Problems of using hypnosis during detection and investigation of crimes
Автор: Smolkova Iraida Vyacheslavovna
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Криминалистика. Судебно-экспертная деятельность. Оперативно-розыскная деятельность
Статья в выпуске: 3 (94), 2020 года.
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Introduction: This article is devoted to one of the hotly controversial problems of forensic science and criminal justice - the problem of using hypnosis to uncover and investigate crimes. Despite the arguments of the supporters of the use of hypnosis in the practice of detecting and investigating crimes, the author of the article adheres to the position that, at present, in the absence of normative regulation of the use of hypnosis in investigative practice, it is premature to apply the latter, it is necessary to carefully develop the rules for its use and fix them in a legislative act. Materials and Methods: the methodological basis of the research is the general dialectical method of cognition. Logical, systemic, comparative legal research methods, as well as methods of analysis, description and generalization were used. Results of the Research: based on the analysis of normative and special literary sources, arguments were formulated that substantiate the impossibility of using hypnosis for the purpose of detecting and investigating crimes in the absence of a regulatory framework at the present time. Findings and Conclusions: it is concluded that in modern conditions the use of hypnosis in criminal proceedings in the absence of a legislative act formulating the rules based on which it is possible is excluded. In addition, the author of the article comes to the conclusion that even with proper legal regulation, the use of hypnosis in order to uncover and investigate crimes against suspects and accused is impossible.
Criminal proceedings, crime detection and investigation, hypnosis, hypnoreproduction, reproductive hypnosis, suspect, accused, victim, witness
Короткий адрес: https://sciup.org/143173231
IDR: 143173231 | DOI: 10.24411/2312-3184-2020-10070