Posthumous psychological forensic examination and its conduct

Posthumous psychological forensic examination is conducted in the process of investigating cases of various categories. Thus, in criminal proceedings, such a procedure is appointed when establishing the fact of suicide or suspicion of it. At the same time, specialists who are responsible for conducting such an examination should gather information about the possible emotional and psychological state of a person who has passed away in the period immediately preceding death and at the time of its onset.

A postmortem forensic psychological examination (EIT) is also conducted in relation to civil cases. It is appointed when the person who committed this or that impugned action is deceased. In this case, the court to make a fair decision requires the opinions of specialists in the field of psychological knowledge.

The reasons for the

Posthumous forensic psychological examination is appointed:

- when checking the fact of violent death, if the investigation develops a version of a possible murder, which is disguised as suicide, and vice versa;

- considering cases of inheritance to determine the ability of the testator to understand and understand the actions that he has accomplished.

Features

The psychological examination is carried out in parallel with the pathoanatomical study of the corpse. In part, the tasks of these procedures coincide. This is the clarification of the very reasons for passing away from life, and the discovery of diseases of the deceased, etc. However, the issues of psychological expertise are more extensive. And they pursue not only medical goals. The point is that, as a rule, psychological examination is conducted in the criminal process. And so it is called upon to answer questions about what is the psychological portrait of the person and the reasons that provoked a person to take certain actions.

Complexity of research

Conducting a forensic psychological examination posthumously is not an easy task. First of all, because it does not have the subject. On the mental state of the object of investigation can be understood only from written evidence and from the collected facts. This circumstance largely explains the fact that the posthumous psychological forensic examination is very laborious and complex.

In addition, the specialist has only written forms of evidence. They can not fully determine the psychological state of the subject. The list of such documents contains medical certificates and medical records of the patient, as well as notes containing standard phrases in their text.

Posthumously forensic psychological examination is often conducted to identify the incapacity of a citizen in terms of managing their actions and understanding their significance. This behavior is associated with a disease that caused a violation of consciousness. However, during his life, treating physicians do not attach much importance to the depth and form of the existing psychiatric disorder. With the calm behavior of the patient, doctors indicate only the general state of the person in the card.

In addition, posthumous psychological forensic examination is based on testimonies of witnesses and documents. These data in connection with various objective and subjective reasons can be extremely controversial. Thus, some witnesses are sometimes personally interested in channeling the matter into this or that channel. This explains the existence of subjective reasons. Some contradictions in the views may also be observed in physicians who directly contacted the patient. This explains the differences of objective nature.

It is worth mentioning that the methodology for postmortem psychological forensic examination has not yet been properly developed. And this despite the ever-increasing need for such studies, for example, because of the fraudulent scammers choosing as their object of criminal actions of the elderly.

The object of posthumous EIT

The appointment of forensic psychological examination becomes necessary in determining the capacity of the citizen and the adequacy of the actions performed by him.

The objects of posthumous EIT are:

- physical and mental health of the deceased (during life);
- testimony of witnesses;
- a description of the circumstances of death;
- probable causes of deviation in behavior;
- Characteristics of the deceased person.

Consideration of factors leading to death

The most important object of posthumous EIT is the physical health of the deceased during life. This factor, as a rule, characterizes and determines (in most cases) the actions of the person being studied.

The basis of the study is considered psychological disorders. In most cases, they lead to one or another deviation in the behavior of the patient. Such pathologies include:

- Lissencephaly;
- Alzheimer's disease;
- cerebellar hypoplasia;
- intracerebral haemorrhage;
- Leukomalacia;
- Pozotonic reactions;
- multicystic encephalomalacia;
- sleepy paralysis;
- Rasmussen's encephalitis;
- Fatal insomnia.

Further, the expert studies the mental health of the deceased. In this case, we take into account:

- certificates of third parties;
- observation by a psychiatrist;
- registration;
- recorded facts of mental disorders.

After the research, the expert starts working with eyewitnesses. He interrogates friends, relatives and colleagues of the deceased. Based on the results of the work done, he is given a characterization of the actions and actions of a person who has passed away from life.

The carried out researches allow to make a psychological portrait of the person and define presence of possible deviations. In addition to the health of the citizen, the expert studies the circumstances in which the situation under consideration took place, with a view to increasing psychophysical loads and extremes. The expert fixes the irritating factors that provoked the person to a certain action.

Tasks

Posthumous psychological examination is conducted in the investigation of either alleged or already confirmed suicides. It happens that the fact of suicide by the investigators is unequivocally not established. In such cases, posthumous EIT is necessary to clarify the circumstances of the lethal outcome and to determine its causes.

Sometimes the fact of suicide is obvious. In this case, the experts are asked to determine the state of a person who has passed away from a life within a certain period of time, which preceded suicide. Such studies allow us to study the phenomenon of suicide. This will allow developing a plan of preventive actions to prevent such cases.

Posthumous psychological examination is also appointed when the corpse is found without any visible signs of violence. Such investigations are conducted on the initiative of the investigation or judicial authorities. Sometimes posthumous SPE is appointed at the request of interested persons. They can be relatives, friends, etc. In such cases, the expert is given specific tasks even before the start of the research and a list of issues is proposed for which he must give an exhaustive answer.

So, the research is designed:

- establish the psychological state of the deceased;
- find those factors that have become a possible cause of death;
- identify the true causes of death;
- to establish the actions of other people who pushed the citizen to suicide;
- determine the sanity of the citizen at the time of his departure from life.

Classification

There are various types of forensic psychology, carried out posthumously. It is classified according to the composition of the appointed group of specialists. So, there is an examination:

- Forensic psychiatric;
- forensic psychiatric commission;
- complex sexual-psychiatric judicial;
- complex forensic psychiatric;
- Psychological-sexological-psychiatric judicial complex.

Appointment of posthumous EIT in civil cases

Posthumous forensic psychological examination allows you to answer many questions. But the main and at the same time, the only reason for her appointment is to determine the degree of sanity of the person at the time when he was doing this or that act, considered in court. In addition to criminal cases, the sphere of proceedings is often inherited law. Examination is necessary in cases where potential and future heirs contest the will and actions of the deceased deceased. At the same time, the court can not objectively and in a short time establish cause and effect relations of the existing circumstances. In such cases, you have to turn to specialists. The questions of psychological expertise are:

- psychological characteristics and the state of the person at the time when the controversial act was committed;
- all the nuances of the psychological processes taking place in this situation;
- the presence of a special emotional state of a person under the influence of certain factors.

Experts consider issues not only of mental, but also physical moments of influence on deeds and decisions of the deceased person. In addition, the age group of the deceased is taken into account. Conclusions made by experts are sent to the judicial body and can significantly change the alignment of positions of the parties.

Nonprocessed sources of information

All the documents described above are provided to the expert by an investigator or court. But there are also non-technological sources, from which the researcher gets the information he needs.

These include standards and standards, reference books and file cabinets, instructions and methodological recommendations. A specific set of such sources is determined depending on the specific task and the professional level of the specialist.

Conclusions of the posthumous EIT

Regardless of what kinds of psychological expertise were used to consider each specific case, a specialist is not always able to answer the questions posed to him unequivocally. What does it mean?

The court will treat the conclusion given to him as an impossibility of obtaining both direct and indirect evidence as to whether certain factors influenced the actions and decisions of the deceased during his / her life. The findings of the examination will be considered as presumptive and recommendatory in nature.

Execution of the conclusion

After carrying out posthumous psychological expertise, a specialist draws up a relevant act. This is an independent document, which is the source of judicial evidence. The act, drawn up by experts, is evaluated in parallel with other evidence available to the investigation. It contains facts that are of paramount importance for making the right decision on the case in question.

In the drafted report, the expert sets out the grounds that necessitated the conduct of this study, as well as the objects of study, the course and the results obtained as a result of the work performed. All the conclusions in this document should not be unfounded. All of them are supported by appropriate justifications. In addition, the expert has no right to go beyond his specialized knowledge. He should give answers only to those questions that fall within his competence, and do it in categorical form. Probable assumptions are allowed only in those issues that relate to the cause-effect relationship between the person being examined and his actions in the presence of a person's mental disorders.

Reliability

Those conclusions that are made by a specialist as a result of a posthumous psychological examination can not always be fully appreciated. The true answer can be given only if the available evidence is documented, as well as witnesses confirming the circumstances stated on paper.

Assessment of the act of posthumous EIT

To express one or another opinion on the expert opinion drawn up is the competence of lawyers. Sometimes the evaluation of the act is carried out as part of a re-examination, appointed by the court.

But anyway, all the provisions stated in the conclusion must meet the requirements of existing legislative acts and the level at which modern expert practice and theory are located.