The purpose psychological contact with the interrogated is to create an atmosphere of interrogation, in which the interrogated person is imbued with respect for the investigator, the tasks facing the latter. When an investigator tries to catch a suspect accused in a trap, when the latter gives false testimony, they undermine the credibility of the investigator, which subsequently contributes to the emergence of conflicts during interrogation.
As a result of studying the personality of the suspect, the accused, it is possible to suggest his line of defense during the interrogation and on the basis of which to assume the use of the most appropriate tactics of interrogation and the use of psychological techniques.
The ability to use dialogue to search for and establish the truth can be considered a sign of a high culture of investigation. When using dialogues, the investigator, along with personal experience, must be guided by knowledge of psychology, legislation, and the ability to act in accordance with procedural law.
Psychological contact is essential element relationships in society. Psychological contact occurs when it is necessary to implement joint activities or in the course of 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, up to a certain point, conceals his knowledge of the case. Other features of psychological contact are the need for this communication for one of the participants; mismatch in most cases of their interests; the complexity of the subsequent establishment of contact, if such was not achieved at the initial stage of communication; active work of the investigator to establish and maintain contact.
The contact during the interrogation of the suspect, the accused is determined by the psychological relationship that arises between the investigator and the suspect or the accused. Establishment of contact is ensured by the correctly chosen tactics of interrogation, which is based on the study of the individual characteristics of the person, the materials of the criminal case under investigation, as well as the communicative abilities of the investigator. In the course of the interrogation, the investigator must eliminate from communication conflict, a favorable atmosphere during the interrogation and establish psychological contact with the interrogated, create. Establishing psychological contact with the interrogated is one of the main conditions for obtaining truthful testimony, reaching the truth in the case. He 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 11 G.A. Zorin. Psychological contact during interrogation - Gordno, M., 1986 ..
One of the important features of maintaining psychological contact at the end of the interrogation is that the psychological contact should not end with the interrogation. It is important to maintain psychological contact for additional interrogations and other investigative actions carried out with the participation of the interrogated person. It often happens that the nature of the relationship that has developed with the investigator is transferred by the interrogated to other persons participating in the administration of justice 11 Porubov N.I., Tactics of interrogation during the preliminary investigation, M., 1998 ..
One of the problems of interrogation is the problem of relations that arise during interrogation between the suspect, the accused and the investigator, which to a certain extent affect the resolution of the interrogation goals by the investigators. The correct resolution of this problem depends largely on the level of knowledge, professional experience and skills of the investigator. The nature of the relationship between the investigator and the accused affects the results of the interrogation, largely determines its success or failure. Investigative practice knows many cases when the accused hides his involvement in a crime only because he does not trust the investigator, treats him with hostility or even hostility. The main psychological tasks of interrogation are:
- - diagnostics of the truth of the readings;
- - provision of lawful mental influence in order to obtain reliable testimony;
- - exposure of false testimony.
To obtain reliable testimony from a suspect, an accused, the investigator must take into account the psychological process of forming testimony. The initial stage in the formation of these indications is the suspect's perception of certain events. Perceiving objects and phenomena, a person comprehends and evaluates these phenomena, shows certain attitudes towards them.
When interrogating a suspect, the investigator must separate objective facts from subjective layers. It is necessary to find out the conditions in which the perception of the incident took place (illumination, duration, distance, meteorological conditions, etc.). It should be borne in mind that people are often not able to accurately assess the number of perceived objects, the distance between them, their spatial relationship and size.
The success of the interrogation depends on how fully the investigator takes into account and uses the personality characteristics of the interrogated during interrogation. Without such consideration, it is impossible to establish psychological contact.
For many, interrogation seems to be a struggle between the investigator and the interrogated. An experienced investigator during interrogation does the following: is purposeful, but affects the personality of the interrogated within the framework of the law. He knows how to choose the only key that opens the intimate world of a person, his soul. One of the leading characteristics of this process is the regularity of its dynamics, the establishment of successive stages, the identification of the characteristics of each of these stages, the disclosure of external and internal (psychological) factors that determine the characteristics of each of the stages.
The first part of the interrogation is introductory, here the investigator receives personal data from the interrogated. But this is only the outer side. The subtext of this part, its internal content is the definition by both interlocutors of the line of their further behavior in relation to each other.
The second stage of interrogation is the stage of transition to psychological contact. Usually, at this stage, questions that are insignificant to the merits of the matter are asked. It is about labor and life path the interrogated, perhaps even about the weather, about the prospects for the harvest, etc. But the main task of this part is to establish contact between the investigator and the interrogated. At this stage, such general parameters of the conversation are determined as its pace, rhythm, level of tension, the main states of the interlocutors and the main arguments with which they will convince each other that they are right.
The third part. It is here that the investigator organizes the receipt from the interrogated of the basic information necessary for the investigation and disclosure of the crime. With a properly organized interrogation, thanks to techniques based on a deeply individual approach to the personality of the interrogated, the investigator manages to solve this main problem.
In the fourth part of the interrogation, the investigator compares the information received with the information already available in the case. Then he proceeds to eliminate all ambiguities and inaccuracies.
This is followed by the final part of the interrogation, during which the investigator different ways(manuscript, typescript, tape recording, transcript) records the information obtained as a result of interrogation and presents this information already in writing to the interrogated, who, having confirmed the correctness of what was recorded in the protocol, signs it.
The suspect and the accused do not necessarily have to be criminals. Therefore, when deciding the main question in the case, whether a crime was committed by a given person, one must clearly understand his psychology. A suspect detained in accordance with the procedure established by Article 91 of the Code of Criminal Procedure of the Russian Federation must be interrogated no later than 24 hours from the moment of his actual arrest. He has the right to use the help of a defense lawyer from the moment provided for in paragraphs 2 and 3 of part three of Article 49 of the Criminal Procedure Code of the Russian Federation, and to have a meeting with him in private and confidentially until the first interrogation of the suspect.
The fact of criminal prosecution in this case and, therefore, the accusatory activity directed against a specific person can be confirmed in this case by an act of initiation against of this person a criminal case, conducting investigative actions against him (search, identification, interrogation, etc.) and other measures taken in order to expose him or indicating the existence of suspicions against him. In particular, an explanation in accordance with Article 51 (part 1) of the Constitution of the Russian Federation of the right not to testify against oneself.
The investigator, when interrogating a suspect, takes into account the qualities of a person's personality. They consist in the fact that the data on the identity of the suspect, which the investigator has, is usually limited. In addition, the investigator does not yet have convincing evidence during the interrogation of the suspect, as during the interrogation of the accused. It is known that any person has positive qualities, even those who have committed a serious crime and armed with a lie. The fact that the investigator noticed these positive aspects of the suspect increases the latter's sense of his own worth and helps to establish psychological contact with him.
During interrogation, information is exchanged between the investigator and the suspect, in which two aspects can be distinguished: verbal exchange of information and obtaining information about the state of the suspect and even about the direction of his thoughts - by observing his behavior (gestures, facial expressions, micromovements of limbs, etc.) .) 11 Pease A. Body language. How to read other people's thoughts by their gestures. M., 1992.
Let's consider some of the psychological patterns of human facial expressions. This is its outstanding value as an objective factor in the external expression of personality. During the investigation, cognition of the voluntary and involuntary components of facial expressions becomes especially important. Such components, not submitting to volitional control, seem to open the soul of a person to the interlocutor.
The investigator must be able to organize his mental state. A good investigator, possessing the skills to control his volitional and emotional spheres, is able to control the emotions of a suspect within the framework of the law: at the initial stage of interrogation, using subtle professional techniques to extinguish outbursts of hatred, evil, and despair. The depth of contact is usually related to the level at which it is made. Experienced investigators change various parameters of the conversation, apply certain tactics depending on the individual characteristics of the suspect's personality.
There are many ways by which psychological contact can be achieved, but they all obey the following general laws: when examining the personality of the suspect, the investigator must plan to appeal to its best sides, that is, to the socially positive role positions of the given personality. It is unacceptable from the ethical and tactical point of view, the use by the investigator in interrogation negative sides his personality, even if the investigator knows them well.
The investigator interrogates the accused immediately after the charge has been brought against him in compliance with the requirements of paragraph 9 of part four of Article 47 and part three of Article 50 of the Code of Criminal Procedure of the Russian Federation. At the beginning of the interrogation, the investigator asks the accused whether he pleads guilty, whether he wants to testify on the merits of the charge brought and in what language. If the accused refuses to testify, the investigator makes an appropriate entry in the protocol of his interrogation. Re-interrogation of the accused on the same charge, in the event of his refusal to testify at the first interrogation, may be carried out only at the request of the accused himself. The protocol of the interrogation of the accused (Article 174 of the Code of Criminal Procedure of the Russian Federation), drawn up by the investigator during each interrogation, also in compliance with general requirements drawing up a protocol defined in article 190 of the Criminal Procedure Code of the Russian Federation. Accordingly, the current Criminal Procedure Code of the Russian Federation establishes the right of the accused to have meetings with the defense lawyer in private and confidentially, including before the first interrogation, of the accused, without limiting their number and duration. So, a defense attorney participating in the production of an investigative action, as part of the provision of legal aid his client has the right to give him, in the presence of the investigator, brief consultations, ask questions of the interrogated persons with the permission of the investigator, make written comments about the correctness and completeness of the records in the protocol of this investigative action. The investigator can deflect the questions of the defense lawyer, but is obliged to enter the reserved questions in the protocol.
It may be more difficult to establish contact with an accused who is inclined to give deliberately false testimony, and, moreover, has been previously convicted. Sometimes in a similar conflict situation contact cannot be established. The interrogation takes on the character of confrontation, and in such conditions the psychological task of the investigator is to instill in the accused respect for his opponent, a sense of hopelessness to deceive the investigation. This is already the first step towards establishing contact and encouraging the accused to give truthful testimony.
Interrogation of an accused who pleads guilty in full is usually non-contentious. A person who deeply regrets a crime he has committed, long before interrogation, experiences remorse, a feeling of shame, and regret for what he has done. Such an accused, seeing in the investigator a person who empathizes with him, who wants to objectively understand what happened, is imbued with confidence in the investigator and his explanation that a frank confession of his guilt and giving truthful testimony will be a mitigating circumstance. This position of the accused, of course, is the basis for establishing contact between the investigator and the interrogated.
Methods of lawful mental influence - methods of overcoming opposition to the investigation. Disclosure of the meaning and significance of the information available, the senselessness and absurdity of false testimony, the futility of the denial position is the basis of the investigator's strategy in a situation of opposition to the investigation.
The implementation of this strategy requires high information acumen, flexibility, and the ability to use the information obtained to develop the investigation process.
One of the main means of mental influence is the question of the investigator. The question can be put in such a way as to limit the amount of information for the interrogated person or to intensify his anticipatory activity. The accused (suspect) always knows what is incriminating him and feels the extent to which the investigator's question is approaching incriminating circumstances. He analyzes not only what is being asked, but also what is being asked for. The investigator's questions must be well-founded, not traps. The investigator must make extensive use of counteracting questions, i.e. such questions that parry the previous answers, reveal their inconsistency, express a negative attitude towards them on the part of the investigator, counteract the false attitudes of the interrogated. These replica questions demonstrate the investigator's informational awareness of the episode under investigation, warns of the impossibility of misleading the investigation.
The alleged conflict-free situation of interrogation arises in the case of self-incrimination of the accused. The likelihood of self-incrimination increases if the accused is distinguished by increased suggestibility, susceptibility to external influences, inability to defend his position, weak will, a tendency to develop depression, apathy, and insufficient endurance to mental stress.
It is known that the most typical motives for self-incrimination are the desire to save the real culprit from punishment. Such a motive is formed under the influence of family or friendly feelings, or is dictated by certain group interests (as is sometimes the case among recidivist criminals), or is achieved by threats and the influence of interested persons in relation to those who are in any way dependent on them (a minor, etc.). P.). It cannot be ruled out that the accused slander himself out of fear of disclosing any incriminating information or out of the desire to receive a certain material benefit from the persons concerned.
Practice shows that in crimes committed by a group, the accused treats the accomplices differently. If he owes a lot to someone, then he tries to hide the involvement of this person in the crime, hoping for his help and support. Much more often, the system of psychological relations in a criminal group is built on submission to force, fear, and other base motives and instincts. Therefore, in the course of the investigation, when the members of the criminal group are isolated from each other, the relationships built on this basis fall apart. The accused has a growing dislike for the persons who dragged him into a criminal group, through whose fault he was brought to criminal responsibility. The investigator has the right to use such a psychological state of the accused, to reveal to him the system of relations that existed in the criminal group, to show what the false sense of camaraderie among criminals is based on, and to use this knowledge to choose the most effective tactical methods of interrogation. However, one should remember about the need to be very careful in their choice, taking into account the psychological relationships of the members of the criminal group, since methods based on the use, incitement of base feelings and motives are unacceptable.
Thus, interrogation is a struggle for the truth. The investigator is given strength in this struggle by various scientific knowledge, and one of the first places among them is psychology.
The nature of human relations dictates a variety of psychological contacts, the content of which in the process of investigation leads to "domination - subordination" 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
Psychological contact of the investigator with the suspect, the accused, the witness, the victim - ϶ᴛᴏ a specific form of relationship between the state representative charged 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, on the scientific provisions of forensic science, forensic psychology, logic and 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 “an agreed business relationship between an investigator and a witness, victim, suspect or accused, which arises on the basis of the correct position of the investigator and the behavior of the interrogated, whether or not contradicting the tasks of criminal proceedings”) is defined by G. G. Dospulov ... A. N.'s position echoes with him. Do not forget that Vasiliev, who narrated that “the psychological contact of the investigator with other participants in the investigative actions consists in establishing relations characterized by the exact and conscientious implementation of all the participants (including the investigator). 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 expressed by the author, we add that the relations between the participants described by him will in essence be 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 common interests the investigator and the interrogated, that is, in the transition in interrogation from the psychological "I" to the psychological "We". A. B. Soloviev, pointing out the peculiarities of psychological contact, concludes that it is one-sided, since the investigator seeks to obtain from the interrogated as much information as possible and at the same time to 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 bring to the fore the information aspect of psychological contact, which is its most universal and most independent characteristic. Communication during interrogation is always associated with the adaptation process - social, personal, situational, which requires a continuous flow of information about the conditions, the subject of communication and the means of communication control. Moreover, the information here should be understood as “a form of communication between the controlled object and the controlled one”.
Psychological contact develops in the course of communication and its obligatory prerequisite will be mutual readiness (attitude) for the perception and understanding of each other by persons. 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 the goal that determines the willingness to communicate, and the process of information exchange undertaken to achieve the goal, and, finally, the result is the relationship that allows you to continue communication and jointly solve certain problems. Therefore, it is advisable to consider psychological contact in two ways: as a certain relationship that develops between the interrogation participants, and as an activity to create these relationships, proceeding in the form of communication.
Establishing psychological contact - ϶ᴛᴏ purposeful, planned activity of the investigator in organizing and managing the flow of information in the process of communication, aimed at creating conditions that ensure its development in the direction necessary to achieve the set goal and is carried out throughout the investigation. With all this, the establishment of psychological contact is a temporary activity, characteristic of each interrogation, a “mood” for communication.
The content of the activity to establish psychological contact will be relations of cooperation and mutual understanding (trust) based on striving for a common goal (or, at least, on the coincidence of goals at certain stages of communication) or mutual respect of persons exchanging information. Establishing psychological contact is an active activity of the investigator, aimed at forming a positive position of persons giving testimony or attitudes to continue communication and encouragement to cooperation.
The possibilities of establishing psychological contact, its form, an approach to communication that is conducive to achieving the goal, depend primarily on the individual psychological qualities of a person with whom a relationship of cooperation is to be established, on his typological characteristics characteristic of his performance of certain duties, the role in a specific situation of a crime event , life and special experiences. Hence, in the activity of establishing psychological contact, the investigator's ability to understand the psychology of people, to master the techniques of permissible influence on them, the methods of analyzing their behavior and introspection are brought to the fore. For him, life experience and knowledge of tactical techniques recommended by forensic science, based on the data of psychology, logic and other sciences, are necessary.
In forensic science, tactical techniques for establishing psychological contact have mainly been developed, however, specific recommendations for achieving it differ. So, A.V. Dulov names among the techniques: a) arousing the interrogated person's interest in the forthcoming interrogation; b) arousing the interrogated person's interest in the interrogator (investigator, prosecutor, head of the search); c) appeal to the law, clarification of the importance of the required information, familiarization with the circumstances mitigating the fault, etc.
V.F.Glazyrin recommends the following techniques to establish psychological contact: a) appeal to 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, fairness, benevolence, exactingness, etc.)
When establishing psychological contact, one should not allow a situation of a “semantic barrier”, when in the process of communication comes mutual alienation, misunderstanding of each other. It is worth noting that it is characterized by distrust, hostility, psychological lack of understanding. All arguments appear to the accused as an attempt to deceive him.
Summarizing what has been said, we can name the most common ways of establishing psychological contact:
1) creating an appropriate environment for interrogation;
2) interrogation in private;
3) correct behavior of the investigator as a representative of the state performing important public functions,
4) a demonstration of goodwill, unbiased attitude to the person being 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) an 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, the following should not be allowed:
1) long waiting time for interrogation;
2) manifestations of excessive interest, regret;
3) promises of the impracticable, the use of lies, calls for actions that are contrary to moral norms, etc.
Based on the foregoing, we come to the conclusion that it can be concluded that in the literature, the establishment of psychological contact is associated with the use of tactical techniques aimed, first of all, at encouraging the readiness of the interrogated to give truthful testimony, to fulfill in good faith ϲʙᴏand moral obligations, excitement of feelings trust in the investigator so that the interrogated (including the accused) by his behavior would contribute to the achievement of the truth, to the fulfillment of the tasks of criminal proceedings. Unfortunately, these idealized wishes often remain “ good intentions”, And no more, when faced with situations of conflict confrontation of persons who are trying with all their might to hide the truth. Therefore, I think, it would be more realistic not to demand from such persons “by their behavior to contribute to the achievement of the truth”, since the search for truth is the professional task of the investigator, but to awaken the willingness to communicate and cooperate with the investigator in solving individual problems of the case under investigation, which are the subject of specific communication ...
Psychological contact as an indispensable attribute of communication presupposes various types of interaction, and above all cooperation and competition. Therefore, the establishment of psychological contact is also possible in situations where persons have diverging interests, nevertheless, they 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 the unhindered and active participation of the interrogated during the interrogation, that is, the presence or absence of psychological contact in the process of communication is stated, mainly, depending on the desire of the person to testify, in connection with which there is a choice of methods of tactical influence on him. This approach to solving the problem seems to us not entirely productive.
There is no doubt that the organization of the correct relationship between the investigator and the interrogated will be an important aspect of establishing psychological contact. The ability of the investigator to show ϲʙᴏand communicative properties (politeness, benevolence, external expression of the desire to listen to the interlocutor, etc.) and to win over the interrogated (to gain authority, to gain respect, to inspire confidence) requires certain tactical efforts, which are the exponents of the style of his behavior, in which the unified orientation of all the features of communication between the interacting parties in the interrogation process is embodied.
The style of behavior with m is characterized by two interrelated factors: first, the external forms of manifestation of behavioral features or manners (forms of addressing the interlocutor “on you”, “on you”, by name, by last name; 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 would see him as a representative of state power, guarding socialist legality, that the investigator seeks to find out the truth, that he can be trusted, he realized that the investigator knows his case, 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 enhancing the role of the investigator in the process. In connection with this, the tactical influence should not be made dependent on the desire of the interrogated 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 when establishing psychological contact is the ordered in a certain way the movement of information, in which, as the main controlling element, it is necessary to highlight and actualize the measure of influence of the investigator (his entrepreneurial spirit, initiative, expression of a 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 to establish a 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 end! act in 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 properties at the beginning of visual-kinesthetic (non-speech) communication;
b) the study of the mental state, the attitude of the interrogated to the communication that has begun.
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) tactical techniques aimed at arousing interest in the development of the communication that has begun and its continuation in the future.
The stages listed above in the behavioral aspect of the investigator's activity in preparing and conducting interrogation are presented as specifically organized and controlled actions, actions and combinations of actions of the investigator aimed at establishing, monitoring and regulating the relationship of interaction with the set goal and the chosen communication model. Therefore, in solidarity with A.N. Do not forget that Vasiliev, we consider it expedient to talk about the formation of psychological contact as a tactical task solved by using a group of tactical techniques that we have partially named and mentioned in the literature.
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Any kind of interrogation - of a witness, a suspect, an accused - begins with the establishment of psychological contact, that is, such an attitude towards communication that can lead to the most effective results. Psychological contact in a peculiar form of communication, which takes place in legal proceedings, determines the receipt of evidentiary information that contributes to the establishment of objective truth, a high culture of legal proceedings, reflecting the democratic principles of the latter.
Psychological contact is inherent in all forms of activity associated with obtaining verbal information during an inquiry, preliminary investigation, and court proceedings.
The concept of "psychological contact" presupposes, as is evident from its name, a certain effect on the psyche of persons entering into communication. The content side of the contact consists in a two-way influence, on the one hand, of a person who has information and can provide it or refuse to provide it, depending on the situation of investigative or judicial action, in particular interrogation. The psychological impact when establishing contact can have various forms and is due to a number of circumstances, including the need to establish contact, its purpose, methods of influence, the use of the emotional state of persons during communication and, finally, the desire to provide the required information.
In the forensic literature, the concept of psychological contact is often associated only with one-sided influence on the part of an investigator or judge, but this is not the case. Despite the inequality of positions in the position of the investigator - the accused, the judge - the defendant, contact always remains two-way, since it stimulates the psychological state of both subjects of communication, and often depends to a much greater extent on the person, contact with whom is stimulated by various methods.
Establishing psychological contact involves the study of data on the personality of the interrogated. Such data can be materials of a criminal case, testimony of witnesses
and the accused, characteristics obtained as a result of operational-search activities. Analysis of the data allows us to make an assumption about the psychological and social portrait of the person with whom communication is to be made. This is kind of the first stage of the approach to communication. The second stage takes place in the interrogation process, where the investigator or judge gets a direct impression of the person being interrogated during the interrogation. In all cases, during the interrogation, a favorable atmosphere should be created that encourages the interrogated to communicate, which implies the desire on the part of the official to eliminate conflict situations, to create an interrogated person's interest in communication. It is quite difficult to achieve such an atmosphere, since various persons appear before the investigator - young, sophisticated life experience, sincere and deceitful, sociable and non-contact, polite and rude, as well as persons who do not want to enter into communication due to various emotional or other states and intentions. All of the above positions require the investigator and other persons carrying out the interrogation, a kind of reincarnation in accordance with the situation of interrogation and the behavior of the person in relation to whom actions are taken to establish contact, taking into account his type of temperament, in order to correctly choose the pace and tactics of interrogation. In this regard, the investigator should not demonstrate the negative feelings that arise in him in relation to the murderer, rapist, robber, bank swindler. Behavior should be even, but not dispassionate, since it is the emotional disposition that causes the desire for communication and contact.
In cases where the interrogated rejects any attempts to establish contact, the investigator turns to topics other than the subject of interrogation, questions about marital status, children, work, interests of the interrogated.
This, as a rule, relieves the atmosphere of tension, encourages the person to communicate. There is no need to focus on the negative attacks of the person being interrogated, you should ignore them, keeping in mind the state of the person during the interrogation, both aggressive in some cases and depressive.
When communicating during interrogation, barriers most often arise that impede communication, among them the most important are emotional and informational barriers. Their elimination presupposes the objectivity of the investigator and the judge, expressed both in obtaining information that accuses the person and acquitting them, as well as in clarifying the reasons for the crime and their motives. The elimination of the information or, as it is called, the semantic barrier is achieved by clearly formulating questions to the interrogated, clarifying the latter's understanding of their meaning and meaning, explaining, if necessary, legal and other special terms that may occur during communication. It should be noted that the semantic barrier is one of the difficult obstacles during communication, since the interrogated is often in a state of nervous tension, which does not allow him to understand individual issues, and the accused individual charges and the essence of the evidence used by the investigator. So, in one of the interrogations of the accused in the murder case, the investigator, wishing to expose him of the crime, stated that the murdered man had micro-traces (fibers) of a mohair scarf that coincide in their generic characteristics with the scarf of the accused. The announcement of the expert's opinion convinced the accused of the proof of his participation in the murder (scientists have proved), and he stated that “since science has come to such conclusions, it cannot be wrong”. The investigator interpreted this statement as a confession by the accused of his guilt, although it was subsequently proved that the scarf participating in the biological research did not belong to the accused, but to another person. The lack of understanding of certain expressions of the accused perverted the prospect of establishing the truth.
Establishing psychological contact, as noted by some authors (V.L. Vasiliev), is an independent stage of interrogation, an independent stage. This statement is objectionable, since psychological contact is marked by situationality and dynamism. The situational nature of the latter lies in the fact that contact is established depending on the state of communication (voluntary presentation of facts of interest to the investigating authorities, a conflict situation associated with lies, denial, the advancement of new versions designed to delay the investigation) and may either take place or is ignored as an investigator, and the interrogated. For this reason alone, he cannot be considered the stage of interrogation, but is a condition for carrying out this action.
The dynamism of contact presupposes its plasticity, change depending on the positions of the parties in communication. Psychological contact can't be tough established scheme, along which communication proceeds, it can develop, and it can also be lost due to the emotional state of the interrogated, loss of confidence in the investigator, the desire to hide certain circumstances that the interrogated considers to be the most important and of great importance. The attitude of established and ongoing contact during the interrogation process, especially of the suspect and the accused, is extremely rare. Contact is mobile, and the task of the investigator is to maintain it during interrogation, since such an emotional state of the interrogated makes it possible to trust the investigator, and disposition towards him, as a rule, entails obtaining reliable data on the circumstances of the crime. Fear, mistrust, the idea that the person being interrogated is being deceived instantly creates an emotional barrier, which is very difficult to break down later. Therefore, when establishing psychological contact, you need to know about its fragility, variability, situational conditioning and selective impact on persons with different temperaments and character.
The purpose of establishing psychological contact is to induce the interrogated to report reliable information, to give truthful testimony. At the same time, according to the authors who study the problems of interrogation tactics, contact performs several functions. So, NI Porubov includes among them: a heuristic function, the meaning of which is to activate the mental activity of the interrogated in order to direct it in the necessary direction; a control function, which consists in comparing the information received during interrogation with the data already available; the emotional function that determines the action on the interrogated by its confidence in the fairness of the decisions made; ethical function as the ability of the investigator to win over the person being interrogated in order to obtain truthful testimony.
Undoubtedly, contact performs such role functions, however, for their implementation, certain methods of influence are necessary, since the establishment of contact does not occur by itself.
The general rule for choosing the methods of establishing psychological contact is their scientific nature, admissibility and legitimacy, that is, compliance with the democratic principles of legal proceedings, variability, situational dependence, emotional orientation, the absence of elements of latent and explicit violence. In this regard, the most acceptable methods will be those that provide a kind of emotional consonance, that is, a predisposition to positive communication.
It is impossible to list all the methods of influence in order to establish psychological contact, since they cover not only verbal influence, but also mimic one, which allows you to relieve tension with an encouraging smile, increased attention to the stated circumstances, sympathy and understanding of the gravity of the position of the accused or suspect, the oppressed state of the latter.
In the forensic literature, various points of view have been expressed regarding the tactics of establishing psychological contact.
So, A.V. Dulov offers the following techniques: 1) arousing the interrogated person's interest in the upcoming interrogation; 2) arousing interest in the person being interrogated; 3) appeal to the law, clarification of the significance of the required information, familiarization with the circumstances mitigating the fault, etc. ... Should be noted too general character the proposed techniques, the lack of the necessary concretization in them.
A more complete list of methods for establishing psychological contact is given by F.V. Glazyrin, referring to them the following: 1) appeal to the logical thinking of the interrogated, which consists in the conviction of the inevitability of the disclosure of the crime, the establishment of certain facts; 2) the excitement of the interrogated interest in communication and its results - a conversation on various topics, a report on the evidence found, an indication during interrogation of the suspect and the accused about circumstances mitigating their guilt, such as an admission of guilt, etc.; 3) excitement of an emotional state by appealing to feelings of pride, honor, shame, remorse, regret. Such techniques are most effective when refusing to testify, when interrogating persons in a state of depression, apathy, etc.; 4) the impact of positive personality traits of the investigator, judge - politeness, fairness, benevolence. In this case, the attempts of the interrogator to humiliate, offend, hurt pride create a semantic and emotional barrier, and not consonance, which is usually placed in the basis of psychological contact.
V.G. Lukashevich, who devoted his main works to the problem of communication, refers to the methods of establishing psychological contact as the following: 1) creating an appropriate environment for interrogation; 2) interrogation in private; 3) correct behavior of the investigator as a representative of the state performing important public functions; 4) demonstration of goodwill, 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 voice; 6) conducting a preliminary conversation on an abstract topic; 7) appeal to the logical thinking of the interrogated; 8) an explanation of the goals and objectives of the interrogation; 9) creating an environment that arouses interest in the interrogation and its results.
In terms of their content, the above tactical techniques do not always and not all meet the requirements corresponding to the concept of “tactical technique”, but mean conditions that can be considered the most optimal during interrogation. These conditions include interrogation in private, the creation of an appropriate environment for interrogation, the correct behavior of the investigator. These conditions, regarded as tactics, are nothing more than the usual ethical and organizational actions that accompany interrogation. They contribute to the creation of the necessary environment for communication and do not carry a tactical load as a system of actions aimed at obtaining a certain result.
Of interest is the detailed development of tactical techniques for establishing psychological contact, developed by V. Yu. Shepitko and formed into two systems. The first of them, contributing to adaptation to the interrogation environment and the elimination of undesirable mental states of the interrogated, and the second, stimulating the attitude towards the need for communication. The first system includes the following tactical techniques: 1) clarification of biographical data; 2) a conversation on an abstract or interesting topic, not related to the subject of interrogation; 3) demonstration by the investigator of awareness of the circumstances of life of the interrogated person, his needs, interests. The investigator is advised to choose the topic for the interview, since the latter largely changes the mental state of the interrogated.
The system of tactics that stimulate the mindset on the need for communication includes the following: 1) explaining the importance of communicating truthful testimony; 2) conviction of the need to provide assistance to the investigating authorities; 3) clarification of the essence of the consequences of the crime committed or the possibility of their occurrence in the future; 4) display of photographs (objects) related to the crime and its consequences; 5) the use of a positive assessment of the personality of the interrogated, its individual qualities.
In all cases of using the above tactical techniques aimed at establishing psychological contact, one of the important conditions for the latter is the ability to listen to the person in communication. Nothing disposes a person, and in this case the interrogated, as the fact that he is listened to with attention and interest. Elements of empathy that take place when listening to testimony psychologically affect the person being interrogated, activating his desire for communication. The manifestation of interest in the testimony is a circumstance that disposes the interrogated to the investigator.
Of particular importance in ensuring the success of the interrogation is its communicative side, i.e. general favorable for communication psychological atmosphere of the investigative action, the presence of psychological contact. Psychological contact according to Chufarovsky Yu.V. it is the process of establishing, developing and maintaining the mutual attraction of communicants. See: Chufarovsky Yu.V. Legal psychology in questions and answers. - M .: "Prospect", 2010 S. 87.
Yablokov N.P. defines psychological contact during interrogation as the level of relationship during interrogation, at which the persons participating in it are ready (can and wish) 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 is internally, psychologically inclined to participate in the 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 the investigator to establish the truth. See: Forensic Science: Textbook / Ed. By N.P. Yablokova. - 2nd ed., Rev. and add. - M .: Jurist, 2001.S. 449-450.
The psychological influence of the investigator on the interrogated person arises from the moment the summons is received, and psychological contact is established from the moment the interrogated person appears in the investigator's office.
Also in the opinion of O.V. Polstovalov. a special role in establishing psychological contact between the investigator and the interrogated is played by their first impression of each other. For the interrogated, an important role is played not only by the appearance of the investigator and the order in his office, but also by the meaning and content of the first contact remarks. An important role is played by the location of those communicating in the office in the light of modern psychological research. See: Polstovalov O.V. Forensic conflictology: modern moral and psychological problems: Monograph. - Ufa: RIO BashGU, 2002.S. 12-15. The methods of establishing psychological contact are very numerous and varied. Their choice depends on the current investigative situation, personality traits, psychological state of the interrogated and the investigator himself. Psychological contact can be established by influencing the social and psychological qualities of victims, witnesses. Every person in any life situation have their own primary concerns, worries, doubts, desires and interests. On this basis, the investigator should make contact with the person being interrogated. In relation to witnesses, this can be an expression of regret for the concern caused to them, in relation to the victim - sympathy for the traumatic circumstance, in relation to the accused and the suspect - assurance of the guarantee of all their legal rights, clarification of their urgent requests and petitions. The "golden rule" of the investigator's behavior at this stage of contact interaction: do not allow anything that can cause a negative attitude towards him.
A benevolent acquaintance, the announcement of his name and patronymic, addressing the interrogated by name and patronymic, neat appearance, dignified but not arrogant demeanor - all this forms the first impression of the investigator. It is permissible in the first minutes of the interrogation that the investigator provides some information about himself, about the expectations that he places on the behavior of the interrogated person.
When developing psychological contact with a person, it is necessary to pay attention and take the necessary measures to eliminate obstacles in communication, which include a negative attitude towards the upcoming communication, the presence of mental states that make it difficult, making it impossible to develop communication, the intervention of strangers, etc. Psychological challenge an operative officer in this case is to maintain and strengthen psychological contact with a person, and a tactical one is to obtain operatively significant information. In the course of a free story of a person about an event included in the subject of the conversation, the operational officer can use such tactics as a reminder of something; clarification, detailing of what was said, etc. Abramenkova V.S. Controversial provisions on the concept and conditions of establishing psychological contact during interrogation at the preliminary investigation // Modern problems of lawmaking and law enforcement: Collection of scientific papers. Issue 7. Moscow. Irkutsk. Publishing house of GOU VPO RPA of the Ministry of Justice of Russia. 2009.S. 91-98.
Having explained to the witness, the victim, in connection with which they were summoned for interrogation, the investigator must listen to their free story, which gives the interrogated the opportunity to concentrate, recall the circumstances, and the investigator - to avoid asking leading questions, inspiring influence. Respect and trust in the testimony of investigators and victims should be mandatory for the investigator. On his part, rudeness, ridicule, emphasized distrust, inattention, haste, etc. are unacceptable. - 3rd ed., Revised and added. - M .: "
The most important problem in the psychology of interrogation is the problem of regulating relations that arise between the interrogated and the interrogator during interrogation and to a certain extent affect the achievement of the interrogation goals by the latter. Here, the correct decision depends largely on the level of knowledge, professional experience and skills of the investigator. It should be very clear to others. At the same time, the investigator is obliged to clarify what he heard, eliminating omissions and ambiguities. Drapkin L.Ya., Shuklin A.E. Investigator: professional characteristics and basic methods of activity // Russian legal journal. 2011. No. 1. S. 203-213.
Despite the difference in views, cultural level, education, the investigator must determine the best qualities of the person being interrogated and treat him impartially. Appeal to better qualities the personality of the interrogated is one of the main tactics for establishing psychological contact. On the contrary, condemnation and reproaches do not contribute to rapprochement, since they reflect a mismatch in value positions. Intemperance of the investigator in assessing the actions of the interrogated may result in verbal aggression, which will only cause countermeasures.
The following basic methods should be attributed to the number of purely psychological and tactical methods of establishing psychological contact: 1) conversation on topics of interest to the questioned person (about family, about everyday problems, about hobbies and addictions, etc.); 2) emphasizing the importance of the testimony given and the confidentiality of the conversation; 3) search and use of similar basic qualities of "I - concepts", attitudes and views; 4) maintaining a positive relationship background. Undoubtedly, this list cannot be closed.
Establishing contact during interrogation depends on the type of initial situation - conflict or non-conflict. In a situation of opposition, two communicative positions can take place - the position of active opposition and the position of passive opposition (a sharp restriction of testimony).
The next stage in the dynamics of the development of psychological contact is considered to be its maintenance. However, the distinction between the methods of establishing and methods of maintaining psychological contact can be very conditional. Creating a positive relationship background is necessary not only for establishing psychological contact. It is advisable to use this technique when maintaining psychological contact. The investigator must show sincere interest in the personality of the interlocutor not only in order to achieve a state of readiness for communication, but also to maintain psychological contact.
The stage of maintaining psychological contact consists in organizing the optimal communication activity. Moreover, necessary condition maintaining psychological contact is the ability of the investigator to listen. In order to maintain readiness for communication, the investigator will also have to avoid wrong steps, which at first glance seem not so dangerous for the existence of psychological contact, but in reality are methods that are aimed at confrontation.
There is a certain gradation of mistakes made during communication, which are located in a continuum from "breaking" the distance and establishing familiar relations to avoiding a conversation, or creating a "halo of inaccessibility" incompatible with the tactics of talking on equal terms. Forensic conflictology: modern moral and psychological problems: Monograph. - Ufa: RIO BashGU, 2002.S. 20-24.
The participation of a defense attorney in investigative actions can not only help, but also create difficulties for the investigator, for example, prevent the establishment of psychological contact between the investigator and the person being interrogated. However, in any case, the success of the work of both the investigator and the defense attorney is largely determined by their correct, normal relationship See: L. Batishcheva, A. Lei. Tactics of investigative actions with the participation of a defense attorney // Legality. - M., 1993. No. 12 ..
The victim's testimony is an important procedural document that needs to be assessed from the point of view of its evidentiary value, knowing the characteristics of the victim's personality. It is very important for the investigator to establish psychological contact with the victim, given his mental state and individual characteristics and thus ensure the completeness and accuracy of the readings. The study of the psychophysiological properties of the victim, strength, mobility of nervous processes, such as higher nervous activity, temperament helps to determine the possibility of the victim performing certain actions, and in general - to create a correct picture of the event. These qualities must be taken into account when establishing contact with the victim, organizing investigative actions. The actions of a criminal, the consequences of a criminal act often lead the victim into a state of severe mental shock, excitement, fear, severe depression, anger, indignation, despair, confusion. Without taking into account these features, their correct psychological analysis, relieving the stress state of the victim, it is difficult to count on the completeness and correctness of his testimony. Vasiliev V.L. Legal psychology. - M., 1991.S. 271.
Hearing empathy is very effective remedy maintaining psychological contact with the victim or witness.
During the interrogation, an exchange of information occurs between the investigator and the interrogated, in which two aspects are distinguished: this is the verbal exchange of information between the interrogated and the interrogator and the receipt of information about the state of the interrogated and even the direction of his thoughts by observing his behavior (gestures, facial expressions, skin color, etc. etc.).
During interrogation, careful observation of the interrogated should always be ensured to establish his condition, which is determined by his outward appearance, behavior, reaction to the information transmitted to him, based on the analysis of his speech (tempo, coherence, repetition, abruptness, etc.). So, for example, unexpected spasms, changes in the speed and rhythm of speech, loss of pauses, breaking words, chattering, forcing a sound or laughing, rapid or shallow breathing and constant interruption of others ... are considered stress symptoms. Shebutani T. Social psychology. - M., 1969.S. 134.
Among the methods of psychological contact, we will not find a single one that would not simultaneously be aimed at maintaining readiness for communication. Creating a favorable emotional background for communication (empathic relationships), expressing gratitude and paying sincere attention to the merits of the individual, using open gestures (open palms, periodic eye contact of communicants, etc.) - this is not a complete list of those methods that, as in the course of all communication, and in its final stage contribute to the consolidation of the state of psychological contact.
The ability of the investigator to listen includes not only the ability to adequately perceive the received verbal and non-verbal information, but also the ability to control and correct their communicative behavior. Therefore, "the ability to listen" is a very conditional term, since not only auditory receptors are included in the system of perception of the information received.
In the ability to listen, it is necessary to highlight a number of constituent elements:
1) the ability to adequately and reliably understand and record the information received;
2) the ability to show empathy, the ability to tune in to the "emotional wave" of the interlocutor;
3) the ability to control and coordinate your speech and gestures in order to dispose of communication, as well as to maintain psychological contact (the ability to listen to information emanating from oneself);
4) the ability to use the "common" language with the interlocutor in communicative activity. Chufarovsky Yu.V. Legal psychology in questions and answers. - M .: "Prospect", 2010 S. 112.
It seems that the broadest understanding of "the ability to listen" in psychology does not contradict the forensic scientific theses. Therefore, the proposed recommendations aimed at developing the skill of listening, in our opinion, will significantly help investigators in the process of their professional communication.
In forensic science, within the framework of achieving the tactical task of establishing and maintaining psychological contact, the ability of an investigator to listen must be understood as a professional skill based on following psychological and forensic recommendations for organizing the process of effective communication.
The employee must complete the establishment of psychological contact by individual influence on the face. The purpose of this influence is to obtain confidential information from him. In this case, some general norms may be developed. trusting relationship for the future. In the final part, it is important to consolidate psychological contact with the person in case of his possible assistance in the future. The tactical task in this case is to evaluate the information received from the standpoint of its comprehensiveness, completeness and objectivity, and if gaps are found, fill them by asking additional questions. Psychological contact with public assistance // Scientific research higher school: a collection of abstracts and reports at the final scientific and practical conference (February 8, 2011). Tyumen. Publishing house Publishing house Tyumen. jurid. Institute of the Ministry of Internal Affairs of Russia. 2011.S. 122-123.
It is important to emphasize that in practice, the use of certain methods and techniques for obtaining information is carried out, as a rule, in a complex manner: one technique complements the other and creates a condition for the use of the third, etc. However, it should be noted that psychological methods and techniques of obtaining information, as well as any other methods and techniques, are not universal.
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