Some aspects of specific forensic examinations in respect of underage suspects

Oleksandr Bandurka; Olena Ustymenko; Iryna Panova; Anastasiia Klymenko

Oleksandr Bandurka National Academy of Law Sciences of Ukraine, Department of Theory and History of State and Law of the Faculty No. 1, Kharkiv National University of Internal Affairs; Ukraine https://orcid.org/0000-0002-0240-5517
Olena Ustymenko International cooperation department, Kharkiv National University of Internal Affairs; Ukraine. https://orcid.org/0000-0002-5169-0123
Iryna Panova Department of Law Enforcement Activity and Policeistics, Kharkiv National University of Internal Affairs; Ukraine. https://orcid.org/0000-0003-4325-5428
Anastasiia Klymenko Department of Labor Law and Economic Law, Kharkiv National University of Internal Affairs; Ukraine. https://orcid.org/0000-0001-9587-5827

Keywords: Comprehensive psychological and psychiatric expert examination, forensic examination, juvenile suspect, psychological expert examination.

Abstract

It has been emphasized that while investigating criminal offenses committed by minors, special attention is paid to the appointment of forensic examinations, in particular, comprehensive psychological and psychiatric examination and psychological examination. An investigator, a prosecutor should know which of these examinations is appropriate to appoint and what questions should be put to the expert for decision. If the questions are worded incorrectly or not fully, then this will lead to the expert’s findings, which do not help in establishing the truth and do not disclose all necessary information about juvenile suspects.

Taking into account the provisions of the Art. 486 of the Criminal Procedural Code of Ukraine, we’d like to emphasize that psychological and psychiatric examination is appointed in cases where there are grounds for it, namely the determination of a juvenile suspect’s mental illness or a delay in mental development and his ability to fully or partially realize the importance of his actions and to guide them in a specific situation. If criminal proceedings materials indicate on the decrease of a minor’s level of development, as well as in order to clarify the socio-psychological traits of a minor, it is necessary to conduct psychological examination.

The methodology of the research is based on a systematic approach, determined by the specifics of the article’s topic and related to the use of general and special research methods. The comparative and legal method and the method of legal analysis have been used in the study of legislative norms regulating the procedure of the appointment of forensic examinations. The formal and logical method has been used to differentiate the criteria of the subject matter of comprehensive psychological and psychiatric examination and psychological examination, which are assigned in regard to juvenile suspects.

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Author Biographies

Oleksandr Bandurka, National Academy of Law Sciences of Ukraine, Department of Theory and History of State and Law of the Faculty No. 1, Kharkiv National University of Internal Affairs; Ukraine

Doctor in Law, Professor, Honored Lawyer of Ukraine, member of the National Academy of Law Sciences of Ukraine, professor of the Department of Theory and History of State and Law of the Faculty No. 1, Kharkiv National University of Internal Affairs; Ukraine

Olena Ustymenko, International cooperation department, Kharkiv National University of Internal Affairs; Ukraine.

PhD in Law, Head of international cooperation department, Kharkiv National University of Internal Affairs; Ukraine.

Iryna Panova, Department of Law Enforcement Activity and Policeistics, Kharkiv National University of Internal Affairs; Ukraine.

PhD in Law, Associate Professor, Head of the Department of Law Enforcement Activity and Policeistics, Kharkiv National University of Internal Affairs; Ukraine.

Anastasiia Klymenko, Department of Labor Law and Economic Law, Kharkiv National University of Internal Affairs; Ukraine.

PhD in Law, Associate Professor of the Department of Labor Law and Economic Law, Kharkiv National University of Internal Affairs; Ukraine.

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