A posthumous psychological forensic examination is conducted during the investigation of cases of various categories. So, in criminal proceedings, a similar procedure is appointed when the fact of suicide is established or suspected of it. At the same time, specialists who are responsible for conducting such an examination should collect information about the possible emotional and psychological state of a deceased person in the period that immediately preceded death, and at the time of its onset.
A post-mortem forensic psychological examination (EIT) is also being conducted in relation to civil cases. She is appointed when the person who has committed a particular disputed action is dead. In this case, the court to make a fair decision requires the opinions of specialists in the field of psychological knowledge.
Reasons for
Posthumous forensic psychological examination is appointed:
- when verifying the fact of a violent death, if the investigation develops a version of a possible murder that is disguised as suicide, and vice versa;
- consideration of cases of succession to determine the testator's ability to recognize and understand the actions committed by him.
Features
A psychological examination is carried out in parallel with the pathological examination of the corpse. Partially, the tasks of these procedures coincide. This is the clarification of the causes of death themselves, and the detection of the deceased’s diseases, etc. However, the issues of psychological examination are more extensive. Moreover, they pursue not only medical purposes. The fact is that, as a rule, a psychological examination is conducted in a criminal process. And therefore, it is designed to answer questions about what is the psychological portrait of a person and the reasons that provoked a person to certain actions.
Complexity of research
Conducting a forensic psychological examination posthumously is not an easy task. First of all, because in its implementation there is no test subject. The mental state of the object of study can be understood only by written evidence and by the facts gathered. This fact largely explains the fact that the posthumous psychological forensic examination is very laborious and complex.
In addition, the specialist has only written forms of evidence. They cannot fully determine the psychological state of the test person. The list of such documents contains medical certificates and medical records of the patient, as well as notes containing standard phrases in their text.
A post-mortem forensic psychological examination is often carried out in order to identify a citizen's incapacity in terms of managing his actions and understanding their significance. This behavior is associated with a particular disease that caused impaired consciousness. However, during his lifetime, the attending physicians do not attach much importance to the depth and form of the mental disorder taking place. With the patient's calm behavior, doctors indicate on the card only the general condition of the person.
In addition, a posthumous psychological forensic examination is based on witness statements and documents. These data due to various objective and subjective reasons can be extremely contradictory. So, some witnesses are sometimes personally interested in directing the case in one direction or another. This explains the presence of subjective reasons. Some contradictions in the views can be observed in doctors who were in direct contact with the patient. This explains the differences of an objective nature.
It is worth saying that the methodology by which a posthumous psychological forensic examination is carried out has not yet been properly developed. And this despite the ever-increasing need for such research, for example, because of the fraud of fraudsters who choose older people as the object of their criminal actions.
Post-mortem SPE facility
The appointment of a forensic psychological examination becomes necessary when determining the citizen's legal capacity and the adequacy of his actions.
The objects of the posthumous EIT are:
- physical and mental health of the deceased (during life);
- testimonies of witnesses;
- characteristics of the circumstances of death;
- probable causes of deviation in behavior;
- characterization of the personality of the deceased.
Consideration of factors leading to death
The most important object of the posthumous EIT is the physical health of the deceased during life. This factor, as a rule, characterizes and determines (in most cases) the actions of the person under study.
The basis of the study are psychological disorders. In most cases, it is they that lead to one or another deviation in the patient's behavior. These pathologies include:
- lissencephaly;
- Alzheimer's disease;
cerebellar hypoplasia;
- intracerebral hemorrhage;
- leukomalacia;
- posotonic reactions;
- multicystic encephalomalacia;
- carotid paralysis;
- Rasmussen encephalitis;
- fatal insomnia.
Further, the expert examines the mental health of the deceased. In this case, the following shall be taken into account:
- third party certificates;
- observation by a psychiatrist;
- registration;
- recorded facts of mental disorders.
After the study, the expert begins to work with eyewitnesses. He interviews friends, relatives and colleagues of the deceased. Based on the results of the work done, they are given a description of the actions and actions of a person who has passed away.
The conducted studies allow us to compile a psychological portrait of the personality and determine the presence of possible deviations. In addition to the citizen’s health, the expert studies the circumstances in which the situation in question occurred in order to increase psychophysical loads and extremes. The specialist fixes irritating factors that provoked a person to a certain action.
Tasks
A posthumous psychological examination is conducted to investigate either alleged or already confirmed suicides. It so happens that the fact of suicide by investigators is not clearly established. In such cases, the post-mortem EIT is necessary to clarify the circumstances of the fatal outcome and determine its causes.
Sometimes the fact of suicide is obvious. In this case, the experts are tasked with determining the state of a deceased person during a certain period of time that preceded suicide. Such studies allow us to study the phenomenon of suicide. This will allow developing a preventive action plan to prevent such cases.
A posthumous psychological examination is also ordered when a corpse is discovered without any visible signs of violence. Such studies are initiated by the investigation or the judiciary. Sometimes a posthumous EIT is prescribed at the request of interested parties. They can be relatives, friends, etc. In such cases, the expert is set specific tasks before the start of the study and a list of questions is offered, to which he must give an exhaustive answer.
So, studies are designed to:
- establish the psychological state of the deceased;
- find those factors that have become a possible cause of death;
- identify the true causes of death;
- establish the actions of other people who pushed the citizen to suicide;
- determine the sanity of a citizen at the time of his departure from life.
Classification
There are various types of forensic psychological examination performed posthumously. It is classified by the composition of the appointed team of specialists. So, there is an examination:
- forensic psychiatric;
- forensic psychiatric commission;
- comprehensive sexo-psychiatric judicial;
- integrated forensic psychiatric;
- psychological-sexological-psychiatric judicial complex.
Appointment of a posthumous EIT in civil cases
Post-mortem forensic psychological examination provides answers to many questions. But the main and at the same time the only reason for her appointment is to determine the degree of sanity of a person at the moment when he committed a particular act, considered in court. In addition to criminal cases, the scope of proceedings is often inheritance law. Examination is necessary in cases where potential and future heirs dispute the will and actions of the deceased testator. Moreover, the court cannot objectively and in a short time establish causal relationships of the existing circumstances. In such cases, you have to turn to specialists. The issues of psychological examination in this case are to determine:
- psychological characteristics and state of personality at the moment when the controversial act was committed;
- all the nuances of psychological processes taking place in this situation;
- the presence of a particular emotional state of a person under the influence of certain factors.
Experts consider issues of not only mental, but also physical aspects of the impact on the actions and decisions of the deceased person. In addition, the age group of the deceased is taken into account. Conclusions made by experts are sent to the judicial authority and can significantly change the alignment of positions of the parties.
Non-procedural sources of information
All documents described above are provided to the expert by the investigator or the court. But there are also non-procedural sources from which the researcher obtains the information necessary for himself.
These include standards and standards, reference publications and file cabinets, instructions and guidelines. A specific set of such sources is determined depending on the specific task and the professional level of the specialist.
Conclusions of the posthumous EIT
Regardless of what types of psychological examination were used to consider each specific case, the specialist is not always able to unequivocally answer the questions posed to him. What does it mean?
The court will interpret the conclusion given to it as the impossibility of obtaining both direct and indirect evidence of whether certain factors affected the actions and decisions of the deceased during his lifetime. The conclusions of the examination will be considered as presumptive and advisory in nature.
The conclusion
After conducting a post-mortem psychological examination, a specialist draws up an appropriate act. This is an independent document, which is a source of judicial evidence. An act drawn up by experts is evaluated in parallel with other evidence available to the investigation. It contains facts that are of paramount importance for making the right decision in the present case.
In the act drawn up by the expert, the reasons for the need for this study are stated, and the objects of study, the course and the results obtained as a result of the work are indicated. All conclusions in this document should not be unfounded. All of them are supported by appropriate justifications. In addition, the expert does not have the right to go beyond his specialized knowledge. He should give answers only to those questions that fall within his competence, and do so in a categorical form. Probable assumptions are allowed only in those matters that relate to the cause-effect relationship between the person under investigation and his actions in the presence of mental disorders in a person.
Credibility
Those conclusions made by a specialist as a result of a post-mortem psychological examination may not always be fully understood. Research can give the true answer only if the evidence is documented, and there are also witnesses confirming the circumstances stated on paper.
Post-mortem EIT Act Assessment
To express this or that opinion on the expert opinion drawn up is the competence of lawyers. Sometimes an act is evaluated as part of a re-examination ordered by the court.
But be that as it may, all the provisions set out in the conclusion must meet the requirements of existing legislative acts and the level at which modern expert practice and theory are.