scholarly journals Observance of the Probative Value of the Psychiatric Forensic Expertise - Guarantee of Avoiding Judicial Errors in Criminal Proceedings

2020 ◽  
Vol 8 (1) ◽  
pp. 60-72
Author(s):  
Simona Irina Damian ◽  
◽  
Mădălina Maria Diac ◽  
Anton Knieling ◽  
Tatiana Iov ◽  
...  
Keyword(s):  
Scientific Management ◽  
Criminal Proceedings ◽  
Probative Value ◽  
Forensic Expertise ◽  
Relevant Evidence ◽  
Judicial Practice ◽  
Psychiatric Expertise ◽  
Forensic Psychiatric ◽  
Judicial Errors ◽  
High Degree

Psychiatric forensic expertise is a type of evidence with a high degree of scientificity, objectivity and credibility, which places it at the top of the evidence hierarchy in criminal proceedings. The practice of the courts reveals a series of cases in which the conclusions of the psychiatric forensic examination were not taken into account at the time when the court issued a verdict, considering that the grounds on which the expertise was eliminated as relevant evidence in those cases is sometimes debatable. This article analyses the probative value of forensic psychiatric expertise from the perspective of the conflict that arises in judicial practice between the principle of scientificity of the evidence and the principle of sovereignty of the judge in assessing the evidence. It analyses the effects that scientificity has on the judge's actual possibility of assessing conclusiveness of the expertise by comparison with other evidence. The conclusions are that the psychiatric forensic expertise has the greatest probative force among all the evidence that could attest to the mental state of the victim or the accused; this evidence can be disregarded by the court at the time of ruling only if there is evidence with equal probative value to combat it; ordering new evidence by the court (supplements to expertise, new expertise, objections, requesting clarifications from the expert) to verify the credibility of the conclusions of the initial expertise should be done only after ensuring a framework that guarantees the compliance with the principle of scientific management of evidence.

scholarly journals Legal Framework of the Mechanism for the Elimination of Judicial Errors in Germany: A Comparative Legal Aspect

2021 ◽  
Vol 16 (3) ◽  
pp. 124-132
Author(s):  
A. G. Trofimik
Keyword(s):  
Legal Aspect ◽  
Legal Framework ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Legal Structure ◽  
Procedural Law ◽  
Judicial Practice ◽  
Judicial Errors ◽  
Assessment Of Evidence

The paper examines the legally enshrined principles of material truth (§ 244 II StPO) and free assessment of evidence (§ 261 StPO), as well as the doctrinal requirement for a comprehensive, complete and objective study of the circumstances of a criminal case from the standpoint of the legal mechanism for identifying and eliminating (eliminating) judicial errors in criminal proceedings in Germany. The meaning and functions of the named concepts for criminal proceedings have been determined. The influence of the principle of material truth (Untersuchungsgrundsatz, Aufklärungspflicht) and the principle of free evaluation of evidence on law enforcement are analyzed. Based on the analysis of the universal regulatory framework of the elimination of judicial errors and the corresponding judicial practice, comparing the current legal regulation of Germany with the Soviet criminal process, the author formulates hypotheses on the possibility of returning to the domestic criminal procedural law of truth as a special legal structure that guarantees the quality of the investigation of the circumstances of the criminal case and ensuring uniform judicial practice.

Postmortem Combined Psychological and Psychiatric Forensic Expertise in Cases of Juvenile Suicide

2020 ◽  
Author(s):  
A.M. Bychkova ◽  
◽  
O.P. Vorsina ◽  
Keyword(s):  
Criminal Code ◽  
Legal Basis ◽  
Criminal Cases ◽  
Forensic Expertise ◽  
Psychiatric Expertise ◽  
The Subject ◽  
The Russian Federation ◽  
Forensic Psychiatric ◽  
Postmortem Examinations

The subject of the research is the postmortem combined psychological and psychiatric forensic expertise in cases of juvenile suicide. The authors reveal the legal basis for conducting examinations of this type; the content of complexity signs; the specifics of the subject of forensic psychological, forensic psychiatric and combined forensic psychological and psychiatric expert examinations. They point out that the expertise under consideration is a necessary stage of investigation of criminal cases on a number of articles of the Criminal code of the Russian Federation, and the quality of the examination is directly related to truth-seeking and that this statement fully applies to criminal cases on the facts of juvenile suicide. In order to study the practice of setting and carrying out the expertise of this type in cases of juvenile suicide, the authors studied 30 acts of postmortem examinations obtained by random sampling. The article presents the analysis of typical questions that were put to the experts, and the recommendations on the optimal formulation of these questions in order to fully identify the circumstances that are important for the cases. The authors note that the situation is unsatisfactory when the complexity of the postmortem forensic psychological and psychiatric expertise, in fact, is replaced by a set of two examinations: psychological and psychiatric.

The Biopsychosocial Paradigm in the Assessment of Mental Health of Older Persons

2016 ◽  
Vol 33 (S1) ◽  
pp. S464-S464
Author(s):  
L. Pishchikova
Keyword(s):  
Mental Disorders ◽  
Old Age ◽  
Psychiatric Hospital ◽  
Legal Protection ◽  
Physical Assault ◽  
Dynamic Features ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Forensic Psychiatric ◽  
Biopsychosocial Determinants

The vulnerability of patients of late age in psychiatry increases the professional and ethical requirements to the quality of psychiatric and forensic psychiatric help. It must account for the clinical and dynamic features of mental disorders in old age, biopsychosocial determinants of their formation, be based on a conceptual approach and a comprehensive understanding of the involution processes. To identify biopsychosocial determinants of mental disorders in old age and (or) involving patients to the forensic psychiatric examination, we examined 235 late age patients in criminal and civil cases. Revealed: «non-dement» mental disorders – with 45.5%, psychosis – with 7.7%, dementia – with 46,8%. The results of biopsychosocial determinants of involution are determined as follows: biological: sensory and motor deprivation, multicomorbid somatic neurological pathology, specific syndromes and disorders if late age, dementia; socio-psychological: termination of labor activity, living alone and loneliness, problematic relationship with children because of housing disputes and alcohol; legal: conclusion and contestation of legal civil acts, participation in criminal proceedings as victims and defendants, legal illiteracy, legal controversy, lack of legal protection; victimological: physical (assault, abuse), psychological (threats of commitment into social security institutions, involuntary commitment to a psychiatric hospital and examination by a psychiatrist, hold in the psychiatric hospital), financial violence (fraud with housing for older people and deception, manipulation during conclusion of civil-legal acts), violation of rights of older person (unlawful deprivation of legal capacity).Disclosure of interestThe author has not supplied his/her declaration of competing interest.

MODERN PROBLEMS OF LEGAL AND ORGANIZATIONAL SUPPORT OF FORENSIC EXPERT ACTIVITY

2021 ◽  
pp. 18-21
Author(s):  
Т.В. Сезонова ◽  
Е.Д. Андреева
Keyword(s):  
Organizational Support ◽  
Professional Training ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Forensic Expertise ◽  
Forensic Institutions ◽  
Forensic Expert

Статья посвящена актуальным вопросам, связанным с осуществлением судебно-экспертной деятельности на современном этапе. Обозначены проблемы правового и организационного характера, среди которых обеспеченность судебно-экспертных учреждений современными технико-криминалистическими средствами, профессиональная подготовка экспертов. Указывается на необходимость внесения изменений в нормативно-правовые акты, регулирующие судебно-экспертную деятельность, с целью повышения эффективности судебной экспертизы в уголовном процессе. The article is devoted to topical issues related to the implementation of forensic expertise at the present stage. The problems of legal and organizational nature are identified, including the provision of forensic institutions with modern technical and forensic means, professional training of experts. It is pointed out that it is necessary to make changes to the normative legal acts regulating forensic expert activity in order to increase the effectiveness of forensic expertise in criminal proceedings.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

scholarly journals Judicial Error: Responsibility, but not the Right

2019 ◽  
pp. 4-17
Author(s):  
Vyacheslav Kurchenko
Keyword(s):  
Professional Experience ◽  
Constitutional Court ◽  
Legal Rules ◽  
Judicial Practice ◽  
European Court ◽  
Gradual Accumulation ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Error

In the article, the causes of judicial errors are discussed. The author examines the possibilities of imposing discipline sanctions on judges for their errors, considers a range of questions. In particular, should a judge seek the truth while hearing a case? Is a judge responsible for not only his or her errors but also for the errors of investigators, experts, and other participants of a proceeding? The author indicates various types of judicial errors and comes to a conclusion that gradual accumulation of ordinary or insignificant errors in the judge’s activity inevitably leads to systematic (or unordinary) errors. They indicate that the judge is unfair or incompetent. Drawing on personal professional experience and judicial practice, positions of the Russian Constitutional Court and the European Court of Human Rights, the author makes a link between judicial errors and the quality of justice. He emphasizes that the judge should follow the legal rules concerning adjudication and maintain his or her level of competence.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

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