Forensic psychological examination of legally significant emotional states. Traditional types of forensic psychological examination. Forensic psychological examination of emotional states

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

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

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

Difficult is the question of the diagnosis of physiological affect in a state of intoxication. Information about the use of alcohol by the accused before the commission of the crime does not relieve the experts of the need to carefully examine its individual psychological characteristics, analyze the development of the tort situation, other circumstances of the case, in order to decide in each specific case the question of the presence or absence of affect. Therefore, it is lawful to appoint an SPE on the subject of affect in relation to the accused, who was in a state of alcoholic intoxication. A qualified assessment of the emotional states of a person under investigation or a witness largely depends not only on the experience of a psychologist, but also on the amount of information about the personality and behavior of the subject of the crime in the materials of the criminal case. Unfortunately, in the process of interrogations and other investigative actions, investigators rarely fix their attention on the peculiarities of the state of health, the mood of the person under investigation before what happened. It is also very important to interview witnesses about how the defendant looked before the incident and at the time of the tort, what features in his behavior were observed after the incident.

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

a) What was the color of his face?

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

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

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

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

a) crying?

b) sat still?

c) tried to help the victim?

d) answered the questions adequately?

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

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

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

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

5. What are the characteristics of the victim?

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

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

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

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

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

- “Is the deed of the person under investigation unexpected for you? or: - “Do his actions correspond to the characteristics of the personality of the person under investigation?”

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

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

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 (social and psychological characteristics of the dynamics of their interpersonal relationships, their conflict, analysis of ways to resolve conflict situations, etc.)?

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

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

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

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

G., at the age of 58, in the evening, leaving his own apartment, stabbed a young man from the company, which every day, late in the evening, gathered under the windows of G's apartment, talked loudly, laughed, sang songs, etc. This continued throughout the summer months. Despite repeated warnings from the residents of the house, the company continued to have nightly gatherings and interfere with the rest of those around them.

In recent months, G. suffered from insomnia, which was due to hard work (before retirement), minor family troubles, and a general neurotic state due to menopausal age. That evening, G. came home, he felt unwell, he wanted to sleep, to relax, and at that time the usual exclamations from the street began, a guitar began to play, laughter was heard. G. grabbed the knife with which his wife was cutting potatoes and ran out into the street. At this time, a young man came out of the bushes (by the way, from this company). G. stabbed him in the arm area (the victim, seeing a man with a knife, tried to defend himself, waved his hand away). After that, 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 expert contacted the experts easily, willingly answered the questions posed, including those related to the materials of the criminal case. The analysis of individual and typological features of G. revealed sufficient force from nervous processes, but some lethargy, t; e. the predominance of inhibitory processes over excitatory ones. G. was distinguished by moderate sociability, conformity, high frustration tension and anxiety were revealed. In everyday and production characteristics, it was noted that the subject is a balanced, calm person, distinguished by discipline, diligence, and strong moral principles. The subject showed a tendency to avoid conflict situations. The day before (two weeks later) he suffered a somatic illness, there were troubles at work, connected with a decrease in wages and a change in bosses. The subject of the expert was distinguished by an impulsive type of response to the conflict (withdrawal in order to mitigate emotional stress). The expert described the situation of the incident in sufficient detail; amnesia, affective narrowing of consciousness in the situation under study was not traced in the subject. However, at the time of the delict, pronounced emotional experiences of anger, resentment, and deep discontent were noted. In the interrogation protocols and during the examination, G. described the position of the victim, remembered where the knife had hit, and claimed that after that he immediately ran away to call an ambulance. An analysis of the dynamics of the mental state of the subject at the time of the delict did not reveal a state of physiological affect in him.

Forensic psychological examination is not limited to a simple statement of fact - whether there was an affect or not. The expert is faced with the task of establishing causal relationships of emotional reactions of the subject. A description of the psychological patterns of the emergence of emotional reactions in the subject helps the court and the investigation to highlight important aspects of the legal concept of "suddenly strong mental agitation."

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. . G.'s affective outburst immediately followed the resolving occasion, namely, the appearance of a noisy company under the windows at midnight, but it is not advisable to consider it in isolation, in isolation from the previous psycho-traumatic factors that occurred 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 backdrop of chronic workload and intense labor process, suffered shortly before the delict by a somatic disease that contributed to the development of asthenic syndrome, menopausal age. The "last straw" in the formation of affective tension was chronic insomnia due to the constant noise under the windows. Analyzing the internal picture of the delict, i.e., the subjective significance of the affective cause for the expert, the psychologist should in no case confuse it with the legal concept. Evaluation of the objective side of the deed is the prerogative of a lawyer.

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

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

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

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

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

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

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

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

Subexpert B., 26 years old, being in a hostile relationship with her father D., stabbed him in the left half chest causing the victim to die on the spot. According to the conclusion of the forensic psychiatric examination, the subject was recognized as sane, the psychiatric experts recommended that a forensic psychological examination be carried out for physiological affect. Three questions were posed to the experts:

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

2. How could they influence her behavior in the situation under study?

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

An analysis of individual typological and personality characteristics, carried out with the help of an experimental psychological examination and a study of the materials of the criminal case, showed that the type of higher nervous activity of the subject belongs to 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 is manifested in a decrease in auditory 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. There is independence, responsibility, credulity, perseverance in achieving the goal. In a conflict situation, she is prone to outwardly accusatory reactions with increased fixation on emerging obstacles. Data analysis showed a strong tendency for the subject to relieve emotional stress through increased irritability, insufficient self-regulation, and a weak ability to find adequate ways out of the conflict and in excitability, emotional irritability, lack of self-control and anxious self-esteem.

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

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

Conclusion

For the most objective and qualified solution of many issues that constantly arise before forensic investigators, along with legal and general erudition, professional experience, extensive psychological knowledge is also required.

While investigating the shadow aspects of life, sometimes in its most repulsive manifestations, investigators and judges must maintain personal immunity (immunity) to negative influences and avoid unwanted distortions of the personality, the so-called professional deformation (suspicion, self-confidence, accusatory bias, etc.). The peculiarities of the work of these workers make moral and psychological hardening necessary, because they are associated with a significant strain of mental and moral forces. A significant increase in crime, as well as the development of its most dangerous forms: organized crime, sexually motivated murders, contract killings, etc., make demands to improve the efficiency of the law enforcement system. On the other hand, the protection of the rights and interests of individual citizens in the process of bringing them to criminal responsibility and the tendency to humanize the process of investigation and judicial review of criminal cases are increasing, which determines the need for a high level of professional competence of law enforcement officials as the main integral factor that ensures both the protection of the interests of individual persons and organizations from criminal encroachments, and observance of all legitimate rights and interests of citizens and collectives, as well as observance of ethical standards. Professional competence itself is largely determined by the personal potential of a lawyer, i.e. system of psychological factors that can be combined general concept"psychological culture".

The psychological culture of a lawyer is a complex of psychological knowledge, meaning the psychology of personality and activity, the psychology of legal knowledge and the psychological characteristics of individual legal professions, the skills and techniques for using this knowledge in professional situations in the process of communication.

To a large extent, the tasks of legal psychology are determined by the need to improve the practical activities of the judiciary.

Literature

1. Aminov, I.I. Legal psychology: a textbook for universities on special. "Jurisprudence". - M.: Unity-Dana, 2007. - 414 p.

2. Vasiliev, V.L. Legal psychology: A textbook for universities. - St. Petersburg: Peter, 2005. - 654 p.

3. Psychology / ed. d.p.s. prof. Honored scientist of the Russian Federation A.A. Krylova - M., "Prospect", 2001. - 488s.

4. Handbook of psychology and psychiatry of childhood and adolescence / ed. S.Yu. Tsirkin. - St. Petersburg: Peter, 2001. - 752 p.

He himself suffered. CHAPTER IV. DISTRIBUTION OF CRIMES COMMITTED IN THE STATE OF AFFECT FROM RELATED COMPOSITIONS OF CRIMES. §1. Intentional murder, grievous or less grievous bodily injury committed in a state of passion, and crimes of the same name without mitigating obligations. Of great importance for the court and investigation is the practical issue of distinguishing affective crimes from complex ...

Higher than that of students of other faculties was confirmed. Conclusion The relevance of the issue considered in this course work is so great that the solution to this problem - the dynamics of socio-psychological adaptation of psychology students, has already been repeatedly addressed, and will be addressed again and again in subsequent years. In writing this work, I had certain goals and ...

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

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

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

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

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

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

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

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

Affect

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

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

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

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

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

Special psychological tasks that an expert psychologist solves:

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

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

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

Pathological affect

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

The features of this effect are:

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

Anomalous affect

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

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

Examination of emotional states

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

Issues of examination of emotional states

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

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

Reasons for the appointment of a psychological examination of emotional states

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

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

Practically in all types of forensic psychological and psychiatric examination, the conclusions of the experts relate to the legal (psychological) criteria of one or another ability of the person under examination - for example, the ability of witnesses to correctly perceive the circumstances relevant to the case and 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 deviations of a medical nature, 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 with the help of 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 his actions, 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 are not in the nature of a physiological affect, but nevertheless significantly limit the freedom of will of the accused when committing a crime “The difference between affects and emotions is not so much quantitative as qualitative - if emotions are perceived 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 bowels of psychiatry as an alternative to the concept of "pathological affect". Pathological affect refers to painful disorders of mental activity, i.e. is a 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 vegetative manifestations. As a rule, an affect gives a discharge in action that is not subject to conscious volitional control. It occurs 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 occurrence of affect. The first is connected with the fact that the affect arises as a result of the accumulation (accumulation) of negative emotional experiences in a person. In this case, a “trigger” for the development of an affective state can be a slight negative impact, which, figuratively speaking, has become the “last straw”.

The second mechanism is a reaction to a one-time action of a very strong stimulus (insults, threats, violence). The third mechanism is associated with the revival of previously formed traces of excitation, 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 signs of physiological affect as follows.

1. Sudden occurrence. Some investigators confuse the suddenness of the onset with the short duration of the affect. This is not true. The affect arises suddenly, not so much for those around, but for the subject of experience himself, i.e. a person is not going to fall into this state, is not engaged in self-inflating. No, affect arises spontaneously, against the will of a person, as if mastering it.

2. Affect is characterized by explosive dynamics. This means that in an extremely short time period (up to fractions of a second) the state reaches its highest point, i.e., there is a kind of qualitative leap to a different level of energy, the flow of mental processes.

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

4. The affect is characterized by the intensity and tension 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 a melancholy temperament can knock out an oak door with one blow, literally destroy an opponent that is much superior in strength, etc. Moreover, in the future, during 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 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. The affect is accompanied by excitement, stereotypical motor activity (this is exactly the phenomenon that often confuses investigators, who, given the multiple injuries of 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 erratic movements, inflicts many wounds on his victim (damages can be counted in many tens). At the same time, the weapon of the crime is not always adequate: it can be any object that has fallen into the field of view. All this points to a sharp decrease in the quality of the course of mental processes, to refession, the primitivization of the mental activity of a person in a state of passion.

7. In a state of passion, vegetative shifts are observed. This is manifested in a change in the frequency of breathing, intensification of cardiac activity, redness or blanching of the skin, drying out of the oral mucosa, a change in voice, etc. Quite 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 does not remember a number of circumstances and details. In particular, he cannot say how many blows he delivered to the victim (as a rule, he remembers the first one or two blows), where he struck, and also with what he struck. Very often, the accused cannot say where and how they took the weapon of crime. This is a consequence of the disorganization of mental processes, including memory, caused by an 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 a limiting, 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 a physiological affect is not a pathological emotional state (like a pathological affect), since it causes a narrowing of consciousness, and not its clouding; does not eliminate conscious control over actions and behavior, but slows it down, significantly reduces its level. Figuratively speaking, the physiological affect until a certain time "leaves a tail for which it can be grabbed." It really is.

A person is not able to “cancel” an affect that has already arisen, but he is able to correct its course, channel the direction of aggression. However, there is one “but”, which, perhaps, up to a certain time, 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 state that in the vast 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 affective situation. Consider the signs of such a situation.

1. Conflict. It can be generated by the high personal significance of the psycho-traumatic impact on the part of the victim, violence, threat to life, health, self-respect, honor, dignity (both the accused and people close to him), lack of information about the situation and ways to resolve it. The conflict of the 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 multidirectional motives and motivations). For example, a person has to choose between two attractive solutions that require opposite actions, or when the goal seems attractive and at the same time unattractive; it is also possible to choose 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 speed of resolution, but the person is not ready for this, does not have adequate, suitable methods of action.

3. Extreme. 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, affective situations are characterized by transience, the presence of a significant amount of interference, which entails a lack of time for decision-making and its implementation.

4. Reality. This sign suggests that the affective situation should be real, not imaginary. MM. Kochenov calls for understanding this thesis not so straightforward, since the behavior of the victim can be perceived differently by a person depending on his value system, functional state at the time of the incident, mood, previous experiences, etc.

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

There are also such types of emotional states as cumulative affect, affect on the background of alcohol intoxication, emotional arousal, which has a significant impact on consciousness and behavior, and emotional stress, which largely affects consciousness and behavior.

The cumulative affect differs from the classical physiological affect in that its first phase, during which a long psychotraumatic situation develops, causing the accumulation of emotional stress in the accused, 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 fundamentally differ from the physiological affect.

The affect on the background of alcohol intoxication is characterized by the fact that the influence of alcohol intoxication on the course of affect can be traced at the first stage of the onset of an emotional reaction, when events are seen in a more “threatening” form. No changes are observed in the second and third phases. Medium, especially severe degree of alcohol intoxication: the accused is practically excluded from the qualification of passion, since his behavior is already determined by mental disorders under the influence of alcohol.

V.F. Engalychev and S.S. Shipshin write that the problem of correlation between physiological affect and alcohol intoxication is very important. In investigative practice, cases are not uncommon when the accused commits a crime while intoxicated and at the same time shows signs of an affective state. Here one should pay attention to the fact that the actual physiological affect in a state of alcoholic intoxication cannot arise, since alcohol in itself causes disorganization of a person's mental activity, i.e. in the causal chain "affectogenic situation - physiological affect" a new link appears - alcohol intoxication. On the one hand, it facilitates the emergence of an affective or other extreme state, since there is a disorganization of the processes of perception and thinking (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.

Given this, 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 faced not with a physiological affect, but with an abnormal affect (not to be confused with pathological!). This concept was introduced by I.A. Kudryavtsev to describe affective states in psychopathic personalities. In the presence of anomalous soil, such conditions 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, allow differentiation by the court of "reproach and responsibility for acts committed in passion" .

The affect on the background of alcohol intoxication, therefore, is a kind of abnormal affect, since alcohol intoxication entails changes in the functioning of a person at the biological and psychological levels, which just serves as the very “anomalous soil”.

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

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

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

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

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

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

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

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

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

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

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

Deep clouding of consciousness;

Stormy motor excitement;

Complete (or almost complete) amnesia.

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

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

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

a) What was the color of his face?

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

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

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

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

a) crying?

b) sat still?

c) tried to help the victim?

d) answered the questions adequately?

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

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

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

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

5. What are the characteristics of the victim?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are the characteristics of the victim?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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