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 friendliness, 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 mental processes, the subjective position of the interrogated, convincing him of the need to give truthful testimony, to help the investigation in establishing the truth.
Mental impact is carried out within the framework outlined by the criminal procedure law. By 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 those 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, distinguishes not all colors of the spectrum, does not capture the entire range of odors), 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, adverse 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 special purpose- to keep in memory the most important moments of the perceived (for example, the number of the car that made the collision, 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, features and presence of defects. Forgetting often favor new impressions, intense mental work, important events v 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 evidence, 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 the 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 realize 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.
The nature of human relations dictates a variety of psychological contacts, the content of which in the process of investigation ϲʙᴏ tends to “domination - submission” or to purely business contacts “mutual adherence to their duties”, etc.
Psychological contact is a figurative expression denoting mutual understanding, trust and the desire of two persons to communicate with each other. This is a form of relationship between persons exchanging information in any activity. Material published on http: // site
The psychological contact of the investigator with the suspect, the accused, the witness, the victim is a specific form of relationship between the representative of the state, who is entrusted with the investigation, with the named persons. The psychological contact of the investigator with the participants in the criminal process is based, on the one hand, on the norms of the criminal procedure law, and on the other hand, on the scientific provisions of forensic science, forensic psychology, logic and the theory of activity management.
In the forensic literature to our time there is no single concept of psychological contact. In our opinion, the most successful psychological contact (as “a coordinated business relationship between the investigator and the witness, victim, suspect or accused, which arises on the basis of the correct position of the investigator and the behavior of the interrogated, ϲᴏᴏᴛʙᴇᴛϲᴛʙ that does not or does not contradict the tasks of criminal proceedings”) is defined by G. G. Dospulov . The position of A.N. has something in common with him. Do not forget that Vasilyeva, who narrated that “the psychological contact of the investigator with other participants in investigative actions consists in establishing relations characterized by the exact and conscientious fulfillment by all participants (including the investigator) of their procedural and moral obligations, the correct use of their procedural rights, as a result of which relations and an atmosphere are created that are conducive to solving the problem of this investigative action. Clarifying the provisions made by the author, we add that the relations between the participants described by him will be, in essence, relations of cooperation, which can be based not only on trust, but also on cooperative principles.
Some authors see the task of establishing psychological contact in finding the common interests of the investigator and the interrogated, i.e., in the transition in interrogation from the psychological “I” to the psychological “We”. A. B. Solovyov, pointing to the features of psychological contact, concludes that it is one-sided, since the investigator seeks to obtain as much information as possible from the interrogated person and at the same time hide his knowledge of the case.
At the same time, in a number of works (N. I. Porubov, A. V. Dulov) there has been a tendency to highlight the informational aspect of psychological contact, which is its most universal and most independent characteristic. Communication during interrogation is always associated with the process of adaptation - social personal, situational, which requires a continuous flow of information about the conditions, the subject of communication and the means of managing communication. Moreover, the information here should be understood as “a form of communication between the control object and the controlled object”.
Psychological contact develops in the course of communication and its obligatory prerequisite will be mutual readiness (attitude) for perception and understanding by persons of each other. Communicating people through the use of various means (techniques) exchange information and, as a result, certain relationships are established between them. Hence, what is psychological contact? This is both the goal that determines the readiness for communication, and the process of information exchange undertaken to achieve the goal, and, finally, the result is those relationships that allow you to continue communication and jointly solve certain problems. Therefore, it is advisable to consider psychological contact in two ways: as certain relationships that develop between the participants in the interrogation, and as an activity to create these relationships, taking place in the form of communication.
The establishment of psychological contact is a purposeful, planned activity of the investigator in organizing and managing the movement of information in the process of communication, aimed at creating conditions that ensure its development in the direction necessary to achieve the goal and is carried out throughout the investigation. With all this, the establishment of psychological contact is a temporal activity, characteristic of each interrogation, a ϲᴏᴏᴛʙᴇᴛϲᴛʙa “mood” for communication.
The content of the activity to establish psychological contact will be relations of cooperation and mutual understanding (trust), based on the pursuit of a common goal (or, at least, on the coincidence of goals at certain stages of communication) or mutual respect for the persons exchanging information. Establishing psychological contact is an active activity of the investigator, aimed at forming a positive position of persons giving evidence or attitudes to continue communication and encourage cooperation.
The possibilities of establishing psychological contact, its forms, the approach to communication that is conducive to achieving the goal, depend primarily on the individual psychological qualities of the person with whom it is necessary to establish cooperation relations, on its typological features characteristic of the performance of certain duties, the role of the crime event in a particular situation , life and special experience. Hence, in the activity of establishing psychological contact, the investigator's ability to understand the psychology of people, to master the methods of permissible influence on them, the method of analyzing their behavior and introspection come to the fore. For ϶ᴛᴏgo, life experience and knowledge of tactics recommended by forensic science based on data from psychology, logic and other sciences are necessary.
In forensic science, tactics for establishing psychological contact are mainly developed, but specific recommendations for achieving it vary. So, A. V. Dulov names among the techniques: a) arousing the interrogated person's interest in the upcoming interrogation; b) arousing interest in the interrogated to the interrogator (investigator, prosecutor, head of the search); c) appeal to the law, clarification of the significance of the required information, familiarization with circumstances mitigating guilt, etc.
V. F. Glazyrin recommends the following methods to establish psychological contact: logical thinking the accused; b) arousing the accused's interest in communication and its results (if the accused really committed a crime, then his guilt will be proven regardless of his testimony, etc.); c) an increase in the emotional state - excitement (appeal to the feelings of the accused: pride, shame, regret, remorse, etc.); d) the impact on the accused of the personal qualities of the investigator (politeness, justice, goodwill, exactingness, etc.)
When establishing psychological contact, one should not allow a situation of a “semantic barrier”, when in the process of communication mutual alienation, misunderstanding of each other occurs. It is worth noting that it is characterized by distrust, hostility, psychological impenetrability. All arguments seem to the accused an attempt to deceive him.
Summarizing the above, we can name the most common ways to establish psychological contact:
1) creating an appropriate environment for interrogation;
2) interrogation in private;
3) the correct behavior of the investigator as a representative of the state performing important public functions,
4) demonstration of benevolence, an unbiased attitude towards the interrogated, arousing interest in the investigator as a communication partner,
5) demonstration of the ability to listen to the end, not to raise the tone;
6) conducting a preliminary conversation on an abstract topic;
7) appeal to logical thinking;
8) explanation of the goals and objectives of the interrogation;
9) creating an environment that arouses interest in the interrogation and its results.
When establishing psychological contact, one should not allow:
1) a long wait for interrogation;
2) manifestations of excessive interest, regret;
3) promises that cannot be fulfilled, the use of lies, calls for actions that are contrary to moral standards, etc.
Based on all of the above, we come to the conclusion that we can conclude that in the literature, the establishment of psychological contact is associated with the use of tactics aimed primarily at encouraging the readiness of the interrogated person to give truthful testimony, conscientiously fulfill ϲʙᴏ and moral duties, arousing feelings confidence in the investigator so that the interrogated (including the accused) by his behavior contributed to the achievement of truth, the fulfillment of the tasks of criminal proceedings. Unfortunately, often these idealized wishes remain “ good intentions”, and no more, faced with situations of conflict confrontation of persons who are striving to hide the truth with all their might. Therefore, it seems that it would be more realistic for such persons not to require “by their behavior to contribute to the achievement of truth”, since the search for truth is the professional task of the investigator, but to arouse readiness for communication and cooperation with the investigator in solving individual tasks of the case under investigation, which are the subject of specific communication .
Psychological contact as an indispensable attribute of communication suggests different kinds interactions, and above all cooperation and competition. Therefore, the establishment of psychological contact is also possible in situations where people have diverging interests, but nevertheless show a willingness and desire to exchange information and understand each other.
Analyzing the tactical methods of establishing psychological contact given in the literature, one can also notice that they focus on the external side of information interaction - ensuring unhindered and active participation of the interrogated in the interrogation, i.e. the presence or absence of psychological contact in the process of communication is put, mainly, depending on the desire of the person to testify, in connection with which the choice of methods of tactical influence on him occurs. Such an approach to solving the ϶ᴛᴏth question seems to us not entirely productive.
There is no doubt that the organization of the correct relationship between the investigator and the interrogated person will be an important aspect of establishing psychological contact. The ability of the investigator to show ϲʙᴏ and communicative ϲʙᴏ actions (politeness, goodwill, outward expression of the desire to listen to the interlocutor, etc.) and to win over the interrogated person (to gain authority, gain respect, inspire confidence) requires certain tactical efforts, which are exponents of his behavior style, in which the unified orientation of all the features of communication of the interacting parties in the process of interrogation is embodied.
The style of behavior in case of ϶ᴛᴏm is characterized by two interrelated factors: firstly, external forms of manifestation of behavioral features or manners (forms of addressing the interlocutor “to you”, “to you”, by name, by surname; offer or permission to smoke; manifestation of attentiveness, sensitivity, etc.) and, secondly, the internal, “additional” meaning or subtext of behavior (that is, the investigator, for example, must behave in such a way that the interrogated person sees in him a representative of state power, standing guard over socialist legality, convinced that the investigator seeks to find out the truth, that he can be trusted, realized that the investigator knows his business, and it is useless to deceive him)
When planning an interrogation, of course, it is extremely important to take into account all these facts, however, the main emphasis in establishing psychological contact should be shifted to activating the role of the investigator in the process. In connection with this, tactical influence should not be made dependent on the desire of the interrogated person to give truthful testimony, but, on the contrary, his desire to enter into communication with the investigator (the need to convey information) should be considered as a phenomenon dependent on the tactical influence of the investigator.
Based on all of the above, we come to the conclusion that the basis of interaction in establishing psychological contact is the movement of information ordered in a certain way, in which, as the main control element, it is necessary to single out and update the measure of influence of the investigator (his enterprise, initiative, expression of internal motives for change in the situation, to new forms of cooperation) to another participant in the interaction.
Conventionally, in order to optimize tactical methods of influencing the interrogated, the activities of the investigator in establishing the psychological cat act can be divided into three relatively independent stages (stages):
1. The stage preceding communication, which consists of:
a) predicting the process of establishing a psychological con! act in the course of preparation for interrogation;
b) creating external conditions that facilitate the establishment of psychological contact.
2. The initial stage of communication, consisting of techniques aimed at:
a) the manifestation of external communicative functions at the beginning of visual-kinesthetic (non-speech) communication;
b) the study of the mental state, the relationship of the interrogated to the beginning of communication.
3. The stage of subsequent communication associated with maintaining psychological contact and overcoming a negative position. It is worth noting that it consists of:
a) actions to eliminate interference in communication;
b) tactics aimed at arousing interest in the development of communication that has begun and its continuation in the future.
The stages listed above in the behavioral aspect of the investigator's activity we are considering in preparing and conducting interrogation are presented as specifically organized and controlled actions, actions and combinations of actions of the investigator aimed at establishing, controlling and regulating relations of interaction in ϲᴏᴏᴛʙᴇᴛϲᴛʙii with the set goal and the chosen model of communication. Therefore, in solidarity with A. N. Do not forget that Vasiliev, we consider it appropriate to talk about the formation of psychological contact as a tactical task, solved by applying a group of tactics that we partially named and mentioned in the literature.
Terms of use:
Intellectual rights to the material - Tactics of communication between the investigator and the participants in certain investigative actions - V.G. Lukashevich belong to its author. This manual / book is posted for informational purposes only, without involvement in commercial circulation. All information (including "§ 3. Establishment of psychological contact") is collected from open sources, or added by users free of charge.
For the full use of the posted information, the Project Administration of the site strongly recommends purchasing a book / manual The tactics of communication between the investigator and the participants in individual investigative actions - V.G. Lukashevich in any online store.
Tag-block: The tactics of communication between the investigator and the participants in certain investigative actions - V.G. Lukashevich, 2015. § 3. Establishment of psychological contact.
(C) Legal repository site 2011-2016
FEDERAL STATE BUDGET educational institution
higher professional education
«
Russian Law Academy Ministry of Justice of the Russian Federation" IZHEVSK LEGAL INSTITUTE (branch) 030900.62 Law COURSE WORK by discipline: legal psychology Psychological contact in investigative activities
Completed by student Kuznetsova A.A. Checked by Belousov R.V. Introduction Chapter I. Psychological contact in investigative activities 1 Psychological contact in investigative activities 2 Ways to establish psychological contact 3 Logical control of the interrogation process Chapter II. Psychological and tactical features of interrogation participants in criminal proceedings 1 Interrogation of a witness 2 Interrogation of the victim 3 Suspect interrogation 4 Interrogation of the accused 5 Interrogation of juvenile participants in investigative actions Conclusion Bibliographic list Introduction
Relevance of the topic term paper determined by the following circumstances. Psychological contact is one of the most important components of a person's contact as a subject of activity. Psychological contact is understood as a professional feature of the investigator, providing a high quality of contact in the process of interrogation with the interrogated person. Its formation and development is inextricably linked with the level of professional training and mastery of professional skills. Due to the fact that the investigator is the subject of labor in professions such as "Man-Man", he is endowed with a certain repertoire of professional functions, for the performance of which psychological contact is a key element. Many crimes remain completely uninvestigated and unsolved only for the reason that there are no normal, conflict-free relations between the investigator and the interrogated person, that is, psychological contact, as a result of which the quality of the interrogation is reduced. In this regard, the state has set a task for law enforcement agencies to increase and strengthen its authority in society, to gain confidence among citizens. The purpose of this work is to identify the features of the psychological contact of investigators in the conditions of interrogation. In accordance with the intended purpose. Its achievement involved solving a number of the following tasks: analyze the concept of psychological contact in investigative activities; consider the psychological and tactical features of the interrogation of participants in the criminal process. The theoretical basis for writing the term paper was the publication of periodicals, abstracts of dissertations, educational publications of such authors as Antonyan Yu.M., Enikeev M.I., Eminov V.E., Yablokov N.P., Shekhter M.S. . The issues of psychological preparation and interrogation planning, the use of tactics to the interrogated, the psychology of interpersonal relations between the investigator and the interrogated, the possible psychological positions of the interrogated during the interrogation, the psychological processes of the formation of testimony, the problem of revealing the hidden circumstances of the crime, the psychological impact on the interrogated to overcome his negative psychological attitude towards the investigator. psychological interrogation criminal process Chapter I. Psychological contact in investigative activities
.1 Psychological contact in investigative activities
Psychological contact is essential element relationships in society. It arises if there is a need for joint activities or communication. The internal basis of psychological contact is mutual understanding, exchange of information. The contact between the investigator and the interrogated person is one-sided. The investigator seeks to obtain as much information as possible, although he himself hides his knowledge of the case up to a certain point. Other features of psychological contact are: the coercion of this communication for one of the participants; discrepancy in most cases of their interests; the complexity of the subsequent establishment of contact, if it was not achieved at the initial stage of communication; active work of the investigator to establish and maintain contact. The essence of contact during interrogation is determined by the specifics of the psychological relations that arise between the investigator and the interrogated. Its establishment is ensured by correctly chosen tactics of interrogation, based on the study of the individual characteristics of the individual, the materials of the criminal case, as well as the communication skills of the investigator. The investigator should strive to eliminate conflicts from communication, establish strong psychological contact with the interrogated person, and create a favorable atmosphere for interrogation. Establishing psychological contact with the interrogated is one of the main conditions for obtaining truthful testimony, achieving the truth in the case. It must be supported not only during the interrogation, but also in the future during the preliminary investigation. It is possible that the established contact may be lost or, conversely, the lack of trust at first will be replaced by a strong psychological contact, characterized by proper mutual understanding. Each stage of interrogation has its own methods of establishing and maintaining contact. For the introductory part - an informal conversation in order to clarify demographic data, fragments of a biography, life and work experience interrogated. At the same time, attention is focused on the circumstances that positively characterize it. At this stage, the investigator finally determines the line of his behavior, clarifies the subject of interrogation and sets a mental task for the interrogated. In the main part of the interrogation is the consolidation of contact and its maintenance. This is achieved by posing questions to the interrogated person, presenting evidence, comparing testimony with information already available in the case. To maintain contact throughout the interrogation, it is necessary to constantly activate the attention of the interrogated. At the final stage, in order not to weaken contact during the period of fixing evidence, the interrogated person should be involved in the process of writing the protocol, for which everything that the investigator writes down is said aloud. The interrogated person will actively participate in the discussion of the wording, make corrections, recall missed or forgotten details, thereby contributing to the improvement of the quality of the protocol. Psychological contact should not end with interrogation. It is important to keep it for repeated interrogations and other investigative actions. It often happens that the interrogated person transfers the nature of the relationship that has developed with the investigator to other persons involved in the administration of justice. When establishing contact with an interrogated person, there cannot be a template, a stamp. Here you need an individual approach, taking into account the characteristics of the individual. The choice of method for establishing psychological contact with the interrogated largely depends on what position the person occupies in the process. Unlike the interrogation of victims and conscientious witnesses, the interrogation of suspects and accused presents a certain difficulty, since their psyche is under a constantly acting irritant, a dominant. The investigator must understand the state of the interrogated person and, with the help of tactics, remove the tension that negatively affects the establishment of contact. If one of the extreme types of the mental state of the interrogated is detected - a sharply excited emotionally negative (anger, indignation, etc.) or depressive-suppressed (sadness, melancholy, despondency, etc.), then the further behavior of the investigator should be built taking into account these states, so as not to aggravate the negative mental state of the interrogated. He must see in the investigator an honest, principled, cultured person who knows his business, who does not degrade personal dignity, does not infringe, and equally protects the rights of the interrogated person guaranteed by law. Primitiveness, vulgarity, professional incompetence, and even more so rudeness and mental violence in various forms of manifestation (threat, blackmail, manipulation of false information, infringement of national and religious feelings, etc.) are contraindicated for the investigator. .2 Ways to establish psychological contact
Ways to establish psychological contact are different. First of all, it is necessary to arouse the interrogated interest in communication, try to arouse interest in giving truthful testimony. Knowing the purpose of communication contributes to the activation of mental processes. So, for example, if the interrogated person knows why he was called, understands that his testimony is of great importance for the case, he better remembers and reproduces the events. This route of influence is designed for positive moral character interrogated. The process of establishing contact mainly depends on the investigator, his professional training, experience, authority and personal qualities. Its effectiveness is determined by the line of conduct of the investigator in relation to the interrogated. It is important that the interrogation be conducted in an even and calm tone, without rude and offensive expressions and disregard for the interrogated person, so that the investigator treats any testimony equally seriously, with sincere interest, regardless of the degree of importance of the information obtained in this case, one should not express pleasure or disappointment when receiving a response. The investigator is always the object of close scrutiny by the interrogated. Being in an excited state, they sensitively react to every manifestation of uncertainty on his part, remember his words for the rest of their lives. Interrogating people every day, the investigator develops the ability to recognize the mentality of the interrogated persons, but at the same time, he can lose the sense of the individuality of each interrogation, get used to its atmosphere, which leads to automatism in conducting interrogation. This is a symptom of professional deformation, and an effective means of combating this is self-control. The qualities that an investigator must possess also include emotional stability, peace of mind, self-control. A person who is nervous easily loses his composure. To maintain self-control, one should not speak sharply with the interrogated person. It is necessary to control oneself, to be able to curb feelings that have gone out of control. In some cases, you need to pretend that you are thinking about what you heard, and only then speak. Hot temper, impatience, irritability, rudeness are signs of professional weakness. The ability to talk to people is one of the most important communication skills. The culture of speech of the investigator is one of the prerequisites for the ethics of his behavior. It is important not only to be able to speak and write correctly, it is also necessary that the speech be meaningful, understandable and expressive. A competent investigator has more authority and is respected by those being interrogated. To establish contact with the interrogated, it is important for the investigator to be a good listener. We can say that in a certain sense this determines the professional suitability of the investigator. To establish contact and mitigate the circumstances that prevent this, external factors are also important: the procedure for inviting for interrogation, the procedure for warning the interrogated person about criminal liability for refusing or evading testifying and for giving knowingly false testimony, the place of interrogation, the presence of extraneous irritants. The location of the investigative action is determined by the investigator, based on the specific circumstances of the case under investigation. When conducting interrogation at the place of residence, it is undesirable to do this in the apartment. It is important to deprive the interrogated of the psychological advantage that he experiences if the interrogation is conducted at his home. In order to establish mutual understanding between the investigator and the participants in the criminal process, it is important that the interrogation be conducted in private (unless otherwise provided by law). This has a deep psychological meaning. Contact during interrogation involves an element of trust. And where there are several people in the room, there can be no talk of it. In connection with the widespread use of audio recording in investigative practice as a means of fixing evidence, the question arises of how its use affects establishing contact with persons involved in the case. With the most positive attitude of the interrogated to the recording of the interrogation, it should still be recognized that the use of audio recording has a negative effect. Firstly, the recorder fetters the investigator: he cares more about the form and literacy of the questions, and not about the essence of the interrogation. A lively conversation, necessary for the day of establishing contact, does not work. Secondly, the knowledge that the entire course of the interrogation will be recorded on tape negatively affects the interrogated. In order to facilitate the establishment of psychological contact, it is desirable to entrust the investigation to an investigator who is a local resident and enjoys a good reputation, knows the language of the indigenous population or the same nationality as the interrogated. In some cases, it may be appropriate to transfer the case to another investigator. In the process of interrogation, the investigator sometimes has to deviate from a predetermined line of conduct due to the fact that the interrogated person is not yet ready to tell the truth. It is necessary to carry out preparatory work with him, because. it should be avoided that the interrogator says "no", because then it will be more difficult for him to say "yes". .3 Logical control of the interrogation process
Interrogation tactics are built taking into account the provisions of formal logic. In the course of its conduct, tactical techniques are widely used, which are based on logical categories: analysis, synthesis, comparison, generalization, analogy, etc. observed. This is justified, firstly, because with a free story fewer mistakes are made and it is more difficult to lie than when answering questions, memory reproduces events sequentially, easily and quickly. Therefore, it is not recommended to rush to put questions to the interrogated. Secondly, the investigator does not always know what information the person being interrogated has. The latter knows much more than what the investigator can ask him. In the process of free storytelling, one can obtain information about circumstances that the investigator had no idea about. In addition, the interrogated person, setting out the facts in the order in which he perceived them, will more easily remember small, but sometimes very important details for the case. If during the interrogation the investigator discovers that individual events are forgotten by the interrogated, then it is necessary to help him restore the forgotten facts, which is facilitated by the following tactics. Interrogation in different plans. The interrogated person is asked to tell about the event of interest to the investigation, to repeat the testimony in detail and consistently, to start from the middle of the stated fact, from the end of the event, or to recall only some of its episodes. The repetition of testimonies from various stages of the narrative is designed to ensure that the interrogated, straining his memory, will recall additional circumstances and clarify his original story when he repeats the story. Interrogation about the facts accompanying the crime. At the same time, a conversation is held with the interrogated about the circumstances, although not directly related to the case, but adjacent to it in time and place of the incident. Associations play a big role here: by similarity; by contiguity, when spatial and temporal relationships are established between objects, phenomena; in contrast - the recollection of some fact, an object that evokes the recollection of another fact or object that is distinguished by directly opposite features; cause-and-effect, in which facts and objects are remembered as consequences or, conversely, as causes of consequences. Presentation of physical evidence. The process of remembering is based not only on mental associations, but also on direct visual sensations, which largely revive the memory. The interrogated, having recognized the object that he saw at the time of the crime, will remember the details associated with it, and at the same time with this event. In this case, the interrogated person is assisted in restoring and reviving certain events in memory by re-perceiving them. However, the production of interrogation at the crime scene causes certain organizational difficulties. Conducting a confrontation. This contributes to the revival of memory, makes you remember the events associated with this person. When deciding on the procedure and conditions for holding a confrontation, measures should be taken to prevent the mental impact of its participants on each other, since instead of the expected positive result, the opposite may happen. Familiarization of the interrogated person with the testimony of other persons. Here the following rule must be observed: the interrogated person does not get acquainted with all the testimony of this or that person, but only with that part of them that will help revive his memory. For the same purpose, the interrogated person can be reminded of his previous testimony. But this should not take the form of a hint and is done only after he has given new evidence that contradicts the previous ones. Sometimes interrogators, in order to fill in the gaps in their memory, supplement the testimony on the basis of logic and imagination in accordance with their usual ideas about the normal course of things. It should also be borne in mind that the interrogated, not remembering the fact that the investigator asks him about, may give incorrect answers not out of a desire to deceive, but simply because he is unable to remember what he has forgotten. The witness gives the perceived events his moral assessment, subjectively colors them, which you can clearly see when interrogating several witnesses who observed the same event. Their testimony is always different in details. If there is evidence in the case, then the method of direct logical conviction in the futility of false testimony should be applied. To do this, the evidence is analyzed, a connection is established between them, and their significance for the case is determined. This type of reasoning is called logical reasoning. It is based on evidence, the facts are true, the logic is flawless, the conclusions are correct. The task of the investigator is to consistently present them. Evidence should preferably be presented as its incriminating power grows in order to gradually lead the interrogated person to the conclusion that it is necessary to give truthful testimony. The main purpose of material evidence during interrogation is the activation of associative links in a witness, victim, suspect or accused in order to better recall the circumstances under which testimony is given. It is more tactically difficult to conduct an interrogation when there are suspicions based on circumstantial evidence, there is some confidence in the guilt of the suspect, but there is no direct evidence that could be used to incriminate. Tactics based on logic here will be: a detailed interrogation followed by an analysis of the testimony to identify contradictions in them; repeated interrogation in a different sequence; indirect interrogation, setting counter and anticipatory questions. In group cases, good results are obtained by detailed interrogations with a comparison of the testimonies of the interrogated in order to identify and demonstrate contradictions in them. The interrogated person can be led to the idea that in giving truthful testimony, his accomplices can get ahead of him, and then he will appear before the court in an unfavorable light. This technique is effective, since each of the accomplices is afraid that the other will confess first or shift the blame on others. But, using this technique, one must speak of the actions of accomplices not as a fact, but only as a possibility of their behavior. Otherwise, this will be a deception, and the interrogated person may demand a confrontation with an accomplice or a protocol of his interrogation. Also, if there is not enough direct evidence, techniques can be used that allow the interrogated person to create certain ideas (for example, the belief that the investigator has enough evidence to completely expose him, leaving the interrogated person in the dark about the amount of evidence). In order to give the interrogated an exaggerated idea of the investigator's knowledge, information about the interrogated person's past and his behavior before being called for interrogation can be used. The investigator's awareness of these facts is logically extended by the interrogated person to the circumstances of the crime committed. Such tactical methods of interrogation as control, clarification, changing the pace of interrogation, waiting, and posing an unexpected question are also widely used. Chapter II. Psychological and tactical features of the interrogation of participants in the criminal process
.1 Examination of a witness
Preparation for the interrogation of a witness includes a thorough analysis of the case materials, understanding the specifics of this interrogation, collecting information about the identity of the witness, about his relationship to the accused, determining the time and place of interrogation, the method of calling, drawing up an interrogation plan, i.e. providing all the conditions necessary for its successful implementation. From among the identified witnesses, it is necessary to make right choice. It is important to tactically correctly determine the sequence of interrogation of witnesses. First, it is advisable to interrogate those of them who, due to favorable conditions for perceiving the event, life experience or professional training, can more fully tell about the facts of interest to the investigation. Witnesses, depending on whether they give truthful testimony or knowingly false, are usually divided into conscientious and unscrupulous. This division is conditional, because the same witness during interrogation can give truthful testimony on one fact, and false testimony on another. In addition, a conscientious witness may be mistaken and give evidence that does not correspond to reality. Involuntary errors are a frequent phenomenon and sometimes imperceptible to the witness himself. Tactical methods of interrogating a conscientious witness who sincerely wants to give truthful testimony are aimed at helping him tell as correctly and fully as possible what he personally observed or heard, and help him remember the forgotten. His testimony is checked and compared with those he gave earlier and with the information available in other materials of the case. Other tactics are chosen by the investigator to obtain truthful testimony from witnesses who give false testimony or do not want to give it at all. These techniques are aimed at exposing the perjurer. The investigator must establish the reasons for the lie and denial, expose such a witness in a lie, obtain from him full and objective evidence. If he refuses to testify, the investigator explains the harmfulness of such behavior both for himself and for the persons involved in the case, convinces him to give truthful testimony, explains that truthful testimony contributes to the clarification of circumstances and, together with other evidence, helps to establish the truth in the case. It is possible to overcome the silence of the witness and reveal the lie in his testimony by presenting him with the evidence collected in the case, including the reading out of the testimony of other persons, as well as by confronting the witnesses, the witness and the accused, who sincerely repented of his deed. If the witness does not testify because of fear of revenge on the part of the accused, his relatives, it is necessary to dispel these fears and take measures aimed at protecting the witness from outside influence and carrying out threats. .2 Interrogation of the victim
The testimonies of many victims are oversaturated with evaluative elements, while only factual information is of evidentiary value. The attitude of the victims to the establishment of the truth is also different. Along with the desire to contribute to the establishment of the truth, there may be other motives in the behavior of individual victims - from indifference to direct opposition to the investigation. When interacting with the victim, the investigator should take into account the negative emotional state of the latter, which arose as a result of the crime and its consequences. The mental states of the victim (especially when committing violent acts against him) should be attributed to extreme mental states (stress, affect, frustration), causing significant changes
its reflective-regulatory sphere. In conflict situations, the consciousness of the victim narrows, and his adaptive capabilities are limited. The traumatic impact of events leads to an exaggeration of time intervals by the victims (sometimes by 2-3 times). Rough physical influences, being superstrong irritants, cause disturbance of mental activity. However, this does not mean that the victims are only capable of disorienting the investigation. Many actions committed before the crime, in its preparatory stage, are imprinted in their memory. In many cases, the victims remember the signs and actions of the perpetrator. Victims of sexual violence have a feeling of depression, apathy, doom, aggravated by ideas about possible pregnancy and infection with venereal diseases. Often, the testimony of this category of victims is deliberately distorted in order to conceal unseemly acts. Many victims are characterized by a state of increased anxiety and, as a result, destabilization of personal mental activity, impaired social adaptation, and adequacy of behavior. Repeated appeal to affective circumstances can cause a tense mental state, an involuntary escape from psycho-traumatic circumstances. All this requires special sensitivity, tact and attentiveness on the part of the investigator. Often the victims have to participate in numerous interrogations and face-to-face confrontations, repeatedly go to the scene, identify the participants in the crime. Under these conditions, the victims may involuntarily form a mechanism of mental protection from repeated psycho-traumatic influences. The desire to leave the sphere of investigation can lead to hasty conformal testimony, agreement with the investigator's proposals. The possible impact on the victim by the accused and his relatives and friends should also be taken into account. Especially careful psychological analysis should be subjected to the request of the victim to terminate the case, which are often caused by mental pressure from interested parties. As a rule, the victim's mental tension, isolation, formality of speech constructions testify to the transition of the victim from truthful testimony to false. In these situations, the investigator must understand who and how could exert mental pressure on the victim, reproduce the possible course of reasoning of the interested parties, and show their inconsistency. In necessary cases, the investigator overcomes the negative mental impact on the suspect by interested parties, calling them for interrogation and warning about criminal liability for inciting the victim to give false testimony or forcing them to give false testimony. .3 Suspect interrogation
The suspect, detained in hot pursuit, is psychologically unprepared for interrogation. Often the suspect is interrogated immediately after the commission of the crime, when the line of conduct has not yet been thought out. The surprise factor during interrogation makes it impossible for him to come up with one version or another, to assess the value of the evidence available to the investigator. The suspect must be searched and interrogated here about the belonging of the things found with him, objects, the content of the records. The clarification of these circumstances contributes to the identification of the detainee, the disclosure of crimes that were not known. Before the interrogation, the investigator must clarify what facts it is not yet advisable to interrogate the suspect, about what details he should be temporarily left in the dark. In most cases, this contributes to the conviction of the interrogated in a lie. Leaving the suspect in the dark should not be confused with telling him some untruth. The investigator must try to evaluate the testimony of the suspect, to determine how true they are. As a rule, a person who is not involved in the crime not only gives detailed testimony on the circumstances that caused his detention and suspicions, but also indicates ways to verify them. The suspect involved in the crime, trying to evade responsibility, often refutes suspicions with the help of naive arguments or refuses to testify at all. The suspects are closely watching the investigator, trying to get information about the circumstances of the case, especially about the evidence against them. Some suspects try to unbalance the interrogator, provoke him into a harsh tone, knock him off the planned interrogation plan and force him to end the interrogation with a psychological breakdown. Sometimes experienced criminals prepare evidence of their alibis in advance in case of arrest. The suspect's alibi is checked in the following way. The suspect is interrogated in detail on the circumstances related to his alibi. If, despite a significant period of time separating the interrogation from the crime, he consistently and in detail describes what he did throughout the day when the crime was committed, this should alert the investigator. Only the brightest, most unusual ones are remembered. And since the crime committed by the suspect is an unusual activity, it is remembered exceptionally well. Given the desire of the suspect to keep in mind the circumstances of the crime and prepare an alibi, it becomes clear why he describes the events of that day so vividly. Also, to verify the testimony of the suspect, it can be recommended to conduct a series of repeated interrogations on circumstances related to the alibi, while changing the sequence in the presentation of the facts. Comparison of the testimony of the suspect will make it possible to identify inaccuracies and contradictions that expose him. If the suspect confessed to the crime and gave truthful testimony, he should be interrogated in the most detailed way so that these statements can be cross-checked and confirmed with other evidence. During the interrogation, attention is paid not only to what the suspect says, but also how he says it; connection between his words and actions. Experiences, worries, fear of exposure and punishment are also manifested outside. In particular, fear “dries up in the mouth”, with excitement, sweat is more abundantly released. Observing the behavior of the suspect during interrogation, you can see that the more he is touched by the subject of interrogation, the more nervous he is: he plays with a handkerchief, moves his arms and legs, constantly straightens his tie, nervously drums on the table, his facial expression often changes. The detection of such physiological signals of the psychological state of the suspect can be considered as indicators of interrogation tactics, but devoid of any probative value. This or that behavior of the suspect and the accused during interrogations, the tone of the answers, the demeanor, etc. cannot be considered as evidence of guilt, since they can also be caused by reasons not related to the event being investigated in the case. The interrogated person may express signs of anxiety, get lost, give confusing explanations, show uncertainty not because he is guilty of something, but from mental stress, the unusual situation, and finally, the fear that they will not believe him, they will not understand objectively everything that happened. To the same stimulus, different people will have a different reaction, purely individual. It all depends on personal properties, on temperament, on the state of nervous system, impressionability, interrogation environment, etc. But it is impossible not to take into account these mental signs of a person's condition. It is they that make it possible to establish at what point in the interrogation the suspect leaves calm, what causes his excitement, what is his energy and will of resistance at the moment. .4 Interrogation of the accused
In tactical terms, it is important for the investigator to obtain truthful testimony from the accused, for he is the richest source of information about the circumstances of the crime he committed. In addition, the admission of guilt by the accused is of great psychological importance - it discharges conflict situation the entire investigation. For the interrogation of the accused, the correct choice of the moment of its conduct, which is determined by the investigator depending on the circumstances of the case, is of great importance. The interrogation of the accused begins with the question of whether he pleads guilty to the charge. How he answers this question depends on the subsequent tactics of his interrogation. He can plead guilty in whole, in part or not at all, and finally change his testimony. Depending on the attitude towards the charge and the objectivity of the testimony, five main typical investigative situations are distinguished: a) the accused fully pleads guilty, sincerely and objectively telling about his deed, which corresponds to the materials collected in the case; b) the accused fully pleads guilty, but his testimony contains information that contradicts the materials of the case; c) the accused pleads partially guilty, and his testimony also contains information that contradicts the collected materials; d) the accused does not plead guilty, explaining the reason for this; e) the accused does not plead guilty and refuses to testify. In the event that the accused fully pleads guilty, the investigator finds out whether he confessed to small things in order to conceal a more serious crime. False guilty pleas can be a ploy by the defendant who hopes to avoid responsibility for a more serious crime. The truthful testimony of the accused should be supported by other evidence. There are several ways to do this. First, it is necessary to obtain evidence from the accused about facts that only the person who committed the crime can know. Secondly, his testimony must be recorded in the most detailed way, each circumstance must be checked with a control question: “How is this or that fact confirmed?” Thirdly, in order to check, confirm or refute the testimony of the accused, it is recommended to carry out other investigative actions arising from his testimony. The sharper the conflict between the investigator and the interrogated, the more difficult the interrogation, the more important it is to find out and eliminate the causes that caused the conflict. This allows you to mitigate or completely eliminate conflict tension. The interrogation of the accused, who does not give truthful testimony, is better to start with trifles, from afar, with a distracting conversation, ask him about his convictions, find out where he served his sentence, where he lived and worked. Importance to study the identity of the accused and establish contact with him, he acquires his interrogation on questions, the questionnaire part of the protocol. The accused should be allowed to speak to the end, without interrupting, and his testimony should be entered into the record as detailed as possible. In the course of the testimony, minor and important questions are asked, among them are those for which the correct answer is already known. When the protocol is signed and the accused finally entered into his role, thinking that he managed to deceive the investigator, it is necessary, after analyzing his testimony, to explain to the accused that the deception was discovered long ago and he was not interrupted only for tactical reasons. Sometimes during the interrogation one feels the inner uncertainty of the accused: the testimony does not have a strictly sustained plan, it is pronounced with a stutter; constantly monitors the reaction of the investigator to his testimony. If the investigator noticed this uncertainty, it is necessary to stop the attempt to tell a lie by exposing the interrogated person with the available evidence. But there are times when the accused, despite the fact that the falsity of his testimony is obvious, continues to dodge. And when the investigator exposes him with evidence, he partially admits his guilt, and then again denies everything. Finally, unable to bear the duel, he makes a "frank" confession and asks the investigator to allow him to write "the whole truth" himself. It turns out that all this was played out in order to mislead the investigator and present him with another lie in the form of a confession. Soon the investigator is convinced that he was deceived. In the event that the accused stubbornly refuses to give truthful testimony, it is more correct to choose the tactic of gradually presenting individual evidence in relation to him. Each such interrogation, although it does not reach the goal immediately, nevertheless has a certain influence on the accused. When the position of the accused is shaken, then all the available evidence known to him and new evidence can be presented to him in aggregate. The accused, who gives false testimony, after interrogation, shows confusion and all the time returns to the idea that his denial is meaningless, that he has been convicted and no longer has the strength to continue to lock himself up. The transformation of the interrogated person's negative position into a positive one is a complex psychological process: first, general nervousness and uncertainty, then, a cautious attempt to tell the truth. As a rule, thinking about whether to tell the truth or whether it is better to continue to persevere leads to an internal struggle. Interrogation for the accused is a difficult, vital situation that causes anxiety, anxiety, confusion, emotional tension, mental alertness. Only a few have the strength and self-control not to show what kind of internal struggle of positive and negative motives is going on in them. And the task of the investigator is to contribute to the victory of positive motives, to obtain truthful testimony. The path to confession should be made as easy as possible for the accused, because it is difficult for any person to confess to a lie. Perhaps, instead of a direct question to the accused about how he committed this crime, another one should be asked: why did he do it? Outwardly, this looks like a leading question, but in reality it is just a way of asking a question. Often, after such a question, the accused asks to postpone the interrogation to the next day or defiantly refuses to testify. In the latter case, the interrogation should be interrupted, giving the accused the opportunity to weigh all the evidence that will convince him of the need to tell the truth. If the accused, in order to gain time, asks to postpone the interrogation, “let him think”, promises to tell the truth tomorrow, it is inappropriate to interrupt the interrogation. Postponing the interrogation the next day means letting the accused cool down, he will weigh all the pros and cons and prepare for interrogation, taking into account the evidence in the case. The accused, who does not admit his guilt, should be explained to what consequences this denial can lead. For example, if the stolen material values are not returned, his property will be described, and a civil suit will be brought against him. In some cases, this may induce the accused to testify truthfully. It is also possible to expose a person who has entered into an acute conflict with the investigator by conducting face-to-face confrontations. A positive psychological effect on the interrogated person is exerted by a series of techniques that act with increasing force. This leads him to the idea that he is completely exposed and the position of denying the established facts should be changed. Sometimes the accused, not wanting to admit that he has been exposed, does not give truthful testimony at a confrontation, although he is already psychologically ready for this. In such cases, after the confrontation, he should be interrogated again. In the absence of another participant in the confrontation, the interrogated person may give truthful testimony. Interrogation tactics are largely determined by the personality of the person being interrogated, the characteristics of a particular crime. Methods for implementing tactical interrogation techniques are the same, regardless of the type of crime under investigation. But, of course, their sides are different, i.e. questions being clarified, the range of interrogated persons, taking into account their role in the case, etc., and this is the specificity of the use of interrogation tactics in the investigation of certain types of crimes. The psychology of interaction between the investigator and the accused is also determined by those general characterological features that are inherent in persons who commit certain types of crimes. The investigator must take into account that, for example, rapists, as a rule, are distinguished by extreme egoism, primitive anarchist aspirations, an inability for emotional sympathy, cruelty and aggressiveness. A tough stance is needed against those accused of malicious murder. Interacting with the so-called "accidental" killers, the investigator must take into account the unfavorable everyday circumstances in their lives. Interacting with persons prosecuted on charges of rape, the investigator must keep in mind such mental characteristics as shamelessness, extreme vulgarity, unbridled sensuality, immorality. Certain general psychological characteristics are also inherent in persons accused of acquisitive and violent crimes. So, robberies and robberies are committed, as a rule, by persons with an extreme anti-social and anti-legal orientation. They are characterized by deep immorality, drunkenness. Along with this, in many cases they are distinguished by increased self-control, the ability to sustain tactical countermeasures. 2.5
Interrogation of juvenile participants in investigative actions
The investigator's knowledge of the general principles of the formation and development of the personality of juvenile suspects and defendants contributes to the choice of interrogation tactics, the establishment of psychological contact, and the provision of educational influence in order to prevent crime. Even at the stage of preparation for interrogation, the investigator must make efforts to reveal the intentions of the minor during the interrogation - whether he will be sincere or not. For these purposes, the program for determining the intentions of a minor suspect, accused during the performance of this investigative action, was adapted to the interrogation of juvenile suspects, accused, including two interconnected interviews-surveys conducted before the interrogation, during which the diagnosis of the minor's involvement in the crime is consistently carried out. Predicting the behavior of a minor suspect, the accused during the upcoming interrogation, the investigator must also plan his own behavior, based on the ability of a teenager to reflective reasoning, which, due to age characteristics and the unformed intellectual sphere, cannot go beyond the first rank of reflective reasoning - “I think that he thinks", and in some cases are limited to the analysis of their own feelings, emotions, experiences. Article 425 of the Criminal Procedure Code of the Russian Federation provides for the mandatory participation of a teacher or psychologist in an interrogation. However, the law does not indicate in which cases a teacher is involved in the interrogation of a minor, and in which - a psychologist. The decision on this is made by the investigator, but taking into account a complex of factors. In our opinion, if a child studies in a specialized school and suffers from any disorders, then it is necessary to involve in the interrogation a teacher who has experience in teaching and educating adolescents with precisely those forms of disorders that the child being interrogated suffers from. If there is no such information about the teenager being interrogated, then the greatest effect will be achieved by involving in the interrogation a psychologist with special knowledge in the field of child, adolescent and youth psychology, who has practical experience work with minors of the same age as the person being interrogated. V ideal the school psychologist and the educator who knows the teenager must be present at the interrogation together. The combination of psychological and pedagogical knowledge used during interrogation will allow this investigative action to be carried out without unnecessary negative impact and trauma to the psyche of a teenager. The investigator must also decide which teacher, acquaintance or stranger of the interrogated, should be invited to participate in the interrogation. Before the beginning of the interrogation, it is desirable to find out the opinion of the interrogated himself, in the presence of someone - a woman or a man, an acquaintance or a stranger - he prefers to testify. This approach satisfies the teenager's claims to adulthood, he realizes that his opinion is taken into account. Such an attitude of the investigator contributes to the establishment of psychological contact, the productivity of the upcoming interrogation, and the elimination of reasons for opposing oneself to the investigator. The correct determination of the place and time of the interrogation of a minor suspect, the accused contributes to the establishment of a trusting relationship with the investigator and, as a result, obtaining truthful testimony. If during interrogation a situation arises when neither the investigator nor the psychologist or teacher involved in the interrogation can destroy the distrust, indifference and suspicion of a teenager, then we can talk about the emergence psychological barrier, which can be neutralized by the accumulation of consents; demonstrating commonality of views, assessments, interests on certain issues; psychological stroking. To establish and maintain psychological contact with a juvenile suspect or accused during interrogation, the investigator can use the following techniques: creating initial favorable psychological conditions for solving the problems of interrogation; self-presentation of the personality of the investigator, a fair, friendly attitude towards a teenager, refusal to demonstrate his superiority; studying the personality of a teenager, his psychological characteristics and mental states; presumption of trust; subordination of communication to the solution of the problems of legal education; demonstration of the sincerity of the investigator; search for points of agreement in the problem being solved; joint search for a mutually acceptable solution to the problem; actualization of motives of sincerity. Conclusion
Thus, psychological contact is an integral component of any investigative action associated with the processes of professional communication. Forms of interpersonal interaction in these conditions can be very different: from deep conflict to complete mutual understanding with the coincidence of goals. However, the presence of feedback in the processes of communication with a participant in an investigative action indicates the presence of contact (communication evoked and corrected through feedback channels). Psychological contact as a method synthesizes a complex set of methods that were previously discussed. The number of methods, their scope, goals, instrumental qualities in each individual case, taking into account the investigative situation, the personalities of the investigator and the participant in the investigative action. The content of the method of psychological contact in different situations may be different in system and structure. This allows us to conclude that this method is flexible and has a high tactical potential. The state must now provide support to investigators, since they, along with a number of other public servants, work on behalf of the state, are endowed with certain powers and come into contact with persons who have broken the law, one of the first. The stability of the investigative apparatus of law enforcement agencies, in addition to their certain material and other interests, requires psychological support from the State. It is necessary to raise the authority at the state level investigators, to ensure their professional integrity at the proper level, as a result of which it is extremely necessary to create a law on the status of investigators along with the adopted law on the status of judges. Bibliographic list
1. Criminal Procedure Code of the Russian Federation (CPC RF) 2. Aminov I.I. Legal Psychology: tutorial for students. - M.: UNITY-DANA, 2008.-271s. Vasiliev V.L. Legal psychology: A textbook for universities. - St. Petersburg: Peter, 2008. -608s. Enikeev M.I. Legal psychology: A textbook for universities. - M.: Norma, 2008.- 512s. 5. Applied legal psychology, ed. A.M. Stolyarenko. M.: 2004.- 473s. 6. Ratinov A.R. Forensic psychology for investigators. - M.: Yurlitinform, 2001. - 352p. Romanov V.V. Legal psychology: A textbook for universities. - M.: 2010.-525s. Smirnov V.N. Legal psychology: A textbook for universities. - M.: 2010.-319s.
Investigating a crime, the detective has to ask very delicate questions concerning purely personal problems, which the interlocutor does not always want to talk about even with close friends. This is especially true for obtaining information from victims in cases of violent assault. To obtain this kind of information, it is necessary that between the detective and the interrogated person trusting relationship so that the latter, feeling benevolence, understanding, desire to help, wants to open up to him. In this respect, the task of the detective is analogous to that of the clinical psychologist, who must first establish "personal connections" with the client and only then try to "penetrate" his intimate experiences. An important difference is that the detective has limited opportunities for meetings and conversations with his "client", while the course of psychotherapy can stretch for weeks and even months. Unfortunately, the detective cannot use the clinician's methods because he does not have enough time for this. He is forced to be content with the most accessible. At the same time, it is very important to avoid mistakes leading to the fact that the interviewee "closes" from the very beginning of the conversation. To prevent this danger from becoming a reality, it is necessary to be guided by two principles:
- Personalize the interrogation, i.e. give it the character of communication between two nice people to each other.
- Show signs of sympathy, empathy for the interrogated, try to "put yourself in the place of the interrogated", understand his worries and anxieties.
Interview personalization
One of the obstacles to obtaining complete and reliable information is the "impersonality" of the police investigation: the detective and the witness (victim) each play their own stereotypical role. The detective, in the view of the interrogated, is a "cog" of the police car, doing its part of the job. For the detective, the victim (burglary, assault, rape) is only
one of the many typical victims of crimes of this kind, the investigation of which he has to deal with every day. Both the interrogated and the detective see in each other not a specific person, not a personality, but a "role function", and this, of course, does not contribute to the productivity of communication.
One of the prerequisites for effective interrogation is its personalization. The detective must see in the person being interrogated a specific person, with his worries and experiences, and himself, in turn, introduce himself as an identifiable person, and not just as the personification of an official organization.
The easiest way to personalize is to call the interviewee by name (children, young people), by name and patronymic (older people), i.e. as the interrogated himself, introducing himself, called himself. You can simply ask the interrogated: how best to contact him.
Another way to personalize interrogation is to develop active listening skills in the detective. It is important for him to force himself to listen carefully to the person being interrogated and to show signs of interest in the information he provides. One way to achieve this goal is to periodically repeat the last phrase of the interrogator, commenting on it or asking a question. So, if the interrogated woman showed that she was frightened when she saw that the criminal took out a gun, then after this phrase the detective can say: “You say that you were scared when you saw that the criminal took out a gun. This is really scary. can you remember this scene? Thus, the detective shows the interrogated that he is attentively listening to her story.
Active listening requires concentration. Therefore, before proceeding with the interrogation, it is necessary to eliminate all possible interference. The detective should not be distracted by any other thoughts in order to "listen effectively".
In preparation for the interrogation, the detective can familiarize himself with the protocol, with the results of an interview conducted earlier by another detective, in a word, learn about some of the circumstances of the case. This information is definitely helpful. However, it does not eliminate the need to carefully listen to the entire story of the interrogated, perceiving his testimony without prejudice.
Carrying out such a routine procedure as interrogation, detectives often use various speech stamps. Bureaucratic turns of phrase depersonalize interrogation and should be avoided.
In order for the respondent to see in the detective not just a representative of authority, but a specific, pleasant, benevolent person, the detective must introduce himself as such, for example, before starting the interview, some information about himself. Such information will facilitate the establishment of contact with the interrogated person. (For example, if the detective knows that the interviewee has a child, he can say that he also has a child of about the same age.)
When conducting any interrogation or interview, it is necessary to collect some information about the person being interrogated (age, marital status, place of work, education, etc.). The detective needs to be brought to the attention of the interrogated that he does this not on his own initiative, but "due to operational necessity": "this is a standard procedure, this information is collected during the investigation of any case." Thus, the detective, as it were, delimits himself from the bureaucratic machine of investigation.
In the process of verbal communication, an important role is played by the psychological side of the interaction of the two main participants - the speaker and the listener. The general psychological atmosphere, personality traits of the teacher, on the one hand, and the class, on the other, all determine the results of communication.
Communicative situation (communication situation). It is characterized by the presence of a certain structure. The main elements that form such a structure are the speaker, the listener (audience), the subject of speech, the language (means of communication), the text (encoded information), and the perception of information.
The essence of the scheme of the communicative situation is as follows. The subject of speech is perceived by the speaker as some kind of objectively existing reality. In the mind of the speaker, an idea of the subject of speech is formed, which is expressed through language and finds material consolidation in the text (oral or written). The text is perceived and deciphered by the listener, in whose mind, in turn, an idea of the subject of speech is formed, mediated, on the one hand, by his own experience, and on the other hand, by the information contained in the speaker's speech.
The presence of a large number of elements of a communicative situation, the complex, indirect nature of their interaction lead to the fact that mutual understanding and communication between the speaker and the audience are not established by themselves, but require special skills.
Characteristics of the speaker. The speaker is subject to both intellectual (mind, erudition) and psychological requirements: extraversion, or openness (appeal to other people, that is, such a personality trait that makes it easy to establish contact with other people), balance, confidence, mobility of character , sense of humor and self-irony.
Along with these, special speech qualities also play an important role: speech skills (technical and linguistic), understanding of tasks and the specifics of speech. All these qualities at the moment of speech find expression in psychological attitude- the orientation of the speaker to communicate with the audience, to convince the listeners. The main components of the installation are: solid knowledge of the subject of speech, a clear statement of the purpose of the speech, the desire to communicate and arouse the interest of the audience.
From the point of view of the audience, the speaker is characterized by such a quality as credit, i.e., the degree of trust of the listeners. The higher the credit, the easier it is to establish contact, the more effective the persuasion.
There are the following ways to increase credit:
- the speaker expresses at the beginning of his speech judgments that are close to this audience, even if they have nothing to do with the subject of the upcoming message;
- at the beginning of the conversation, views are expressed that allegedly contradict the interests of the speaker;
- the source of information is not called at the beginning of the speech, but after the proof.
characteristics of the audience. The audience is a group of people united by a common activity - listening and speech perception. A group of people turns into an audience through a process of polarization that occurs as a result of the action of the attitude to receive information, as well as focusing on the speaker.
The effectiveness of the assimilation of the material is determined by the composition of the audience, its educational level, and the mood for contact. It has been established that perception is the most complete if the listeners take an active part in the perception of information (they ask questions, make an attempt to find solutions to the problems formulated by the speaker).
The quantitative composition of the audience has some influence on the assimilation of the material, since in large groups of listeners it is more difficult to achieve unity of attitude and personal contact with the speaker.
The placement of the audience is also important. For large audiences, it is advisable to arrange listeners in rows, which allows you to limit interpersonal contacts and thereby simplify polarization. Another way is a “round table”, when the listeners are seated around the perimeter of the room. Then everyone present is included in the general conversation. Such placement is especially effective for small groups and when the active participation of the audience in the perception of information, its discussion and the development of a single decision is required.
Interference that disrupts communication and their elimination. Disruption of communication may be due to the peculiarities of perception, understanding and memorization of information.
The main types of interference:
- the inertia of the listener's involvement in the circle of his problems;
- high speed of mental activity, which leaves a significant part of attention free in the perception of speech;
- instability of attention that occurs due to the relative short duration of concentration, after which its natural weakening occurs, and therefore the speaker must take into account that during a long speech there may be failures in the attention of the audience (for such cases, it should be possible to switch using a joke, talking to another topic, change of activity);
- antipathy to other people's thoughts, arising because the system of views of each person is in a certain balance, therefore, any information that violates this balance will be rejected. Rejection is the stronger, the farther the speaker is in his opinion from the audience, so you should not oppose yourself to the listeners at the beginning, it is preferable to present some problematic situation that will cause an information imbalance. The message that follows, if directed at correcting such an imbalance, will be best received.
The theory of the lazy recipient has been formulated in the scientific literature, which explains the low level of assimilation of information by the unwillingness to perform mental work to verify the conclusions contained in the speech. The effect of a lazy recipient is due to the low level of development of listeners.
Sometimes, however, it is also observed in an intellectual audience, if the speaker's credit is very high. In such cases, the listeners completely trust the speaker, refusing to critically evaluate the facts presented. So, for successful communication, it is necessary to influence the audience in a special way.
Exists the following ways organizations of listeners: contagion - transmission of psychological mood; imitation - repetition of a pattern of behavior; suggestion - uncritical, unsubstantiated perception of the material; persuasion is the logically justified introduction of information. The latter method is the most difficult, since it requires a skillful presentation of facts and active mental activity in their perception. At the same time, this is the most effective way if deep and lasting assimilation is required. Other modes may, if necessary, be combined with persuasion, but should not become predominant in the practice of the speaker.
Techniques for organizing and maintaining attention. To maintain and enhance the attention of listeners, it is recommended to use various methods of preliminary contact, compositional techniques for constructing statements, dramatization (dialogization) of speech, pauses-discharges, intonational richness of speech, a variety of tonal patterns of a phrase, emotional richness of speech.
Contact preset. It is carried out by a series of operations sequentially performed by the speaker. Firstly, with the help of a preliminary pause before the start of the speech, polarization is performed, the attention of the listeners is focused on the speaker, personal contact is established between him and the audience. Secondly, during the pronunciation of the first phrases, which contain greetings and other formulas of speech etiquette, indicating the nature of the upcoming speech, the initial visual contact continues to be established and consolidated. An even, calm, friendly tone is extremely important.
The first phrases are not spoken too loudly to cover the noise of the audience, which should calm down and listen to the speaker. Because of this, one should not immediately touch on the essence of the issue under consideration. It is also not recommended to start the speech with self-deprecation, recognition of one's own incompetence, unpreparedness. This drastically undermines the speaker's credibility.
Compositional techniques for constructing statements. Such techniques help to keep the attention of listeners, provide the most effective understanding. Psychologists distinguish three ways of constructing a message: with a climactic order (the most important arguments are contained at the end of the speech); with an anti-climactic order (the speech begins immediately with the most compelling arguments); with a pyramidal order (the most important information is in the middle of the speech).
The choice of how to build a particular message depends on the characteristics of the audience. If the listeners are not interested in the subject of the message, then it is more effective to apply the anti-climactic order. Conversely, when the audience is interested in the information, the climactic order of the message is applied so that the weakening of the argument does not disappoint the listeners.
It is also important to carry out a clear grouping of the material, point out the main stages, questions, points of the speech, and throughout it constantly note in which place, which item you are considering. This will help eliminate the negative aspects of the linear perception of oral speech. Written speech we perceive not only linearly. Any passage can be constantly correlated with the entire text and its individual parts.
The linear nature of the perception of oral speech, the inability to go back or run ahead, evaluate the compositional parts, paragraphs, etc., lead to difficulty in understanding. That is why it is important that the speaker always gives the listeners an idea of his speech as a compositional whole.
When constructing a message, it is also necessary to resolve the issue of including the arguments of the opposite side in it. The use of materials of this kind is preferable in a speech to a prepared, highly intelligent audience that does not like ready-made conclusions. Including opposing arguments is also advantageous if listeners are known to disagree with the speaker and if the audience will be exposed to opposing information.
Studies have shown that the presentation of opposing points of view in groups with a low intellectual level turned out to be ineffective. The report should contain clearly formulated conclusions only if the listeners, after the evidence presented, are not able to do this on their own. An intelligent and well-prepared audience may perceive explicitly formulated conclusions as an attempt to impose an opinion on the part of the speaker.
The following compositional techniques are also used: announcing, delaying the presentation, and an unexpected break.
Dramatization (dialogization) of speech(transformation of monologic speech into dialogic). Dramatization can be external and internal. External is to organize a dialogue between the audience and the speaker in the form of questions and answers. However, it is often not always feasible.
Internal dramatization is such a construction of the speaker's monologue speech, which implies:
- a certain approach to the selection of material and speech composition at the stage of preparing a speech, which involves taking into account the characteristics of the audience;
- anticipation possible questions listeners by clarifying what is incomprehensible to them;
- using different formulas for including the audience in the dialogue: “As you probably know”, “You might ask”, “You were surprised to hear these words”, etc.
Pauses-discharges. The concentration of attention lasts a limited time, after which its natural weakening occurs and, as a result, the loss of polarization. There is a switch of attention, so the speaker must anticipate this moment and take a break in the presentation of the main content.
This pause should be filled with some examples that illustrate the main content and at the same time very expressive, exciting; whether a joke that is appropriate in this situation, or just an extraneous conversation that allows you to distract the attention of listeners for a short time (the latter technique is used with caution so as not to lose the main thread of the conversation).
History of sky lanterns
Job description: concept, purpose, structure, procedure for compiling and formalizing Purpose and content of job descriptions for managers
Interview questions What job are you going to work on?
What to do if the boss criticizes all the time If the boss does nothing
How to understand: will the kitten be fluffy?