative impact, which has become, figuratively speaking, the “last straw”, can become a "trigger" for the development of an affective state.

The second mechanism is a reaction to a one-time action of a very strong stimulus (insult, threat, violence). The third mechanism is associated with the revitalization of previously formed traces of excitement, when the repeated action of the stimulus causing the affect was, as it were, delayed for a time - from several minutes to several years.

V.F. Engalychev and S.S. Shipshin consider the signs of physiological affect as follows.

1. The suddenness of occurrence. Some investigators confuse the suddenness of onset with the short duration of the affect. This is not true. Affect arises suddenly not so much for those around them as for the subject of the experience itself, i.e. the person is not going to fall into this state, he is not engaged in self-screwing. No, the affect arises spontaneously, against the will of a person, as if having mastered him.

2. Affect is characterized by explosive dynamics. This means that in an extremely short time interval (up to fractions of a second), the state reaches its highest point, that is, there is, as it were, a qualitative leap to a different level of energy, the course of mental processes.

3. The short duration of the affective state. Affect can be counted in seconds and last for minutes. When they say that “the state of mental excitement lasted 15 minutes or more, this is, of course, to put it mildly, an exaggeration or a completely different state.

4. Affect is characterized by the intensity and intensity of the flow. A person has a kind of release of all his internal resources (physical and psychological). In a state of passion, an asthenic person of melancholic temperament can knock out an oak door with one blow, literally destroy an opponent who is significantly superior in strength, etc. Moreover, in the future, in the course of the investigative experiment, he will never be able to repeat his "feat" no matter how hard he tries.

5. Affect has a disorganizing effect on mental activity. Disorganization affects all aspects of human behavior, higher mental functions. This is expressed in the narrowing of consciousness to the limits of a traumatic situation, which at the level of perception leads to its subjectivization, narrowing of volume, fragmentation. At the level of thinking, there is a loss of its flexibility, a decrease in the quality of thought processes, which leads to the realization of only the immediate, and not the final goals of the activity. This, in turn, causes a sharp decrease in conscious control over actions and behavior in general, a violation of purposefulness, expediency and sequence of actions.

6. Affect is accompanied by excitement, stereotypical motor activity (this is precisely the phenomenon that often confuses investigators who, given the multiplicity of injuries in the victim, come to the conclusion that the crime was committed with particular cruelty. In affect, excitement can provoke a sharp increase in motor activity :

a person rushes about, makes a lot of unnecessary disorderly movements, inflicts many wounds on his victim (damage can be counted in dozens). At the same time, the weapon of crime is not always adequate: it can be any object that comes into the field of vision. All this indicates a sharp decrease in the quality of the course of mental processes, recession, primitivization of the mental activity of a person in a state of passion.

7. In a state of passion, vegetative shifts are observed. This manifests itself in a change in the respiratory rate, intensification of cardiac activity, redness or pallor of the skin, drying out of the oral mucosa, change in voice, etc. Often such manifestations are noted by witnesses who saw the accused at the time of the crime or immediately after it.

Further, the authors write about such phenomena characteristic of affect as partial amnesia for the details of a criminal event and asthenic syndrome. Many investigators, when considering cases of murders committed in a state of physiological passion, were faced with the fact that the accused did not remember a number of circumstances and details. In particular, he cannot say how many blows he inflicted on the victim (as a rule, the first one or two blows are remembered), where he struck, and also with what he struck. Very often the accused cannot say where and how they took the instrument of the crime. This is a consequence of the disorganization of mental processes, including memory, caused by the affective state (and not just the desire of the accused to avoid responsibility).

As for the asthenic syndrome, it should be noted here that the final stage of the effect is a decline, which also manifests itself in the state of all mental functions. A person in a post-affective state, as a rule, shows lethargy, indifference, depression, weakness, loss of strength (in extreme manifestations, asthenic syndrome can cause vomiting, sleep). There may also be a decrease in the adequacy of behavior (for example, a woman who has committed the murder of her husband runs away from the scene, leaving her one and a half year old daughter in the apartment with the corpse).

As you can see, all of the above signs indicate that affect is an extreme, extreme state that causes drastic changes in a person's mental activity, which is manifested in his behavior and specific actions. It should be remembered that physiological affect is not a pathological emotional state (like a pathological affect), since it causes a narrowing of consciousness, and not a darkening of it; does not eliminate conscious control over actions and behavior, but inhibits it, significantly reduces its level. Figuratively speaking, the physiological affect until a certain time "leaves a tail by which it can be grasped." This is indeed the case.

A person is not able to "cancel" an already arisen affect, but he is capable of correcting its course, channeling the direction of aggression. However, there is one "but", which, perhaps, until a certain time and depends on a large number of internal factors (personality strength, characteristics of the emotional-volitional sphere, the level of self-control), as well as on a large number of external factors. Unfortunately, we have to admit that in the overwhelming majority of cases, a person fails to take advantage of this opportunity when he develops a state of physiological affect.

Giving a brief description of the physiological affect, V.F. Engalychev and S.S. Shipshin note that this condition occurs in the presence of an affectogenic situation. Consider the signs of such a situation.

1. Conflict. It can be generated by the high personal significance of the traumatic impact on the part of the victim, violence, threat to life, health, self-respect, honor, dignity (both the accused himself and those close to him), lack of information about the situation and ways to resolve it. A conflict situation can be caused both by contradictions in relations with others (in particular, with the victim), and intrapersonal contradictions (in cases where a person has oppositely directed motives and impulses). For example, a person has to choose between two attractive solutions that require opposite actions, or when the goal is attractive and at the same time unattractive; there is also a choice between two equally unattractive solutions. Often in life, interpersonal and intrapersonal conflicts are combined.

2. Surprise. In this case, we are talking about the fact that the situation has novelty, dynamism, requires quick resolution, but the person is not ready for this, does not have adequate, suitable methods of action.

3. Extremity. This may be due to the fact that a person does not have sufficient information about the situation and experience in solving emerging unusual, new problems for him. In addition, as practice shows, affectogenic situations are characterized by transience, the presence of a significant amount of interference, which entails a lack of time for making a decision and its implementation.

4. Reality. This sign suggests that the affectogenic situation should be real, not imaginary. MM. Kochenov urges to understand this thesis not so straightforwardly, since the behavior of the victim can be perceived in different ways by a person depending on his system of values, functional state at the time of the incident, mood, previous experiences, etc.

Thus, there are two conditions for the emergence of a state of physiological affect: necessary and sufficient. The affectogenic nature of the situation is necessary. The absence of such a condition excludes the possibility of affect. At the same time, this is clearly not enough: not every affectogenic situation "generates" affect. The state will become a physiological affect in the case when it includes all the above-described features characteristic of it (or a significant number of them). Otherwise, we will deal with other mental states that can significantly disorganize a person's mental activity, but have dynamics and content different from affect. These include mental tension (stress), frustration, and confusion.

There are also such types of emotional states as cumulative affect, affect against the background of alcoholic intoxication, emotional arousal, which has a significant impact on consciousness and behavior, and emotional stress, significantly affecting consciousness and behavior.

The cumulative affect differs from the classical physiological affect in that its first phase, during which a long-term traumatic situation develops, which causes the accused to accumulate emotional stress, is usually extended in time. Individual psychological characteristics can also contribute to this. An affective explosion can also occur after an insignificant event - the "last drop". The second and third phases do not differ fundamentally from the physiological affect.

Affect against the background of alcoholic intoxication is characterized by the fact that the influence of alcohol intoxication on the course of affect is traced at the first stage of the onset of an emotional reaction, when events are seen in a more "threatening" form. No changes were observed in the second and third phases. An average, especially severe degree of alcoholic intoxication: the accused practically excludes the qualification of affect, since his behavior is already determined by disorders of mental processes under the influence of alcohol.

V.F. Engalychev and S.S. Shipshin write that the problem of the relationship between physiological affect and alcohol intoxication is very important. In investigative practice, there are frequent cases when the accused commits a crime while intoxicated and at the same time shows signs of an affective state. Here it should be noted that the physiological affect itself cannot arise in a state of alcoholic intoxication, since alcohol itself causes disorganization of a person's mental activity, i.e. in the causal chain "affectogenic situation - physiological affect" a new link appears - alcoholic intoxication. On the one hand, it facilitates the emergence of an affective or other extreme state, since disorganization of the processes of perception and thinking occurs (expressed in the subjectivization of perception and assessment of the situation, a change in the pace of mental processes, a decrease in their productivity, etc.). On the other hand, alcoholic disorganization affects the emotional-volitional sphere, the ability of a person to control his emotions and actions, causes motor disinhibition, which, in turn, deepens the negative impact of extreme mental states on consciousness and mental activity.

Taking this into account, it should be recognized that in cases where the accused is in a mild degree of alcoholic intoxication and at the same time shows signs of an affective state, we are not faced with a physiological affect, but with an abnormal affect (not to be confused with a pathological one!). This concept was introduced by I.A. Kudryavtsev to describe affective states in psychopathic personalities. In the presence of anomalous soil, such states disorganize consciousness and mental activity to a much greater extent than is normally observed in healthy people, and therefore, according to the author of this concept, they allow the court to differentiate "blameworthiness and responsibility for acts committed in affect."

Affect against the background of alcoholic intoxication, therefore, is a kind of abnormal affect, since alcoholic intoxication entails changes in the functioning of a person at the biological and psychological levels, which is precisely the very “abnormal soil”.

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

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

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

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

The state of affect is formed in the subject very quickly and within a fraction of a second can reach its climax, it arises suddenly not only for others, but also for the subject himself. Typically, the affect lasts for several tens of seconds. As already indicated, it is characterized by high tension and intensity of the realization of a person's physical and psychological resources. It is this that explains that in a state of passion, physically weak people blow out an oak door with a blow, inflict a large number of fatal bodily harm, that is, they perform those actions that they were not capable of in a calm environment.

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

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

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

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

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

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

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

Deep confusion;

Violent motor excitement;

Complete (or nearly complete) amnesia.

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

In a number of cases, if the accused has signs of mental retardation, psychopathic traits, if there is evidence of craniocerebral trauma, neurological disorders and other deviations not related to mental illness, it is effective to conduct a comprehensive psychological and psychiatric examination, for the resolution of which questions are raised that relate to the competencies of both types of expertise.

Difficult is the question of diagnosing physiological affect in a state of alcoholic intoxication. Information about the alcohol consumption by the accused prior to the commission of the crime does not relieve the experts of the need to thoroughly investigate his individual psychological characteristics, analyze the development of the tort situation, other circumstances of the case, in order to decide on the presence or absence of passion in each specific case. Therefore, it is legitimate to appoint an EIT for the subject of passion in relation to the accused who was in a state of alcoholic intoxication, especially in the case of a mild degree of intoxication.

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

1. What the suspect looked like at the time of the tort:

a) what was his complexion?

b) what did his eyes look like (pupils moving, narrowed or dilated)?

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

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

2. What did the person under investigation look like? What were the features of his behavior after the incident:

a) cried?

b) sat motionless?

c) tried to help the victim?

d) answered the questions adequately?

e) what was the rate of his speech (accelerated, slowed down, normal)?

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

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

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

5. What are the personality traits of the victim?

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

The somatic state on the eve of the tort (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);

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

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

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

In the materials of a criminal case, there must be characteristics of the person under investigation, and not only household and industrial, but also characteristics of witnesses. When interviewing witnesses, it is recommended to ask the following questions, for example: "Is the behavior of the person under investigation unexpected for you?" or: "Do his actions correspond to the personality traits of the person under investigation?"

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

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

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

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

How could the revealed personal characteristics influence the behavior of the person under investigation in the studied situation?

What was the mental state of the person under investigation at the time of the tort?

Was the person under investigation in a state of physiological passion or other emotional state that had a significant impact on his behavior?

The question of a different emotional state is pertinent, since the person under investigation at the time of the crime could be in such a mental state that, in its disorganizing influence on behavior, did not reach the depth of physiological affect, but had a negative impact on the conscious regulation of his behavior. Such emotional states that have a disorganizing effect on human behavior in a conflict situation can be stress and frustration. These emotional states are diagnosed by a psychologist and can be interpreted by a lawyer as states of intense emotional excitement and considered as a mitigating circumstance.

It is also important to differentiate the physiological affect from such an emotional state as frustration.

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

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

It is necessary to distinguish pseudo-frustrating human behavior from true frustrating behavior. Frustration behavior is characterized by a violation of motivation and expediency; with pseudo-frustration behavior, one of the above characteristics remains.

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

Legal psychology Vasiliev Vladislav Leonidovich

13.3. Forensic psychological examination of emotional states

13.3. Forensic psychological examination of emotional states

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

The state of affect is formed in the subject very quickly and within a fraction of a second can reach its climax, it arises suddenly not only for others, but also for the subject himself. Typically, the affect lasts for several tens of seconds. As already indicated, it is characterized by high tension and intensity of the realization of a person's physical and psychological resources. This explains the cases when, in a state of passion, physically weak people hit the oak door with a blow, inflict a large number of fatal bodily harm, that is, they perform those actions that they are not capable of in a calm environment.

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

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

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

Situations are possible when the affective mechanism is formed under the influence of a one-time extremely significant event for the subject (a spouse who suddenly returns from a business trip finds his wife in bed with his friend).

An intermediate mechanism is also possible, when the repeated negative effect of the stimulus was delayed in time (from several minutes to several years): a person suddenly meets his former offender, who resumes the previous persecution of the subject.

The peculiarity of the physiological affect is that it is perceived as an unusual, paradoxical, alien form of response to the person under investigation. Often the person under investigation is positively characterized at work and at home, has positive social attitudes, and a high degree of self-control. However, the relationship between the person under investigation and the victim is, as a rule, conflict-prone, and a conflict can arise both directly in a tort situation and long before it. In any case, the conflict that has arisen deeply affects the highly significant needs of the person under investigation and threatens his system of values. It is characteristic that the current situation is experienced by the person under investigation as hopeless, insoluble. Such a perception of the current situation can be caused both by objective reasons - a real threat from the victim, a lack of decision-making time, etc., and by the subjective characteristics of the person under investigation, his increased vulnerability, sensitivity, resentment, a tendency to "get stuck" at traumatic moments, lack of flexibility behavior, etc.

It is very important to assess the dynamics and specificity of the crime itself.

The very moment of committing a crime is a sudden outburst of accumulated emotional stress, uncontrollable emotional release. The triggering stimulus for affect can be both the threatening, aggressive action of the victim at the height of the conflict situation, and the insignificant, seemingly harmless impact that plays the role of the "last drop" against the background of a prolonged conflict.

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

Deep confusion;

Violent motor excitement;

Complete (or nearly complete) amnesia.

In a number of cases, the accused shows signs of mental retardation, psychopathic traits, if there is evidence of craniocerebral trauma, neurological disorders and other deviations not related to mental illness, it is effective to conduct a comprehensive psychological and psychiatric examination, for the resolution of which questions are raised that relate to the competencies of both types of expertise.

1. What the suspect looked like at the time of the tort:

a) what was his complexion?

b) what did his eyes look like (pupils moving, narrowed or dilated)?

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

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

2. What did the person under investigation look like and what were the features of his behavior after the incident:

a) cried?

b) sat motionless?

c) tried to help the victim?

d) answered the questions adequately?

e) what was the rate of his speech (accelerated, slowed down, normal)?

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

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

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

5. What are the personality traits of the victim?

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

The somatic state on the eve of the tort (the presence of somatic, nervous and other diseases, the presence of chronic fatigue, insomnia, etc.);

Peculiarities of interpersonal relations between the person under investigation and the victim (the presence of conflicts, their specifics and methods of their resolution);

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

In the materials of a criminal case, there must be characteristics of the person under investigation, and not only household and industrial, but also characteristics of witnesses. When interviewing witnesses, it is recommended to ask the following questions, for example: "Is the behavior of the person under investigation unexpected for you?" or "Do his actions correspond to the personality traits of the person under investigation?"

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

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

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

3. How could the revealed personal characteristics influence the behavior of the person under investigation in the studied situation?

4. What was the mental state of the person under investigation at the time of the tort?

5. Was the person under investigation in a state of physiological passion or other emotional state that had a significant impact on his behavior?

In psychology, stress is understood as a state of mental stress that occurs in a person in the process of activity in the most difficult, difficult conditions both in everyday life and in special extreme conditions. Stress can have both positive and negative effects on a person's activities, including even its complete disorganization. Objective signs that can be used to judge stress are its physiological manifestations (increased blood pressure, changes in cardiovascular activity, muscle tension, rapid breathing, etc.) and psychological (anxiety, irritability, feeling of anxiety, fatigue, etc.) ... But the main sign of stress is a change in the functional level of activity, which manifests itself in its tension. As a result of such a great stress, a person can mobilize his strength, or, conversely, as a result of excessive stress, the functional level decreases, and this can contribute to the disorganization of activities in general. Distinguish between physiological and psychological stress. Physiological stress is caused by the direct action of an adverse stimulus on the body. For example, we submerge our hands in ice-cold water, and we have stereotypical reactions (we pull our hands away). Psychological stress as a more complex integrative state requires a mandatory analysis of the significance of the situation, with the inclusion of intellectual processes and personal characteristics of the individual. If during physiological stress the reactions of an individual are stereotyped, then during psychological stress the reactions are individual and not always predictable. The occurrence of psychological stress in certain life situations may differ not due to the objective characteristics of the situation, but in connection with the subjective characteristics of a person's perception of it. Therefore, it is impossible to single out universal psychological stresses and universal situations that cause psychological stress equally in all people. For example, even a very weak stimulus under certain conditions can play the role of psychological stress, or even one very strong stimulus cannot cause stress for all, without exception, people exposed to it. These factors are very important in assessing the emotional state of a person, especially in forensic practice.

G. at the age of 58, in the evening, leaving his own apartment, stabbed a young man from the company that gathered late every night under the windows of G.'s apartment, talked loudly, laughed, sang songs, etc. summer months. Despite repeated warnings from the residents of the house, the company continued night gatherings and interfered with the rest of those around.

In recent months, G. suffered from insomnia, which was due to hard work (before retirement), minor family troubles, a general neurotic state in connection with climacteric age. That evening G. came home, he was feeling unwell, he wanted to sleep, to rest, and at that time the usual exclamations from the street began, the guitar played, and laughter rang out. G. grabbed the knife with which his wife was cutting potatoes and jumped out into the street. At this time, a young man came out of the bushes to meet him (by the way, from this company). G. stabbed him with a knife in the area of the hand (the victim, seeing a man with a knife, tried to defend himself, brush off his hand). Then G. came home and asked his wife to call an ambulance and the police. After a forensic psychiatric examination, which found G. sane, a forensic psychological examination was carried out.

The sub-expert made contact with the experts easily, willingly answered the questions posed, including those related to the materials of the criminal case. An analysis of the individual-typological characteristics of G. revealed sufficient strength on the part of nervous processes, but some inhibition, that is, the predominance of inhibitory processes over excitatory ones. G. was distinguished by moderate sociability, conformity, high frustration tension and anxiety were revealed. In the household and production characteristics, it was noted that the expert was a balanced, calm person, distinguished by discipline, hard work, and persistent moral principles. The subject showed a tendency to avoid conflict situations. The day before (in two weeks) I had a somatic illness, there were also troubles at work associated with a decrease in wages and a change in management. The subject was distinguished by an impulsive type of response to conflict (withdrawal in order to alleviate emotional stress). The expert described the situation of the incident in sufficient detail; amnesia, affective narrowing of consciousness in the studied situation, the subject was not traced. However, at the moment of tort, expressed emotional experiences of anger, resentment, deep discontent were noted.

In the interrogation protocols and during the examination, G. described the position in which the victim was, remembered where the knife had hit, and claimed that after that he immediately ran away to call an ambulance. Analysis of the dynamics of the subject's mental state at the time of the tort did not reveal a state of physiological affect in him.

The forensic psychological examination is not limited to a simple statement of the fact - whether there was an affect or not. The expert is faced with the task of establishing the causal relationships of the subject's emotional reactions. Description of the psychological patterns of the occurrence of emotional reactions in the subject helps the court and the investigation to highlight important aspects of the legal concept of "sudden strong emotional disturbance."

A particular difficulty in solving this problem arises in the case of cumulative affective reactions, which is clearly shown in the case with G. described above. The immediate, resolving reason for G.'s affective reactions was only provocative, and the real psychological reason for his action was the entire conflict situation as a whole. G.'s affective outburst immediately followed a permissive reason, namely, the appearance of a noisy company under the windows at midnight, but it is inappropriate to consider it in isolation, in isolation from the previous psycho-traumatic factors that took place in the subject. Psychological analysis showed that G. had been in a stressful state for a long time, which was due to many reasons: troubles at work against the background of chronic workload and intense work process, suffered a somatic illness shortly before the tort, which contributed to the development of asthenic syndrome, climacteric age. Chronic insomnia due to constant noise under the windows became the “last straw” in the formation of affective tension. Analyzing the internal picture of a tort, that is, the subjective significance of an affectogenic reason for the subject, a psychologist in no case should confuse it with a legal concept. Assessment of the objective side of the deed is the prerogative of the lawyer.

It is also important to differentiate the physiological affect from such an emotional state as frustration.

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

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

This pseudo-frustrating behavior is characterized by a partial loss of control on the part of the will of a person, but it is expedient, motivated and retains control from the side of consciousness.

Sub-expert B., 26 years old, being in hostile relations with her father D., stabbed him in the left half of the chest with a knife, which caused the victim to die on the spot. According to the conclusion of the forensic psychiatric examination, the expert was recognized as sane, the psychiatrists recommended a forensic psychological examination for physiological affect. Three questions were posed for the permission of the experts: 1. What are the individual psychological characteristics of B. under investigation? 2. How could they influence her behavior in the studied situation? 3. Is it possible to consider B.'s actions the result of a physiological affect?

During the examination it was revealed that B. is the second child in the family, there is a sister 13 years older. The subject described her childhood as bleak due to her father's systematic drunkenness. The older sister also drinks, and therefore the relationship with her is negative. The expert graduated from 8 classes, then vocational school, she loves her specialty (radio assembler) very much. Has two children. The materials of the case indicate the presence of long-term conflicts in the family of the expert in connection with the systematic drunkenness of the father, his aggressive and cynical behavior towards her. The main vital need for the subject was her family (her husband, whom she loved very much, and children). All this had a high personal significance for the expert. But the chronic traumatic situation in the father's house largely impeded the satisfaction of this significant need.

An analysis of individual-typological and personal characteristics, carried out with the help of an experimental psychological examination and study of the materials of the criminal case, showed that the type of higher nervous activity of the subject is strong, mobile, but unbalanced, with a predominance of excitatory processes over inhibitory ones. The level of intellectual development corresponds to the age and education received. There is a decrease in mental performance, which manifests itself in a decrease in auditory-speech memory, in increased fatigue, lability. This corresponds to the somatic (pregnancy) and mental state of B. Emotional instability was revealed in the personality structure, which manifests itself in insufficient self-control, in a tendency to impulsive reactions. Independence, responsibility, gullibility, persistence in achieving the set goal are observed. In a conflict situation, she is prone to outwardly accusatory reactions with increased fixation on emerging obstacles. Analysis of the data showed a persistent tendency of the subject to relieve emotional stress through increased irritability, insufficient self-regulation and a weak ability to search for adequate ways to get out of the conflict.

On the eve of the tort, the expert returned home from her mother-in-law, where her eldest son was temporarily staying. In her father's house there was her older sister, with whom her father drank in the kitchen, and her mother. The expert, not paying attention to the relatives, fed the child and put him to bed, then took the dog that belonged to her and went out into the street with it. When my sister and her father appeared on the street, the dog began to bark loudly and jump on the sister. The father started shouting at the expert, waving his arms, threatening to “strangle the dog”, while he began to pull the leash from the expert and push her away. The sister also scolded B. After everyone entered the house, the expert went to the kitchen to drink tea, and the father continued to swear loudly in his room. The subject took a knife to butter the loaf. She heard her father's loud cry. The subject with a knife went to his room to remind him of the sleeping child. The father shouted, predicted that he would give birth to a freak, called her names. Seeing his daughter with a knife, he began to scream even more, pushed her to the door. The expert stabbed him with a knife, after which she went into the bedroom to the crying child. She calmed him down, told his mother to call an ambulance and the police.

The analysis showed that at the moment of the tort the subject was in a state of high neuropsychic stress, however, she did not have any limitations in perception or impairment of control over the situation. She stated: "I felt the knife go in, an unpleasant sensation." There was also no stereotyped action or violation of their arbitrariness. The expert herself took the knife out of her father's body, heard that the child was crying, went into the room to calm him down, after that she advised her mother to call an ambulance and the police, washed the knife and put it in its place. In the post-affective stage, deep mental asthenia was not observed. The expert went to a neighbor to wait for the arrival of the police, smoked with her, then, hearing that the child was crying, returned home. The experts concluded that the subject's emotional reactions did not reach the depth of physiological affect. However, B.'s actions themselves were distinguished by their suddenness and impulsiveness.

In the post-affective stage, there was a lack of intellectual and physical exhaustion. The peculiarities of B.'s behavior in the studied situation were influenced by her high affective stress in connection with a chronic conflict situation in the family, as well as a low level of her mental adaptation due to general emotional instability, which in recent months was aggravated by pregnancy. High neuropsychic tension (frustration) contributed to disorganization of the subject's behavior in the studied situation, significantly limited her freedom of will.

Studies of persons who have committed crimes in a state of frustration have revealed in them the main personal and behavioral characteristics that predispose to crime. This is a deep emotional involvement in the situation, a tendency to assess their needs as highly significant, insufficient adequacy of behavior. Their increased emotional involvement in the situation is manifested in their emotional response to any, even insignificant, stimuli.

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

The specificity of behavioral reactions is significantly influenced by personal characteristics, especially the degree of emotional stability. Emotional instability is a significant factor predisposing to frustration; it manifests itself in the subject in increased sensitivity and excitability, emotional irritability, lack of self-control and anxious self-esteem.

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

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

This text is an introductory fragment. the author

13.2. Forensic psychological examination: sang and tasks Forensic psychological examination is a study carried out by a competent person - an expert - on the basis of special knowledge in the field of psychology in order to give an opinion, which after