To establish psychological contact means to create favorable conditions for solving specific problems.

During a business conversation, partners can take different positions in relation to each other:

1. Willingness to cooperate;

2. Indifference;

3. Opposition to the interlocutor.

With regard to the second and third positions, it is necessary to build communication in such a way as to interest the partner, “turn to face yourself”. To do this, there are techniques for establishing psychological contact.

Techniques for establishing psychological contacts

1. Acceptance of stress relief.

Ease of acquaintance, expression of satisfaction about the meeting.

2. Showing interest and attention to the partner.

Please note! That, first of all, people are interested in themselves. Therefore, show sincere interest in the interlocutor, let him feel the significance of his personality.

3. Acceptance of accumulations of consents.

Find a subject of conversation about which the positions of the interlocutors coincide.

Get your partner to agree with you or say the word "yes" several times. This makes it harder to show disagreement later on.

4. Reception of "talking" partner.

It is necessary to ensure that there is a dialogue, not a monologue.

5. Reception "hook".

It is necessary to find some reason for the conversation (any event, comparison, personal impression, etc.) and proceed from it to the presentation of the problem. Most often, the illusion is created that this is an improvisation, but in reality the “hook” is carefully thought out in advance.

6. Acceptance of psychological attachment to the interlocutor.

Convergence of your style of communication, manners of behavior with the position of a partner. This lowers the psychological barrier, has an inspiring effect on him.

7. Involvement in joint work.

8. Providing a meaningful service.

Purpose: to arouse in the partner a desire to respond to the attention shown by such actions.

9. Asking for help . "I need your help..."

10. Empathy for a partner.

Not all requests of a partner can be satisfied, but to treat them with understanding, sincere sympathy, this is an important condition for business cooperation between entrepreneurs.

Compliance with these rules will give you the opportunity to be successful not only in business, but also in interpersonal communication.

Consider a few more important points that help or hinder contact.

What helps to establish psychological contact:

1. Non-verbal means of communication: open postures, open arms, unbuttoned jackets, etc.

2. Smile, shake hands.

3. Eye contact.

4. Knowing the name.

5. Distance (you or you).

6. Equality of positions.

What hinders the establishment of psychological contact:

1. Interrupting a partner.

2. Belittling a partner.

3. Negative assessment of his words.

4. Generalizations of the type: always, never, everywhere, all the time.

5. Excitement, trembling.

6. Verbosity.

7. Ingratiating intonations.

8. Incorrectly chosen distance.

Let's highlight the general communication rules (general rules for conducting a conversation):

1. Avoid blame.

2. Do not show superiority.

3. Avoid an accusatory tone - you are not a prosecutor.

4. Forgive people for minor weaknesses.

5. Be tolerant of the idiosyncrasies of the other.

6. Speak no more and no less than what is required at the moment.

7. Emphasize the dignity of the interlocutor.

8. Ask with interest, but don't be offhand.

9. Make a decision together with the person, but not instead of the person.

10. Look for the good in people.

11. Do not command, but ask.

12. Don't give marks.

13. Don't give advice.

Question types

· Closed questions - these are questions that are expected to be answered only yes or no, they create a tense atmosphere in the conversation (like an interrogation), so such questions must be asked strictly for a specific purpose, or when we want to quickly get agreement or an answer to a question. With a lack of time.

· Open questions These are questions that cannot be answered yes or no and require some explanation. These include: "what", "how", "where", "how much", etc.

· Rhetorical questions - these questions are not given a direct answer, because their purpose is to raise new questions and point out unresolved problems.

· Tipping points - they keep the conversation in a strictly defined direction or raise a whole range of new problems. They are set when we have received enough information on one problem and want to move on to another.

· Questions for Consideration - they force the interlocutor to reflect, think carefully and comment on what was said. The purpose of these questions is to create an atmosphere of mutual understanding.

· Alternative questions - these are questions that contain the union "OR".

How to argue your position

Arguments are scientifically based methods of verbal influence on the interlocutor

The success of the argument depends on two things:

1. Ability to comply with a number of principles.

2. Possession of methods of argumentation.

Principles of argumentation:

1. Simplicity and accuracy of the information presented. Evidence and explanations must be understandable to the interlocutor.

2. Dialogical communication and equality of partners.

3. Adapting arguments to the personality of the interlocutor:

a) arguments should take into account the value orientations of the partner, his commercial interests.

B) the pace of argumentation should correspond to the temperament of the interlocutor. Choleric and sanguine people cannot stand long introductory speeches and monologues. When communicating with them, it is necessary to pause between arguments, to give them the opportunity to express their point of view. Another thing is melancholic and phlegmatic. They need some time to engage in a conversation, even if it is a determined and self-confident person. Listen without interrupting, then ask very detailed questions. They themselves speak slowly, thoughtfully, they state their thoughts in detail. Communication with such a person is not easy, but you can’t rush him.

4. Visual presentation of your evidence

Argumentation methods

1. Factual method . Statement as evidence of specific facts.

2. Method of contradiction . Based on the identification of contradictions in the argument of the interlocutor.

3. Method of comparison . It is of exceptional importance, especially when the comparison is well chosen, which gives the performance exceptional brightness and great power of suggestion.

4. Method "Yes ..., but."

5. Method of "Pieces". It consists in dismembering the speech of the interlocutor in such a way that the individual parts are clearly distinguishable. At the same time, it is advisable not to touch on the most powerful arguments of the interlocutor, but mainly to focus on weaknesses and try to refute them.

6. Method "Boomerang". Using the interlocutor's weapon against himself.

Manipulative methods of argumentation are based on the mechanism of suggestion, that is, on the unconscious perception of evidence.

7. Inversion - turning upside down.

8. Method of understatement. Conscious underestimation of the significance of a particular problem.

9. Method of exaggeration . Consists of generalization of any kind and exaggeration.

10. The method of hyperbolization - "From a fly - an elephant."

11. Method of "Anecdote". A witty remark, a joke, an anecdote, told in time, can completely destroy even a carefully constructed argument. If you then analyze the joke, then, as a rule, it turns out that it has nothing to do with the subject under discussion.

13. Reception of discrediting the interlocutor. The desire to question the reputation of the interlocutor. If an attempt to insult occurs in a circle of people, then it is better to calmly and briefly explain to those present what caused such behavior of another. Or ignore tactless statements and move on to specific arguments on the issue under discussion.

14. Reception misleading. It is based on the communication of confused information, words and half-truths, which the interlocutor throws at us. He consciously or unconsciously winds up problems, creates the prerequisites for a possible transition from discussion to conflict.

15. Acceptance of an appeal to feelings. Represents a constant appeal for sympathy and the desire to evade the subject of the conversation. In this situation, the conversation can take on a complex emotionally rich character. Therefore, it is necessary to turn the discussion on a business track.

By influencing your feelings, the partner is trying to get around business, unresolved issues.

How to listen to your partner

The success of a business conversation largely depends not only on the ability to speak, but also on the ability to listen to the interlocutor. Folk wisdom says: "Man is given two ears to listen, and only one language to speak."

The following listening techniques are distinguished:

1. Simple listening (passive or silent).

2. Active listening.

3. Unproductive listening.

Psychology of relationships during interrogation

Interrogation is a specific form of communication regulated by law, which can proceed in the form of cooperation or confrontation and psychological struggle.

Communication during interrogation is manifested in interaction, in which, in addition to the interrogated person, other persons (defender, expert, specialist, translator, teacher, etc.) may also participate. At the same time, as in any other form of communication, there is an exchange of information, mutual influence, mutual assessment, the formation of moral positions, beliefs. However, the leading role in this interaction belongs to the person conducting the interrogation. The investigator, in strict accordance with the criminal procedure law, determines the procedure for conducting an investigative action, corrects the actions of other persons and the degree of their participation, and ensures the most effective form of obtaining information from the interrogated person. Moreover, in an effort to obtain the fullest possible testimony from the interrogated, the investigator, for tactical reasons, hides his knowledge for the time being and reports only the information that he considers appropriate to use at this stage of the interrogation.

Psychological contact

Of particular importance in ensuring the success of the interrogation is its communicative side, that is, the general psychological atmosphere of the investigative action favorable for communication, the presence of psychological contact. Psychological contact is such a level of relationship during interrogation at which the persons participating in it are ready (able and willing) to perceive information coming from each other. Establishing psychological contact is the creation of a favorable psychological atmosphere of an investigative action, in which the interrogated person is internally, psychologically disposed to participate in a dialogue, listen to the interrogator, perceive his arguments, arguments and evidence even in a conflict situation, when he intends to hide the truth, give false testimony, prevent investigator to establish the truth. Psychological contact is favored by the sociability of the investigator, t. his ability to win over people, the ability, taking into account the individual characteristics of the person being interrogated (age, character, interests, mental state, attitude to business, etc.), to find the right tone in communication, to arouse interest in giving truthful testimony. When establishing psychological contact, the goodwill, correctness of the investigator, his objectivity, impartiality, readiness to listen carefully to the interrogated person, and the ability to relieve tension in communication are of great importance.

Mental impact It is used in a situation of confrontation, psychological struggle, when the interrogated person is silent, hides the circumstances known to him, gives false testimony, and opposes the investigation. The essence of mental influence is the use of techniques that provide the most effective form of reporting evidence and aimed at changing the course of mental processes, the subjective position of the interrogated person, convincing him of the need to give truthful testimony, help the investigation to establish the truth.

Mental impact is carried out within the framework outlined by the criminal procedure law. As a general rule, it is impossible to solicit testimony by violence, threats, blackmail and other illegal actions (part 4 of article 164 of the Code of Criminal Procedure of the Russian Federation and article 302 of the Criminal Code of the Russian Federation). Techniques based on deceit, false information, use of base motives of the interrogated are unacceptable. Of particular importance in the process of interrogation is persuasion method. Its essence lies in the impact on the consciousness of the individual through an appeal to her own critical judgment. Preliminary selection, logical ordering of the available facts and arguments, presentation of them in an effective emotional form and tactically determined sequence - all this, in essence, predetermines the success of mental influence.

When exercising mental influence, the investigator inevitably uses reflection, reflexive reasoning, in which, taking into account the intellectual, emotional, volitional qualities, mental properties and states of the interrogated person, he anticipates the course of his thought processes, final conclusions and decisions made in connection with the upcoming interrogation and the evidence that, in the opinion of the interrogated person, can be used by the investigator. By imitating, reproducing the reasoning of the interrogated, his conclusions and the possible line of conduct during the interrogation, the investigator chooses the most effective ways of operating with the available information and evidence. The transfer to the interrogated factual grounds for making a decision that contributes to the disclosure of a crime is called reflective control.

Tactical techniques based on mental influence must meet the requirement of selectivity. It is necessary that they have an appropriate effect only in relation to a person who hides the truth, impedes the establishment of the truth, and be neutral in relation to disinterested persons.

The process of generating indications. The information provided to the interrogated is analyzed not only at the end of the interrogation, but also during its conduct. At the same time, they highlight internal contradictions, various inconsistencies with the previous testimony of the interrogated person and other evidence collected in the case. Of course, the gaps, inaccuracies, and contradictions found in the testimony do not yet indicate the falsity of the reported information. Various distortions in the testimony are also possible for quite conscientious persons due to the action of various psychological patterns that determine the content of future testimony from the moment of perception of an event to the moment of transferring information about it during interrogation and fixing it in the form established by law.

Obtaining and accumulation of information. The psychological process of forming the information transmitted in the testimony begins with sensations, which, reflecting the individual properties of objects and phenomena of the surrounding world, participate in their cumulative action in creating a holistic image of things and events. Such a holistic reflection, called perception, is not reduced to the sum of individual sensations, but represents a qualitatively new stage of sensory cognition. Perception is characterized primarily by meaningfulness, the closest connection with thinking, understanding the essence of objects and phenomena. All this ensures the depth and accuracy of the imprinted images and warns against many errors, optical, auditory and other illusions and distortions inherent in the senses. And although the sense organs themselves are capable of responding to external stimuli only within certain limits (a person sees at a limited distance and under certain lighting conditions, hears in a limited range of sound frequencies, does not distinguish all the colors of the spectrum, does not capture the entire gamut of smells), however, fitness sense organs, their interaction expands the boundaries of sensitivity.

For example, educators, coaches, athletes, and others whose activities are associated with the constant need for accurate timing are ahead of others in more correct timing. Drivers and traffic inspectors can generally judge the speed of vehicles with great accuracy, and those involved in the manufacture of paints or the dyeing process can distinguish between such color shades, which remain far beyond the perception of persons of other professions.

When conducting an interrogation, one should take into account objective and subjective factors that make it difficult to obtain complete and reliable information about the event under investigation. to objective factors. include external conditions of perception and features of perceived objects: the transience of an event, insufficient or too bright illumination, harsh noise, unfavorable meteorological conditions (rain, snowfall, strong wind, cold), remoteness of objects, etc. To subjective factors physical defects can be attributed, as well as a decrease in the possibilities of perception by the senses as a result of painful conditions, fatigue, nervous disorders, unrest, intoxication and other causes. Distortions and omissions in perception can also appear as a result of prejudice, sympathy and antipathy, a special attitude of the perceiving person to the participants in the event. In such cases, what is happening is unconsciously perceived from the point of view of a certain attitude, and the actions of certain persons are interpreted depending on the observer's subjective attitude towards them. As a result, part of the perception is muffled. Figuratively speaking, at this time the subject can look and not see, listen and not hear.

In order to avoid mistakes during interrogation and to verify the reliability of the testimony received, in each case it is necessary to carefully ascertain all the conditions of perception, the real basis on which the information reported by the interrogated is based.

Recording and preservation of information. Memorization, like perception, is selective. It depends on the goals, methods, motives of activity, individual characteristics of the subject. The unusual, extraordinary nature of what happened, the need to overcome any obstacles, certain actions with objects and documents, special attention to certain circumstances contribute to involuntary memory, i.e. memorization without special volitional efforts on the part of the observer. Completely and firmly, sometimes for the rest of your life, what is of particular importance is remembered. The desire to understand the observed phenomenon, to comprehend its inner meaning and the motives of the actions of the persons participating in it also favors memorization.

It is possible that the witness (victim), understanding the significance of what is happening, foreseeing the possibility of future interrogation, may set himself a special goal - to keep in memory the most important moments of the perceived (for example, the number of the car that hit him, the appearance and signs of the criminals, the number, date and other signs of a forged document, etc.). This kind of memory is called arbitrary in a way different.

Preservation of the perceived also depends from time, elapsed since the incident, the predominance of a certain type of memory(motor, figurative, emotional, verbal-logical), individual, in particular age, characteristics and presence of defects. Forgetting often favor new impressions, intense mental work, important events in personal life etc. In this case, there is a danger of mixing and replacing the perceived information with information gleaned from other sources (conversations, rumors, press reports, etc.).

Reproduction and transmission of information during interrogation. Calling a person for interrogation is a kind of impetus for recalling certain circumstances. The subject mentally refers to the events of the past, sorts them out in memory, trying, if he does not know the cause of the call, to determine what specific facts are of interest to the consequence. At this stage of the formation of indications, as well as during perception, it is possible to unconsciously fill in some of the gaps in the memories with familiar ideas, with what should be in the normal development of the event. This psychological phenomenon is called replacing the real with the usual and must be taken into account when evaluating the information obtained during interrogation, as it creates a serious threat to the reliability of testimony.

A witness, especially an eyewitness, and a victim often find it difficult to state fully and in detail all the perceived circumstances during interrogation due to fear of the criminal and fear of revenge on his part. In such cases, one should usually not rush, but gradually, carefully bring the interrogated person to the realization of the importance of his testimony for exposing the criminal, awaken in him civic feelings, a desire to help the investigation.

Reproduction of evidence during interrogation may be hindered by the excitement caused by an unusual interrogation procedure for the interrogated. Therefore, it is important to provide a favorable psychological atmosphere of interrogation and help the witness (victim) quickly get used to the new situation for him. During interrogation, it must be borne in mind that too strong a desire to recall what has been perceived can make it difficult to reproduce due to the process of inhibition that appears as a result of overwork. In these cases, it is desirable to move on to clarifying other circumstances, to talk on neutral topics. Distraction helps relieve inhibition. And then what needs to be remembered, as if by itself, pops up in memory.

In addition, interrogation immediately after the incident does not always contribute to a more complete reproduction of testimony. During this period, such a mental phenomenon as reminiscence. Its essence lies in the fact that the subject, due to the emotional, intellectual, physical stress formed in the process of perception, is not able to immediately recall all the circumstances of what happened.

It takes some time, usually two or three days or more, for the memory to regain its temporarily lost ability to reproduce.

Possible defects in the perception of information by the investigator. Haste, inattention, bias, passion for one most preferred version can prevent the investigator from correctly understanding, remembering and transmitting in the protocol the information reported during the interrogation. Errors can also result from the lack of competence of the interrogator in some special branches of knowledge (construction, engineering, technology, etc.). Therefore, it is very important that the investigator first familiarize himself with the special literature, departmental documents, and also use the assistance of relevant specialists during interrogation.

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Ministry of Education and Science of the Republic of Kazakhstan

Karaganda State University named after E.A. Buketov

COURSE WORK

By discipline: Legal psychology

On the topic: "Psychological contact of law enforcement officers with citizens: methods of installation and maintenance"

Completed:

st-t gr. PS-15

Abisheva S.

Checked:

teacher

Umarkulova M.M.

Karaganda - 2010

Introduction

Chapter 1. The concept and meaning of psychological contact.

Chapter 2. Ways to establish psychological contact at certain stages of investigative actions.

2.1 Entry into contact interaction.

2.2 Formation of a situational setting for contact interaction. Information exchange.

2.3 Lawful mental influence of a law enforcement officer on the interrogated

List of sources used:

Introduction

The main task of law enforcement agencies is the fight against crime, the success of which largely depends on the qualifications of investigators, on their skillful conduct of investigative actions.

An integral part of the activities of law enforcement agencies is the communication of a law enforcement officer with persons involved in the case, where the interlocutors not only transmit and receive information, but also interact, interact, study, influence each other, defend their interests.

Stendhal has an expression "The ability to carry on a conversation is a talent." Each meeting must be prepared individually, carefully considering how to conduct it, taking into account individual characteristics"future interlocutor", the desired results of communication.

The most important moment of the relationship between two people is psychological contact. It arises when it is necessary to carry out joint activities in communication.

Psychological contact is a manifestation by the investigator of mutual understanding, respect for the goals, arguments, interests of the participants in the preliminary investigation, leading to mutual trust and assistance to each other. Most often, this is a certain, as they say, consensus - an agreement, consent, and very rarely - unlimited trust, as happens with friendship. However, the establishment of such a contact is also very important, since finding a "thread to a person", pulling on it - this is often the beginning of a major success.

The procedural rules for conducting investigative actions are of a general nature and do not determine the methods for establishing psychological contact. In each individual case, this role is played by various tactics developed by investigative practice and the science of forensic science, legal psychology. It is impossible to develop a certain strict algorithm, following which is guaranteed to ensure the establishment of psychological contact in any conditions.

It is more reasonable if the investigator owns an arsenal of psychological techniques and rules and wisely, on the basis of the actual situation of communication, selects the necessary and most effective ones for this particular moment.

The lack of psychological contact between the investigator and the persons involved in the case is often the root cause of the termination of criminal cases, the incomplete disclosure of crimes.

Psychological contact is a necessary element of a number of investigative actions: interrogation, confrontation, investigative experiment. The testimony obtained at this stage is the main investigative base, making it possible to bring the perpetrator to criminal responsibility.

Consequently, psychological contact is an important link in the complex chain of implementation of the tasks of criminal justice.

The methodological basis of the research on the topic of the work was the theoretical provisions of prominent scientists. R. S. Belkin, A. N. Vasiliev, A. V. Dulov, G. G. Dospulov, G. A. Zorin and others wrote about the need to establish psychological contact. The problem of psychological contact was covered in fragments, mainly in relation to interrogation.

The purpose of the work is an attempt to generalize, systematize knowledge about the nature of psychological contact as a deep, multifaceted and complex phenomenon, analyze it in relation to the stages of formation, determine the most optimal and effective ways to establish psychological contact during the preliminary investigation, possible attempts to eliminate opposition from the parties involved in the case. .

The central place in the work is given to the problem of establishing psychological contact during interrogation, which in many cases is the first and main "point of contact" between a law enforcement officer and the persons involved in the case. The results of such contact are used in the process of other investigative actions - such as identification, confrontation, investigative experiment and verification of testimony on the spot, the features of which are also reflected in the work.

Chapter 1. The concept and meaning of psychological contact

A central place in the activities of a law enforcement officer is the practice of communicating with people. "Communication is a form of interaction between people, which consists in the exchange of information. Communication is included in joint activities, interaction, providing a solution to the tasks facing it. Communication is a psychologically delicate matter. When communicating, people get in touch with each other, contacting each other" .

In a broad sense, contact refers to the contact of people. With this understanding, any communication is a contact. In many activities, in legal too, more often, speaking of contact, they mean psychological contact. To solve common problems in communication, people need not just the proximity of their bodies, but the proximity of goals, thoughts, intentions. This is what they understand when they talk about mutual understanding, psychological intimacy. The effectiveness of the preliminary investigation largely depends on the ability to correctly and optimally set up relations with the suspect, accused, witnesses, victims, that is, to establish psychological contact with them in a timely manner.

The concept of "psychological contact" is quite multifaceted, so criminologists and psychologists approach its definition from different positions.

In investigative practice, it is especially important to prepare a law enforcement officer to communicate with persons involved in the case. Preliminarily getting acquainted with the personal characteristics of each person involved in the case, the characteristics of his behavior, lifestyle, range of needs and interests, the investigator predicts not only his actions, but also the possible reactions of the communication partner to them, providing for the positions of these persons in relation to the circumstances of the case, significant for investigation, develops a strategy and tactics for solving investigative tasks.

The communication of a law enforcement officer with accused suspects, victims and witnesses is largely formalized, due to procedural requirements. Both the law enforcement officer and each of these persons have their legal status clearly defined.

In psychology, contact is understood as a case of communication with feedback. Communication implies a two-way nature of relations, where the investigator and the interrogated person are the addressee and addressee. Therefore, not only the investigator has an impact on the processes of communication with the interrogated, on the dynamics of the development of their relationship.

However, a number of authors (M. I. Enikeev, A. B. Solovyov) note that interpersonal communication during the preliminary investigation is not an ordinary two-way process. It is unilaterally directed by the imperious initiative of a law enforcement officer within the framework of criminal procedure rules. The formalization inherent in this type of communication greatly complicates and constrains the psychological activity of persons involved in the case and requires a law enforcement officer to have communicative flexibility, the use of special means of activating communication. The investigator seeks to obtain as much information as possible, although he himself hides his knowledge of the case up to a certain point.

Despite the fact that interrogation from the very beginning presupposes inequality in the exchange of information, a certain coercion of the direction of the thought processes of the interrogated person, the transfer of information by a law enforcement officer is always minimized to the maximum, it is clearly determined in each case by the goals of the investigative action, to talk about the one-sidedness of psychological contact it is forbidden. Since the one-sided nature contradicts the very concept of "contact", which means interaction in work, consistency of actions.

According to M. I. Enikeev, any formal-role communication has an individual style that ensures its success or failure. Such communication he calls communicative contact. M. I. Enikeev understands psychological contact as an emotionally positive relationship based on common interests and unity of goals of communicating persons. "Since in legal proceedings the participants in a criminal case do not have a constant unity of goals and interests, it is advisable to replace the term psychological contact with the term" communicative contact ", freeing from the mandatory search for common interests and goals, mutual emotional and psychological experiences in the conditions of preliminary investigation" .

The term "psychological contact" should not be replaced by "communicative contact", in my opinion, because "simple communication" (exchange of information) without taking into account the psychological characteristics of the interlocutors when establishing contact in the process of communication is impossible.

Yu. V. Chufarovsky defines psychological contact as the process of establishing, supporting and developing the mutual attraction of those who communicate. The success of establishing psychological contact is largely due to the harmony of human relations, the development of psychological ties between those who communicate. If people penetrate trust or interest in each other, we can say that psychological contact has been established between them.

N. I. Porubov defines psychological contact as "a system of interactions between people in the process of communication based on trust; an information process in which people are willing and able to perceive information coming from each other. Psychological contact is also a process of mutual influence, empathy and mutual understanding ". This definition gives a much deeper and more complete idea of ​​the nature of psychological contact, but at the same time absolutizes the desired concept.

Later N.I. Porubov notes that psychological contact is a special kind of relationship between a law enforcement officer and participants in a criminal process, characterized by the desire of a law enforcement officer to maintain communication in order to obtain truthful, accurate and complete testimony relevant to the case.

Psychological contact is not a means of resolving all contradictions. It helps to overcome the barrier of alienation and create an environment in which people can and want to perceive information coming from each other.

GG Dospulov notes that "psychological contact between the investigator and the witness, the victim takes place only when their goals and objectives coincide or at least do not contradict each other." The same applies to the suspect (accused) when communicating in a conflict-free situation. But in investigative practice, there are cases when the investigator, defending his erroneous, biased version, "pushed" the accused to conspiracy or himself was "on the lead." On the basis of such a kind of merging of interests between the participants in the criminal process, a conflict-free relationship can be established, outwardly similar to psychological contact. In this case, the investigator receives a "frank" confession and "reveals" the crime, and the unscrupulous interrogator achieves his antisocial goals. Here there is only an external interaction of the participants in the interrogation, with the opposition of the tasks that they pursue. Such facts are possible in case of violation of procedural norms. Such violations cannot lead to the clarification of the truth in the case and the achievement of the objectives of criminal proceedings. That is why psychological contact cannot be reduced only to the desire of a person to enter into communication with the investigator and give evidence to him. For psychological contact, the subjective opinion of a law enforcement officer is not enough, because the latter may turn out to be erroneous.

According to A. A. Zakatov, psychological contact is "the state of the business situation that has been firmly established during the interrogation and the trust of the interrogated person to the interrogator, including the readiness of the first to tell everything known to him in the case and the readiness of a law enforcement officer to effectively use tactical methods within the framework of the criminal procedure law receiving and recording evidence.

A. V. Dulov understands the establishment of psychological contact as a purposeful planned activity to create conditions that ensure the development of communication in the right direction and the achievement of its goals. Psychological contact achieves its goals only if the psychological processes that naturally develop in a person before entering into communication are taken into account. Here, A.V. Dulov points primarily to the process of psychological adaptation, in which, in turn, he singles out social adaptation (awareness and getting used to a new social role in communication), personal adaptation (knowledge and getting used to the personality of the subject of communication), situational adaptation (addiction to the conditions, subject, goals of communication).

The process of adaptation is associated with the subject's experience of performing a similar social role, his knowledge of the subject, purpose and, most importantly, the interlocutor in communication. People sometimes instinctively, and often consciously, seek to facilitate the upcoming communication and therefore seek to predict it - to collect information about its purpose, about the personal qualities of a communication partner. Therefore, the investigator, the prosecutor are always the object of close scrutiny by witnesses, victims and especially the accused. All information coming from a law enforcement officer is perceived with heightened attention. The significance of this information can be greatly enhanced by this subject, and this, in turn, can lead to a change in the direction of communication, to a change in its activity. Hence the conclusion that all information transmitted at the stage of establishing psychological contact (verbal, personal) should help facilitate psychological adaptation. The basis for establishing such contact is the actualization of an emotionally significant subject of communication that causes mental activity of communicating persons. Its establishment is largely ensured by the correctly chosen tactics of the investigative action itself, based on the study of the individual characteristics of the individual, the materials of the criminal case, as well as the communication skills of a law enforcement officer.

Psychological contact must be maintained not only during interrogation or other investigative action, but also in the future during the preliminary investigation. It is possible that the established contact may be lost, or vice versa, the lack of trust at first will be replaced by a strong contact. From this follows the conclusion that psychological contact is not a separate stage of interrogation and not a tactical device, but a tactical operation that accompanies the entire course of interrogation.

There are no ready-made schemes for establishing psychological contact with all participants in the criminal process and there cannot be. In each case, it is necessary to take into account the individuality of the individual.

Even Hans Gross once wrote: “A witness to an inept investigator will either not say anything, or will show something that is not entirely significant or is completely incorrect, and the same witness will truthfully, accurately and in detail show that investigator who can look into his soul, understand him and can handle him."

So, we can conclude that the basis of the process of establishing contact is the exchange of information. That is, contact in investigative practice is communication, the relationship between the persons involved in the case. When contact is formed, there is a struggle for psychological initiative in interaction. At the same time, each of the partners (participants in the investigative action) seeks to think for the other and takes a set of actions in order to have a tactical advantage in this interaction. Therefore, the formation of psychological contact, according to the reasonable opinion of A. R. Ratinov, contains elements of psychological struggle, which is one of the sides of an individual psychological approach that implies humanity, sensitivity and correctness in relation to the person under investigation. The investigator essentially participates in the struggle that takes place in the human soul.

A prerequisite for the formation of psychological contact with the participants in the criminal process are the professionally important qualities of a law enforcement officer. They, in turn, are due to the peculiarities of investigative activity as a profession, namely: the state and political nature, its legal regulation, the opposition of interested parties, the presence of power, the preservation of official secrets, the originality of the socio-psychological atmosphere of the investigation, diversity and creativity, a peculiar combination of collective and creativity, lack of time, educational impact, increased responsibility and procedural independence.

"A master investigator in the direction of his activity is similar to an experienced surgeon. Society has given both enormous rights. The surgeon with his scalpel invades the holy of holies - a living body. There the surgeon excised a malignant tumor for the benefit of a person, to preserve healthy tissues, to save his life. An employee Society has endowed law enforcement agencies with perhaps even greater rights: he can arrest, search ... but the main thing is that the investigator, in the interests of society and in the interests of the individual himself, can invade the intimate, spiritual world of a person and does this in accordance with the requirements of the law. no less difficult than a surgical operation, where two different worldviews, two wills, two tactics of struggle, different interests, etc. collide. dialogue. there are three groups professional qualities law enforcement officer.

1. Intellectual qualities. These include discursive and intuitive thinking. Discursive thinking works in a strictly limited area, when it is known what needs to be proved, and the material necessary for logical processing is collected. Discursive thinking is accompanied by logical formulations. Intuitive thinking is an obligatory element of investigative creativity, it is a kind of culmination of the creative process, "a kind of wave crest, where both retrospective and perspective are fully and holistically presented."

2. The main characterological qualities: perseverance, independence, patience, self-control, adherence to principles, consistency, purposefulness, determination, initiative, courage.

3. Psychophysiological qualities of a law enforcement officer: emotional balance, ability to concentrate, psychological endurance, a significant amount of attention, its quick switching, quick orientation in new conditions, the ability to work with extraneous stimuli.

In my opinion, success in the process of establishing psychological contact largely depends on whether the investigator has such a character trait as sociability. The investigator must be able to get a secretive, silent by nature person to talk, to restrain a talkative person, to find an approach to a child, an old man, an illiterate person. To achieve these goals, knowledge of the psychology of interrogated persons will by no means be sufficient. Here it is important to easily make contact with strangers, win over a person and start a conversation with him (See diagrams 1.1 and 1.2).

Establishing contact means optimally facilitating the subsequent communication process. The activity of a law enforcement officer in the formation of psychological contact is subject to a number of goals. The main purpose of establishing psychological contact with the interrogated is to obtain truthful and complete information about the circumstances of the crime under investigation, as well as transferring contact relations to other investigative actions: verification of testimony on the spot, investigative experiment, confrontation, identification. Another goal, determined by the tasks of the criminal process, is to establish the causes and conditions conducive to the commission of a crime.

The purpose of the formation of psychological contact is also to provide psychological help persons involved in the case. Often the psychological trauma experienced by the victim is more severe than the physical trauma. The effect of mental trauma can be experienced by a witness of a crime, and even a criminal. In some cases, the offender commits a crime in a state of stress, physiological affect, through negligence. In addition, the very fact of detention, arrest, initiation of a criminal case, the loss of the former social position have a psycho-traumatic effect on a person who, in this regard, evades contact with the investigator, "withdraws into himself", refuses to testify. In this case, the investigator can use the methods of work indicated in the second chapter of the work.

Depending on the purpose of communication - the exchange of information, the joint solution of a problem, educational influence, etc. - the specific goals that need to be achieved when establishing contact also change. A. V. Dulov identifies the following goals:

1. ensuring an active psychological attitude of the subject in the upcoming communication;

2. removal of prejudice, alertness in the subject of communication;

3. facilitating the process of psychological adaptation.

Psychological contact can be considered established if the necessary conditions are created for the best manifestation of all elements of psychological communication (sources of transmission, transmission channels, channels for receiving information, its processing).

It is necessary to excite the psychological activity of the subject so that he is able to correctly perceive the information, actively process it and transfer it to the investigator.

The establishment of psychological contact is necessary, first of all, so that the participant in the criminal process is set to perceive a law enforcement officer, has the desire and determination to truthfully tell about all the circumstances of interest to the investigation. The functions of establishing psychological contact are varied.

The main one - tactical - is to create an environment for obtaining reliable information. The heuristic function of contact consists in activating the mental activity of a person and directing it in the direction necessary for the purposes of the investigation. Of great importance is the controlling function - getting the opportunity to compare what has been received with what is already in the case. The emotional function of contact lies in the fact that the investigator, acting on the interrogated person with his confidence, infects him with his optimism. The moral and ethical function of contact is the ability to win over the interrogated person, gain confidence in him and get truthful testimony.

For interrogation, the most characteristic is the moral, ethical and emotional function of establishing contact. For verification of testimony on the spot, confrontation and investigative experiment - a controlling function, where contact develops into a working period and the task of a law enforcement officer is to constantly maintain it.

G. A. Zorin presents the process of forming psychological contact in the form of five stages, each of which corresponds to various forms activities of a law enforcement officer. This classification is given by Zorin regarding interrogation.

The first stage: the diagnosis of the personal qualities of the future interrogated.

1.1 collection and analysis of information about the future interrogated;

1.2 identification of personality characteristics that characterize the possible state and position of the interrogated;

1.3 the formulation of questions and the preparation of optimal tactics aimed at the formation of psychological contact, obtaining complete and truthful testimony.

The second stage is the entry into contact interaction:

2.1 meeting the interrogated person;

2.2 a conversation on a topic not related to the crime under investigation;

2.3 formation of initial contact.

The third stage is the formation of a situational attitude of the interrogated to contact interaction at the beginning of the interrogation:

3.1 deepening knowledge about interrogation by asking additional questions about family, merit, profession, other circumstances that characterize the personality of the interrogated. It is advisable to carry out these actions in the process of fixing personal data in the protocol of interrogation;

3.2 objectification of the personality of a law enforcement officer, which consists in transferring to the interrogated some information about himself and about his attitude towards the positive qualities of the interrogated.

Fourth - the stage of contact interaction during the main part of the interrogation (reflexive stage):

4.1 formation of contact relations in the form of a free story of the interrogated;

4.2 strengthening psychological contact in the process of setting a series of questions aimed at obtaining complete and truthful testimony.

The fifth stage is the stabilization of psychological contact at the end of the interrogation:

5.1. approval by the investigator of the position taken by the contact interrogated when reading and signing the protocol of interrogation;

5.2. tactical actions aimed at strengthening contact relations in subsequent investigative actions involving this person.

The above classification of stages is considered in relation to a particular case - interrogation. To analyze communication as a whole, a number of stages proposed by A. V. Dulov deserve attention, which pass one into another in the general course of communication:

- forecasting and planning of forthcoming communication;

- visual-kinesthetic (speechless communication);

- establishing psychological contact during the exchange of speech information;

- exchange of speech and other information to obtain the intended purpose of communication;

- mental analysis of the course and results of communication.

As for contact, its development between people goes through three stages:

1) mutual evaluation;

2) mutual interest;

3) separation into a dyad.

In the process of evaluation, external perception of each other and the formation of the first impression take place. Having met each other, people subconsciously predict the outcome of the contact. The result of mutual evaluation is the entry into communication or "refusal" of it. It has been proven that when one person sincerely wants to understand another, the latter, as it were, allows this person into the world of his experiences.

As part overall process development of communication A. V. Dulov identifies several stages in establishing psychological contact, similar to the stages of development of communication.

1. Forecasting communication and the process of establishing psychological contact.

2. Creation of external conditions facilitating the establishment of contact.

3. The manifestation of external communicative properties at the beginning of eye contact.

4. The study of the psychological state, the relationship of the subject to the communication that has begun.

5. Actions to eliminate interference with communication.

6. Excitement of interest in the development of action during the upcoming communication.

In the working mode of establishing psychological contact, in my opinion, the following stages can be distinguished:

1. Establishment of emotional and psychological contact;

2. establishing working contact and maintaining it;

3. checking the effectiveness of the contact.

The depth of contact is usually related to the level at which it occurs. Experienced investigators change various parameters of the conversation, apply certain tactics depending on the individual characteristics of the individual.

The first level of contact is dynamic. This is the pace, rhythm and level of tension. If we apply a musical analogy, this is the part of the drum and double bass in a piece of music, on the rhythm of which the melody will subsequently be superimposed, that is, the content of communication. The first level of contact is associated with such temperamental features nervous system like strength, mobility and poise.

The second level of contact in communication is the level of argumentation. It has long been known that the same arguments have different effects on different people. The investigator chooses the arguments, taking into account the age of the interrogated, his specialty, intelligence, life experience.

Finally, the third level is the level of socio-psychological relations, which is associated with the role positions of the person.

All dynamic aspects of the investigative action are inextricably linked with the temperament of the persons involved in the case. If the investigator wants to succeed in the case. He must plan the pace, rhythm, duration, level of tension, ways to relieve excessive psychological stress, taking into account the characteristics of temperament.

When preparing for an investigative action, the investigator can predict the forms of communication in order to try to determine, on their basis, ways to establish psychological contact in the future. G. A. Zorin offers the following forms:

1) Persons involved in the case enter into psychological contact with goals that coincide with the goals of a law enforcement officer. In this situation, the person accepts the objectively current situation, wants to establish the truth in the case under investigation. Relations here are non-conflict. This form of psychological contact can have several subspecies:

a) The person mindlessly engages in contact interaction, assuming. That the investigator, by virtue of his position, can and must understand the current situation and the person himself;

b) Entry into contact interaction is due to emotional factors: anger, fear, compassion, remorse and other feelings. A person comes to the investigator already tuned in to entering into psychological contact. In this situation, the investigator must be able to maintain these relationships and strengthen them. Indifference, rudeness, tactlessness of a law enforcement officer leads to hostility in a person, which will lead to the termination of contact relations. And if the first subspecies is typical for witnesses, extras, then the second - for the victims, as well as for the accused (suspects) who decided to give truthful testimony;

c) Emotional arousal that caused the entry into psychological contact can, and often does, occur during the investigative action itself (interrogation, identification). In this case, the person has goals that coincide with the goals of a law enforcement officer, but has a negative attitude towards investigators, and therefore does not interfere with psychological contact. This situation is typical for witnesses and victims with antisocial attitudes. Investigator. Turning to feelings of shame, pride, remorse and love, sympathy, psychological contact can be formed on an emotional basis;

d) The next position (subspecies) is due to the entry into psychological contact with the investigator, associated with a preliminary in-depth study of the current situation. In this case, the activity of a person is distinguished by deliberation, anticipation of his behavior and stability. This form is the most durable, but it needs to be carefully treated, strengthened and stabilized.

2. Persons involved in the case enter into psychological contact with the targets. Which completely or partially do not coincide with the goals of a law enforcement officer. In this case, the existing relationship differs from the relationship of the "first group" in its inner side, which is in the nature of a hidden conflict. There are also subspecies here:

a) A person assumes the position of a law enforcement officer only after the latter conducts a series of techniques aimed at forming a contact. The external side of the relationship is fully consistent with the features that characterize the psychological contact. A significant number of investigative actions (first interrogation, confrontation, then verification of testimony on the spot, etc.) contain elements of forced communication, where the goals of its participants partially do not coincide, there is a hidden conflict in their relationship. Suspects, witnesses experience a state of uncertainty, a struggle of motives: they are looking for the best way out of the current situation. So, if the investigator understands the state of the interrogated and the motives of his behavior, he can change the direction of his position by intensifying the struggle of motives, as a result of which external and inner sides communication will fully comply with the principles of psychological contact;

b) The person involved in the case hopes to “outplay” the law enforcement officer, mislead him, where he uses psychological contact as a weapon of his defense. This situation is inherent in the suspects, the accused, who give false testimony, veiling hostile attitude towards the investigation. In this case, the person enters into contact interaction with the investigator, having goals that are completely opposite to those of a law enforcement officer.

The proposed classification of the forms of contact interaction between a law enforcement officer and participants in the criminal process can undoubtedly help the investigator predict possible options the positions of the participants, in the development of the necessary tactical means and techniques for transforming positions "objectionable" to the investigator, strengthening and stabilizing the psychological contact.

Completing the description of the concept and nature of psychological contact during the preliminary investigation, one should dwell on the features of communication as mental process. A. V. Dulov highlights the following features:

1. the specificity of the reasons for entering into communication, which is determined by the committed crime;

2. the presence of a plurality of goals in each communication;

3. the conflicting nature of many communications, since the goals of the persons in communication may not coincide;

4. high degree of formalization of communications. The formalization of communication is manifested in its coercive nature, and is also ensured by the procedural regulation of the beginning of communication (warning of criminal liability), its course (definition in the procedural law of the circumstances governing the external side of communication, etc.), completion of communication (protocol of an investigative action). The formalization of communication implies a state of increased mental activity in persons endowed with procedural powers. These persons - investigators - in all cases know in advance the purpose of communication, and therefore they are obliged to plan and direct it. Therefore, the establishment of psychological contact helps to overcome the difficulties of formalization;

5. Specific mental states associated with communication. The fact of committing a crime often leads to a long-term change in the mental state of a person. Such a change can occur under the influence of remembering the fact of the crime, its individual details. Based on this, a certain dominant in communication appears in a person, which leads to that. That all actions, all information during communication is passed through consciousness, primarily from a certain point of view - the dominant, most active area of ​​mental activity. Its identification in each specific case is important for determining ways to communicate with a given person, ways to establish psychological contact with her.

Increased mental tension necessitates solving many mental problems, taking into account the psychological characteristics caused by the commission of a crime, overcoming counteractions, negative emotions;

6. the presence of a complex of types of communication. Here unilateral and multilateral, primary and repeated communications are realized.

Summarizing the above, we can conclude that psychological contact is a complex system with many different elements and connections. Such elements as "emotional trust", "readiness for communication", "mutual understanding" are present in the content of psychological contact when the goals of the persons involved in the case and the law enforcement officer coincide. They can be considered an intermediate result of the activities of a law enforcement officer in the process of forming a contact. Such contact (with the content of these elements) can be considered an ideal form of relations between a law enforcement officer and other participants in the criminal process. Investigators should strive to create just this form of psychological contact. Unfortunately, in most cases there is an element of forced communication, so it is very difficult, and sometimes completely impossible, to form an ideal psychological contact.

Even in cases where the accused comes to the conclusion that it is necessary to give truthful testimony and is ready for this, he often tries to hide certain details related to the criminal event, in which case such elements as "interaction" remain in the content of psychological contact. "communication with feedback", optimizing the process of communication in order to obtain truthful and complete testimony.

Chapter 2. Ways to establish psychological contact at individual stages of investigative actions

2.1 Entering into contact interaction

The first impression, the manifestation of external communicative properties at the beginning of eye contact play an important role in establishing psychological contact. If we consider the pre-contact diagnostics of the personal qualities of the persons involved in the case as the first stage of contact formation, then the entry into contact interaction can be conditionally considered the second.

Studies show that the first impression is based on the perception of: 1) the appearance of a person; 2) his expressive reactions (facial expressions, gestures, postures, gaits, etc.; 3) voice and speech. The national-psychological features of the object, of course, leave their mark on this process. Every law enforcement officer must be able to read the language of external manifestations of human psychology. The language of external manifestations is more sincere than the language of words. One of the experts in human psychology figuratively said: it is easier to change your worldview than your individual way of bringing a spoon to your mouth. At the same time, the psychological meanings of the language of external manifestations are probable and ambiguous.

The very process of forming the first impression logically breaks down into several stages. The first is the perception of objective characteristics. Here, the partner in the upcoming communication is perceived rather as a physical individual with outwardly understandable features (gender, height, facial expressions, clothing, etc.). These qualities seem to speak for themselves. In this regard, they are called non-verbal components of communication. The second stage is the perception of emotional and behavioral manifestations, the general psychological state of communication. The third stage is the synthesis of our rational conclusions, impressions, linking the past and the present, as well as the creation of a dynamic image that includes evaluative ideas about another person as the owner of social role and individual personality traits that make him suitable or unsuitable for communication in data conditions .

The expression of the first impression is the manifestation of external communicative properties, which depends on the understanding of the essence of the social role of a given subject in communication, on the prevailing relationship to the subject on the part of a law enforcement officer. Therefore, in necessary cases, a law enforcement officer must be able to suppress, hide a negative attitude towards the participants in the criminal process, because otherwise contact will not be established, the goal of communication will not be achieved.

Communicative properties are manifested in the manner of clothing, facial expressions, the ability to listen to the interlocutor, the style of speech (intonation, the absence of vulgarisms, slang expressions, ease of constructing phrases).

Practice shows that "in relationships with other people, people are often guided only by likes and dislikes that can arise on the basis of real facts, but these quickly formed feelings can determine all further relationships.

At the moment of the first meeting, the relations of its participants are determined more by feeling than by reason. Therefore, for the first meeting, it is necessary to prepare the first phrase, the first actions that can cause positive emotions at the interlocutor. So, for example, you can show goodwill by expressing regret about the anxiety caused by the interrogation, inquire about the state of health. The investigator can reassure the interrogated person by explaining that this interrogation is a necessary formality, that it should not cause unnecessary excitement.

When communicating, it is advisable to call the "interlocutor" by name and patronymic, since this is not only a sign of respect, but also a manifestation of the significance of the same interlocutor. The correctness and understanding by the police officers of the situation in which the person involved in the case turned out to cause the latter to hope for the objectivity and humanity of the law enforcement officer, cause a desire to communicate with him, which is the root cause in the formation of psychological contact. If in the course of a conversation such a direction arises when a person wants to please the investigator: he demonstrates his positive qualities, talks about his merits, then he must be supported. Interest in one's own personality always causes a positive reaction in a person, since it is universal.

Significant information can be obtained from the analysis of postures, gestures, gait of a participant in an investigative action. So, if a person appears before the investigator quietly, greets him frightened, sits down on the edge of the chair, then the investigator can draw certain conclusions: it is unlikely that the witness in this state will give truthful and detailed testimony. He is afraid that his testimony will not cause him any trouble, that the investigator will not understand him. Certain material for personality assessment can be provided by the clothes and shoes of a participant in an investigative action. Neatness or negligence, extravagance or simplicity may indicate some character traits, habits, and even professions.

Particular attention should be paid to the analysis of the speech of the person passing on the case, its intonations, rhythm, timbre. When communicating with the investigator, a person can use slang words and expressions that can also characterize this person, his belonging to the underworld. The investigator should not use jargon words for communication, but the very fact of understanding jargon can have a positive impact on the formation of contact relations, assist in diagnosing the criminal profession of the interlocutor.

Of no small importance in the formation of psychological contact is the factor of the mutual arrangement of communication partners. So, psychologists have established that each person has a "personal space" around him, which should not be invaded by other people. This space depends on the nature of communication: 1) intimate space with a radius of 0 to 45 cm; 2) personal space from 45 to 120 cm; 3) social distance from 120 to 400 cm.

Some scholars also identify options for the spatial orientation of communication during interrogation (unfavorable for the interrogated; protective form for the interrogated; confidential form; unfavorable for the interrogator).

It seems that after the greeting it is expedient, remaining in one’s place, to offer the interlocutor to take a place opposite at a distance of 120-140 cm, which will allow the investigator to use the stereotype of communication characteristic of familiar people.

The task of a law enforcement officer is to find in this person the basis of positive social ties, strengthen them and excite positive civic motives of behavior.

Mimicry, as a manifestation of external communicative properties at the beginning of eye contact, is a mirror of the internal state of a person. During the investigation, the knowledge of the voluntary and involuntary components of facial expressions becomes especially important. The latter include such components that, not subject to volitional control, open the soul of the individual in front of her interlocutor.

Since the eyes are not without reason the mirror of the soul, V. L. Vasiliev begins the description of facial expressions from the gaze of the face: “A close attitude of the gaze each time is directed to something specific, subject to immediate knowledge. environment. With a lowered, bowed head, a look from under his brows, directed upward, indicates some negativity of the personality, distrust, isolation. This look can also be deciphered as a manifestation of humility, combined with the desire to disguise one's true feelings from the interlocutor. If the palpebral fissures are narrowed - this a mimic sign defines a state of significant fatigue, in which, due to a decrease in tone, the muscles that lift the eyelid up weaken.All the facial expressions described above indicate the absence of psychological contact and should alert a law enforcement officer, make him reconsider his chosen them tactics.

V. L. Vasiliev considers mimic activity together with frontal mimicry. The main expression of frontal facial expressions, in his opinion, is the wrinkling of the forehead, raising the eyebrows up.

In the mimic aspect, two types of active attention are distinguished: looking and observing. Horizontal forehead wrinkles are characteristic of looking, which is a passive-receptive function; a more active function is characterized by the appearance of vertical wrinkles on the forehead, which indicates a person’s composure and purposefulness. Relaxation of the mouth indicates a decrease in the activity of the individual, as well as amazement, surprise, and nervous shock. The phenomenon of a relaxed oral fissure may indicate a congenital insufficiency of facial expressions. The facial expressions of the so-called internal laughter with the mouth closed are also peculiar. It is characterized by a joyful expression of the eyes and a hardly restrained movement of the lower jaw.

Mimicry should be perceived and analyzed as a complex whole, in which the following aspects can be distinguished: mobility, speed of changing mimic formulas and the rate of alternation of their transitions. It seems that such a comprehensive analysis will help the investigator to establish psychological contact.

Having entered into contact interaction, the investigator can proceed to the formation of a situational attitude to establish psychological contact.

2.2 Formation of a situational attitude to contact interaction. Information exchange

Establishing contact involves knowing the actual state of the individual at the present time, determining the need for his psychological state. Contact is established only when a thorough study of the characteristics of the individual is made: the mental state at the moment, the points of excitation and inhibition of his mental activity, attitudes towards the upcoming communication, its participants, and goals. Without such a study, it is impossible to determine further actions to establish contact.

Behavior will depend on the objective conditions of the investigative action, the subjective state of the individual and its structure.

The personality structure consists of three elements: 1) personal attitude (life program of behavior); 2) a system of needs, drives, interests; 3) the nature and characteristics of the will.

Personal attitude is the main and central link of personality. The attitude expresses not some individual qualities of the personality, but the whole personality, its entire moral and psychological context. The system of drives, acting as incentives for the activity of the individual, characterizes its dynamic aspect.

The main thing for a law enforcement officer is to influence the personal attitude, to reorient it. And for this it is necessary to identify the interests and inclinations of a person.

The development of the topic of conversation depends on the individual, on the mental state in which the person is on the investigative action.

It is advisable to deepen the topic of conversation that is most pleasant to the interlocutor. So, if during interrogation the interrogated person talked about his childhood or another period of life, he should not be interrupted, as this could damage the entire course of the interrogation. The investigator must be able to listen, and the lost time will pay off in the main part of the interrogation, when you do not have to spend time and effort to overcome the negative position of the interrogated person who is in conflict with the investigator.

The ability to listen to an interlocutor is an art. According to the manner of listening to the interlocutor, people are divided into three groups: attentive listeners, passive listeners and aggressive listeners. Attentive listeners create a favorable atmosphere for conversation, stimulate the speaker to be active. Passive - cause apathy in the speaker, and thereby cause negative emotions in the speaker.

Attentive attitude to the speaker, benevolence, the desire to understand and understand the interlocutor, to show interest in his words - these are the components of the ability to listen. We can say that in a certain sense this determines the professional suitability of a law enforcement officer.

The ability to talk to people is one of the most important communication skills. In order to influence the mind, will, feelings, to correctly perceive and understand the speech of the interlocutor, to be in turn understood by him, the investigator must take care of the culture of speech. The culture of speech is the ability to speak, write correctly. Speech should be meaningful, expressive and understandable. The inability to use the word leads to the fact that it loses its effective power. There is no doubt that a competent investigator will be respected and have great authority among the persons involved in the case. The investigator must be able to conduct a sincere conversation with people, because penetration and cordiality in a conversation, as a rule, have the strongest impact and contribute to the establishment of psychological contact.

To establish contact with the interrogated person and mitigate the circumstances preventing this, there is a procedure for warning about criminal liability for refusal or evasion to testify. This is done taking into account the personality of the interlocutor. A warning about liability for giving false testimony can be made, as it were, by the way, noting that such a decent person, of course, will give truthful testimony. In relation to a person who is determined to give false testimony, as evidenced by his negative attitude towards the investigator, past convictions and other circumstances, it is advisable to use a more detailed conversation on this topic, suggest reading the articles of the Criminal Code, pay attention to the sanction. A warning about the criminal liability of witnesses and victims should not be intended to intimidate a person or humiliate his human dignity.

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At the initial stage of interrogation, the mental state of the interrogated person, his emotional and volitional attitudes are diagnosed, the possible development of interpersonal interaction is predicted, and the possibility of establishing communicative contact is sought.

Steps prior to taking evidence

The actions of the investigator prior to the receipt of evidence - identification of the interrogated person, explaining him and his duties to him, have their own super-task - they introduce the interrogated person into the process of official role-playing communication.

At the same time, the interrogated person must be aware of his legal status and the corresponding tasks of his activity. Explaining the rights and obligations of the interrogated, clarifying his relationship with other persons involved in the case, the investigator makes the first preliminary conclusions about the behavioral characteristics of the interrogated, about his positions in relation to the event under investigation and in relation to the persons involved.

At this stage of the interrogation, it is important to prevent a person's possible unwillingness to give truthful testimony based on the use of the positive qualities of the personality of the interrogated person, episodes from his biography. When interrogating a suspect (), it is important to focus his attention on the legal meaning of sincere repentance, and the witness and the victim - on criminal liability for refusing to testify and for knowingly testifying. It is also necessary to clarify the procedural requirement to indicate the sources from which the interrogated person became aware of the information reported by him.

The initial stage of the interrogation

The warning system can significantly reduce the mental activity of the interrogated. It should at the beginning of the interrogation be extremely limited. Thus, a warning about criminal liability for disclosure of preliminary investigation data without the permission of the investigator or prosecutor (Article 180 of the Criminal Code of the Russian Federation) should be made only at the end of the interrogation. In its initial stage, it is recommended to avoid what can increase the mental tension of the interrogated person, to fetter his communication with the investigator.

At the initial stage of the interrogation, the investigator seeks to cause the activity of the interrogated and obtain information about his personal characteristics and mental state, to determine his attitude to justice, this investigative action and to the personality of the investigator himself. At the same time, the investigator makes preliminary conclusions about the possible tactics of interrogation in this situation and establishes a communicative contact with the interrogated person.

Establishing a communicative contact is the initial condition for conducting an interrogation. Unlike the term "psychological contact", which implies a common emotional attitude based on common goals and interests, the term "communicative contact" (from the Latin "communicatio" - to communicate, transmit) means interaction for the purpose of exchanging information. Communicative contact is based on the awareness of the need for information communication and is aimed at creating conditions for obtaining certain information. However, along with the exchange of ideas, ideas, it also involves the exchange of moods and feelings.

Communicative contact is a business interpersonal interaction. Obstacles to establishing such contact (communication barriers) can be interpersonal antipathies, conflicts, differences in the social status of communicating persons, moral differences, psychological incompatibility. The task of the investigator is to overcome these barriers.

Each person in any life situation has his own primary concerns, anxieties, doubts, desires and interests. On this basis, the investigator's entry into contact with the interrogated person should be carried out. In relation to witnesses, this may be an expression of regret about the anxiety caused to them, in relation to the victim - sympathy for the traumatic circumstance, in relation to the accused and the suspect - assurance of all their legal rights, clarification of their urgent requests and petitions. The golden rule of the investigator's behavior at this stage of contact interaction is not to allow anything that can cause a negative attitude towards him.

A benevolent acquaintance, giving one's name and patronymic, addressing the interrogated person by name and patronymic, neat appearance, dignified but not arrogant demeanor - all this forms the first impression of the investigator. It is permissible in the first minutes of interrogation for the investigator to provide some information about himself, about the expectations that he places on the behavior of the person being interrogated.

Reflexivity, penetration into the inner world of a communication partner is the main condition for activating communication.

In a number of cases, interrogated people initially show shyness, stiffness, isolation, distrust, and anxiety. The situation is aggravated by the need to enter personal data of the interrogated person into the protocol of interrogation. This formal side can be revived by more detailed questions about the life of the interrogated person, about the most significant episodes of his biography for him. A lively interest in the person being interrogated usually finds an appropriate emotional response.

The investigator must show special sensitivity, tact and sympathy when interrogating a victim who has suffered mental trauma from the violent actions of a criminal.

Witnesses also experience various mental states of tension.

Reliance on the positive qualities of the person being interrogated is an essential moment of making contact. In many cases, the investigator specifically emphasizes the positive aspects in the biography of the interrogated person, as well as the positive aspects of his characteristics, individual manifestations, decency, etc. Great opportunities for communication are provided by the interrogated person's profession, his hobbies, core personal interests, social activities, military service, etc.

Offering the interrogated an emotionally significant topic for him, the investigator analyzes his value orientation, emotional stability or instability, recognizes his mimic mask, methods of behavioral adaptation. At the same time, neither excessive freedom of behavior, bordering on swagger, nor states of timidity, shyness, fear, downtroddenness, etc., should be encouraged. The state of mental tension fetters communication and can cause increased conformity, suggestibility.

One of the tasks of the investigator is to recognize and overcome psychological barriers interfering with the optimization of the interrogation. Such barriers can be bravado, the arrogance of the interrogated, the desire to confuse the case, evade responsibility, set to resist; legal illiteracy, fear of negative consequences, fear of revenge on the part of interested parties, the desire to hide the intimate aspects of personal life, etc. Foreseeing these obstacles, convincing the interrogated person of the groundlessness of his fears, of the expediency of truthful behavior, the promotion of justice, is one of the most difficult conditions for communicative activity.

Damage to communicative contact can be caused by a one-sided increased interest of the investigator in incriminating circumstances and inattention, indifference to justifying, mitigating circumstances. The investigator must be very attentive to all reasonable petitions of interrogated persons.

The investigator's communicative ability is his ability to provide mental interaction with other persons, activate their mental activity, and regulate their emotional and volitional states. Taking into account the line of conduct that each interrogated person chooses for himself, he must develop an appropriate communication strategy.

Detailed interrogation stage

The investigator carries out, first of all, public, and not interpersonal communication, performs social function and endowed with the appropriate powers to do so. However, he must take care to create such conditions during the interrogation that would ensure the desire of the interrogated persons to enter into communication with the investigator and solve the tasks proposed by him. In this regard, a number of requirements are imposed on the behavior of the investigator:

1. 1. flexibly take into account the personal characteristics of the interrogated, in any case, behave correctly, at a high cultural level;
   2. anticipate (anticipate) the actualized needs of the interrogated, take into account his mental state;
   3. not show anything that could cause a sharply negative attitude of the interrogated to the personality of the investigator;
   4. bring to the fore the circumstances in which the interrogated person is interested in entering into communicative contact;
   5. rely on the positive personal qualities of the interrogated person, especially those that are highly appreciated by the interrogated person himself;
   6. know and use the most significant episodes from the biography of the interrogated;
   7. to overcome one's own negative attitude towards the interrogated person, to prevent disdainful treatment of him;
   8. be attentive to all testimonies, regardless of their veracity, restrain expressive manifestations (delight, joy, expressive gestures, facial expressions - all this can have an inspiring effect, convey certain information to the interrogated person).

Increased requirements are placed on the culture of speech of the investigator. It should be clear, convincing and emotional enough. Dry, anemic speech does not evoke a response.

One should not stoop to the level of individual interrogated persons, allow vulgarity, familiarity. Manner and primitiveness sharply reduce the authority of the investigator.

Correctness, justice, attentiveness, situational flexibility and sensitivity, emotional stability are the main qualities of an investigator. Rudeness, impulsiveness, intemperance, swagger testify to professional deformation.

Psychological features of the detailed stage of interrogation. The main tasks of the investigator at this stage of interrogation are:

1. 1. filling in the gaps of a free story, clarifying indefinite statements, clarifying contradictions;
   2. providing mnemonic assistance to the interrogated in order to more fully reproduce by him individual episodes of the event, to eliminate contradictions;
   3. obtaining control data for evaluation and verification of indications;
   4. diagnosis of the reasons for the silence of the interrogated about certain circumstances of the event, mental assistance in overcoming the "barriers of silence", neutralization of the motives for silence;
   5. diagnosis of exposure of false testimony;
   6. the provision of legitimate mental influence on the interrogated person in order to obtain truthful testimony.

During the interrogation, it is unacceptable to weaken attention to trifles, individual insignificant, at first glance, details, incidental remarks, uncontrolled slips, because it is impossible to know in advance what will be the main or secondary in the case under investigation.

Indications regarding the number of objects, their size, color, shape, relative position require careful rechecking. In this case, one should take into account the possible effects of illusions, the mutual influence of colors and other factors of the psychology of perception. It is necessary to accurately determine the location of the eyewitness of the event, the physical conditions of perception, the adaptability and sensitization of the observer's sensory systems, his personal and situational apperception, the individual characteristics of the evaluation criteria, the observer's involvement in a certain activity.

When individual details of the event are revealed, the associative memory of the interrogated person is activated. The investigator may also encounter manifestations of speech passivity of the interrogated person, especially in cases of plot poverty of the episode under investigation. In these cases, the activation of the speech activity of the interrogated becomes a special communicative task of the investigator, and the investigator's orientation in the type of speech behavior of the interrogated becomes essential.

In verbal communication, a person solves not only specific tasks of communication, but also realizes a certain personal super-task: he strives to create a good impression of himself, to demonstrate qualities that are highly valued by him (loyalty, truthfulness, awareness, independence, etc.). Some people adhere to a clear speech program, others are slaves of associations. Some communicants are personally open, others are rigid, not plastic, not inclined to dialogue, they hardly enter into a conversation, do not allow interrupting their speech, do not tolerate critical remarks, are stiff, and are subject to social and role stereotyping. People also react differently to attempts at their speech activation: some easily respond to emotional, meaningful questions, while others respond more to questions that prompt them to a certain activity. It is essential for them to speak out, to speak out on personally dominant problems, to show appropriate awareness; they "pull up" the interlocutor's questions to their "sick" topics. Others are prone to abstract-intellectual problems, to lengthy remarks, to the mutual continuation of any proposed topic.

The speech activity of the interrogated depends on their relationship with the investigator, on his ability to ask activating questions.

The investigator's system of questions is a tactical means of legitimate mental influence on the interrogated person. The mental impact is exerted not only by the content, but also by the sequence of questions, activating the anticipatory activity of the interrogated. These questions must meet the following requirements:

1. 1. semantic unambiguity;
   2. simplicity of design, conciseness;
   3. relation to the subject of interrogation;
   4. consistency, that is, correlation with the logical stages of solving the investigative-cognitive task;
   5. no stimulating effect.

Groups of questions according to the degree of inspiring influence:

• • neutral - the wording of the answers to them completely depends on the initiative of the interrogated person;
  • separating ("or - or");
  • alternative, requiring positive or negative confirmation;
  • giving the right to choose between two answers, but a positive answer to one of them corresponds to the expectation of the questioner (“Was the man who stabbed the victim wearing a cap?”; these are the so-called questions of indirect suggestion);
  • aimed at direct suggestion ("Was Sidorov at the scene?" instead of the question "Who was at the scene?").
  • carrying false content, calculated on the effect of the so-called "trap" and being an unlawful method of mental violence ("Was Sidorov sober at the time of the crime?", although Sidorov's involvement in the crime has not yet been established).

Leading, inspiring questions are strictly prohibited, they are not adequate to the tasks of investigative activity. The suggestive neutrality of the investigator's question is ensured by minimizing the information that can be obtained by the interrogated person.

It is advisable to divide complex questions into a number of simpler, unambiguous ones. General, ambiguous answers must be immediately clarified and concretized. When asking a question, the investigator must anticipate possible answers to it and plan appropriate questions based on these answers.

Questions of the investigator, directing the behavior of the interrogated person, provide an opportunity for operational control over the dynamics of his behavior, the development of his feelings, mood, interests, etc. All this is also important for the self-regulation of the behavior of the investigator, the timely elimination of the possible fallacy of his actions.

With the counteraction of the interrogated person, it becomes necessary to choose the appropriate tactics of interpersonal competitive interaction. In this case, the investigator uses a system of communicative and informational actions:

1. 1. finds out the motives of opposition, tries to neutralize them, forms a motivational restructuring in the behavior of the opposing person based on his socially positive orientation;
   2. receives data to assess the veracity of testimony;
   3. analyzes possible reasons various contradictions, separating deliberate lies from possible involuntary errors.

The final stage of the interrogation

At the final stage of the interrogation, the following circumstances must be taken into account.

The law requires that all testimonies received be recorded in the protocol of interrogation "verbatim if possible." It should reflect the testimony given both at the stage of a free story and at the question-answer stage with an accurate fixation of questions and answers. However, in investigative practice, the protocol of interrogation is subjected to stereotyped investigative styling. Quite often, the protocol of interrogation does not include anything that does not confirm the version of the investigator. Under the influence of the investigator, sometimes not knowing their rights, not knowing the skills of writing, many witnesses, as a rule, sign the protocol of interrogation without carefully reading it.

For the tactics of interrogation and the evaluation of its results, the possibility of sound recording provided by law is essential.

The most important indications should be duplicated in the form of a paraphrase - in other words. To this end, the investigator's questions should also be formulated in a different speech construction.

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