Citation

Kuntii A, Navrotskyi V, Avramenko O. Wiad. Lek. 2019; 72(12 cz 2): 2620-2625.

Affiliation

Lviv State University Of Internal Affairs, Lviv, Ukraine.

Copyright

(Copyright © 2019, Polskie Towarzystwo Laekarskie)

DOI

unavailable

PMID

32124796

Abstract

OBJECTIVE: Introduction: The results of court practice generalization convincingly indicate that a group of special medical knowledge in the frame of involving a specialist in the procedural actions is an important component of the system of specialized knowledge using during the investigation of murder committed in a state of strong commotion. Moreover, this knowledge is accumulated in psychology and psychiatry areas. The aim: of the article is to determine the procedural status of a specialist in the criminal procedural legislation of certain countries of the European Union, and, on the basis of comparison with the Ukrainian legislation, to establish his role in procedural actions; coverage of procedural and forensic aspects of using specialized medical knowledge in the form of involving a specialist in the procedural actions during the investigation of murder committed in the state of strong commotion.

PATIENTS AND METHODS: Materials and methods: The materials of the study are 67 court decisions on premeditated murder commission, including those in the state of strong commotion, passed by the courts of Ukraine and Poland during 2007-2019, and the results of survey of 23 employees of the pre-trial investigation bodies of the National Police, operative units, public prosecutor's office and certain psychiatrists and psychologists involved in the investigation of relevant crimes in Ukraine; statistical reports of the Prosecutor General's Office of Ukraine for the period of 2013-2019 concerning registered criminal proceedings on this relevant crimes.

METHODS, used in the study are dialectical, systemic-structural, formal-logical, sociological and statistical.

CONCLUSION: Conclusions: The analysis of forms and directions of special knowledge using allows us to establish the fact that involving a specialist in the field of psychology or psychiatry in procedural actions by means of special medical knowledge during the investigation is of particular importance. More likely it will help to establish the state of strong commotion of a person who committed premeditated murder as a reason for qualifying his/her actions under the privileged crime (corpus delicti) provided for by Article 116 of the Criminal Code of Ukraine.

Language: en

Keywords

premeditated murder; specialist; a psychiatrist; the state of strong commotion; a psychologist