Scientific support for the use of psychiatric knowledge in the investigation of crimes against human life and health

D. V.  Khoroshun

doi:10.32631/v.2023.4.27

D. V. Khoroshun Kharkiv National University of Internal Affairs https://orcid.org/0009-0008-1624-1040

DOI: https://doi.org/10.32631/v.2023.4.27

Keywords: criminal proceedings, pre-trial investigation, crimes against life and health, special knowledge, forensic examination, forensic psychiatry, psychological knowledge.

Abstract

The category of criminal offences against life and health is quite significant. A large number of crimes included in this category are characterised by a high level of social danger, as they encroach on the greatest social value which is life and health of a person. In the investigation of such crimes, it is typical to use specialised knowledge in the fields of forensic psychiatry and psychology in procedural and non-procedural forms. Given that the process of cognition and assimilation of scientific knowledge begins with clarification of the peculiarities of its historical development, the purpose of the article is to clarify the state of scientific development of the issues related to the use of special psychiatric and psychological knowledge in the investigation of crimes against life and health of a person.

It has been determined that the current state of scientific significance of the use of special psychiatric and psychological knowledge in the investigation of crimes against human life and health is influenced by the peculiarities of development of criminal procedure legislation. In addition, based on the analysis of legal literature, the assessment of the developments made by Ukrainian scholars has been provided. It is established that careful attention has been paid to the study of certain aspects of the appointment of forensic psychiatric and forensic psychological examinations in the investigation of various types of murders, bodily injuries, and domestic violence. At the same time, based on the results of the generalisation of scientific works authored by Ukrainian scholars, it has been determined that the national legal literature does not address the peculiarities of involving specialists in investigative (search) actions in the course of investigation of crimes against life and health of a person, as well as the prospects for implementing non-procedural forms of using specialised knowledge. The article emphasizes that this issue, as well as the prospects for using specialised knowledge of psychology and psychiatry in non-procedural forms, require a thorough analysis and coverage in the legal literature in order to improve the practical activities of the prosecution in criminal proceedings.

Downloads

Download data is not yet available.

Author Biography

D. V. Khoroshun, Kharkiv National University of Internal Affairs

Postgraduate student.

References

Polonka, I. A. (2019). Innocence and limited innocence: the practice of the Anglo-American legal system. Scientific and Information Bulletin of Ivan-Frankivsk University named King Danylo Halytskyi, 8(20), 48–54. https://doi.org/10.33098/2078-6670.2019.8.20.48-54.

Oliinyk, O. P., Pinchuk, I. Ya., & Revenok, O. A. (2013). Forensic psychiatry as a specialty: history of development, professional skills and areas of competence. Archive of Psychiatry, 4(75), 39–41.

Pidkorytov, V. S. (2008). Psychiatry in Ukraine – past, present and future. Herald of Psychiatry and Psychopharmacotherapy, 2(14), 29–32.

Vuima, A. H. (2023). Use of special knowledge during the investigation of murders [Doctoral dissertation, Kharkiv National University of Internal Affairs].

Yanovskii, S. S. (1994). First professor of psychiatry at Kharkov University P. A. Butkovskii – the founder of psychiatry in Ukraine. In I. I. Kutko, P. T. Petriuk (Eds), History of Ukrainian psychiatry (vol. 1). Kharkov.

Naprieienko, O. K., & Protsyk, V. O. (1994). Foundation of Kyiv clinical psychiatry. In I. I. Kutko, P. T. Petriuk (Eds), History of Ukrainian psychiatry (Vol. 1). Kharkov.

Synchuk, O. V. (2020). Psychological aspects of crimes pre-trial investigation. Theory and Practice of Forensic Science and Criminalistics, 22(2), 52–59. https://doi.org/10.32353/khrife.2.2020.04/

Koshchynets, V. V. (2019). Theoretical and methodological principles of special psychological knowledge in the process of jurisdiction [Doctoral dissertation, National Academy of Internal Affairs].

Bed, V. V. (1999). Usage of psychological knowledge by advocate in criminal process [Candidate thesis, National Academy of Internal Affairs of Ukraine].

Vartsaba, V. M. (2003). Investigation of Crimes Committed by Organized Criminal Groups (Tactical and Psychological Grounds) [Candidate thesis, Yaroslav Mudryi National Law Academy of Ukraine].

Zahorodnii, I. V. (2018). Investigation of crimes related to the body harm [Candidate dissertation, National University “Odessa Law Academy”].

Strok, I. A., & Yukhno, O. O. (2022). Fundamentals of the methodology of investigation of intentional serious bodily injuries caused in a state of strong mental excitement. Fact.

Ishchenko, T. V. (2021). Investigation of domestic violence [Candidate dissertation, National Academy of Internal Affairs].

Slukhaienko, Yu. M. (2023). Methods of investigating domestic violence [Candidate dissertation, Donetsk State University of Internal Affairs].

Husieva, V., Oderiy, O., Petrova, I., Fomina, T., & Vuima, A. (2021). Features of the investigation of premeditated murders committed by persons with mental disorders in the practice of Ukraine. Amazonia Investiga, 10(46), 109–117. https://doi.org/10.34069/AI/2021.46.10.10.