整合:未成年人刑事诉讼专业知识研究所发展的趋势

A. Medvedeva
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引用次数: 0

摘要

本文认为,在涉及未成年人的刑事诉讼中,复合是专门知识制度产生的一个重要趋势。所研究的现象被定义为一个人将两种或两种以上程序职能和/或特殊知识结合起来,对刑事案件的重要情况和未成年人的个人特征进行多边评估。确定并介绍了在涉及未成年人的刑事诉讼中形成国内专门知识机构的四个历史阶段。结论是,该机构已经走过了一条发展之路,从少数知识渊博的人的情境参与,到执法人员自己使用特殊知识,再到知识丰富的人的选择性参与,再到制定全面考试的既定做法(委员会不是强制性财产)各种知识渊博的人的积极参与,特别是教师和心理学家。考虑到刑事诉讼中少数参与者的实际情况,以及他们的个人特征(心理生理、文化、宗教、语言和其他),需要结合程序职能和(或)特殊知识。介绍了该文作者在法律科学候选人E.V.Elagina博士的指导下进行的一项实证研究的结果(对161名调查人员和116名检察官进行的关于知识渊博的人参与涉及未成年人的刑事案件审前程序的问卷调查);研究表明,在大多数情况下,受访者注意到心理学家在儿童和青少年调查行动中的主导作用。还指出,传统上由教师履行的职能不符合他参与刑事诉讼的目标,因此有必要排除这种参与的可能性。得出的一般结论是,在复合时,应首先考虑特殊的心理知识,因为心理学家有能力评估一些对刑事诉讼具有重要意义的现象(例如,未成年人的情绪和行为反应)。作者提出了一种在涉及未成年人的刑事诉讼中最佳整合程序职能和/或特殊知识的方法——由执法人员使用特殊知识,或由一名知识渊博的人结合两种或多种职能。结果表明,所提出的方法将减少与未成年人接触的人数,并减轻其心理负担。
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Integration as a Trend in the Development of the Institute of Special Knowledge in Criminal Proceedings Involving Minors
The article considers complexing as a significant trend in the genesis of the institution of special knowledge in criminal proceedings involving minors. The phenomenon under study is defined as the combination by one person of two or more procedural functions and/or special knowledge to provide a multilateral assessment of the circumstances important for the criminal case and the individual characteristics of the minor. Four historical stages of the formation of the domestic institution of special knowledge in criminal proceedings involving minors are identified and presented. It is concluded that this institution has gone the way of development from the situational involvement of a few knowledgeable persons through the use of special knowledge by law enforcement officers themselves with the optional involvement of knowledgeable persons to the established practice of producing comprehensive examinations (in which the commission is not a mandatory property) and the active involvement of various knowledgeable persons, in particular, a teacher and a psychologist. Actual situations are considered in which the minority of the participants in the criminal process, along with their individual characteristics (psychophysiological, cultural, religious, linguistic and others), entails the need to combine procedural functions and / or special knowledge. The results of an empirical study conducted by the Author of the article under the guidance of Candidate of Legal Sciences, Docent E. V. Elagina (questionnaire survey of 161 investigators and 116 prosecutors on the involvement of knowledgeable persons in pre-trial proceedings in criminal cases involving minors) are presented; it is shown that in most cases respondents note the leading role of a psychologist in the production of investigative actions with children and adolescents. It is also noted that the functions traditionally implemented by the teacher do not meet the goals of his involvement in the criminal process, and therefore it is necessary to exclude the possibility of such involvement. A general conclusion is made that, when complexing, the first place should be given to special psychological knowledge, since it is psychologists who are competent in assessing a number of phenomena significant for criminal proceedings (for example, emotional and behavioral reactions of minors). The Author proposes a method for optimal integration of procedural functions and / or special knowledge in a criminal process involving minors – the use of special knowledge by a law enforcement officer or the combination of two or more functions by one knowledgeable person. It is shown that the proposed method will reduce the number of persons in contact with a minor and reduce the psychological burden on him.
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