Towards differentiation and expert assessment of emotional states

Abstract

Discussed is the issue of differentiated complex forensic psychologicalpsychiatric assessment of psychogenic emotional responses and states. Based on the investigation of 158 forensic-expert findings identified are significant forensic psychological expert criteria for differentiating emotional states of the defendant against the parameters of specific perceptual defects and impaired consciousness, the intensity and peculiarities of emotional experiences, thought disorders, the degree of intellectual and volitional control of behaviour. Reviewed are legal implications of expert findings about the psychic (emotional) state of psychogenic genesis of the accused, conclusions are drawn about issues of judicial use of expert testimony about “the material effect of emotional state on consciousness and behaviour”. To resolve theses problems it is deemed advisable to amend the wording of articles 107, 113 of the Criminal Code of the Russian Federation.