Complex forensic psychological-psychiatric expert assessments of the state of justifiable defense

Abstract

Outlined are priority theoretical –methodological approaches to expert familiarization with the requirements of justifiable defense which defines the conditions of declaring innocent a person who committed a legally significant wrongful act, ruling out assessment of his deeds as a crime . Identified are criteria and provisions reflecting the subjective aspect of the deed that falls within the criteria of justifiable defense. This was done through psychological analysis of the contents of part 2.1 of basic clause 37 of RF Criminal code and the relevant Decree of the Plenary Session of the Supreme Court of the Russian Federation N 19 dated 27.09.2012 Moscow “On administration by courts of legislation about justifiable defense and infliction of injury during detention of a person who has committed a crime”. Rationale is provided for the need of conducting expert assessment. Suggested are psychological concepts and methods that allow an adequate evaluation of designated key components of expert assessment as part of complex forensic psychological-psychiatric expert examination (VFPPEE). Validated is the efficacy of this type of expert investigation, its subject matter and basic goals. Formulated are standard questions addressed to experts by participants in a criminal case, investigation or inquiry that meet the current competence level of VFPPEE, responses to which may serve as evidence in a case, or basis for correct court decision.