Formation of the forensic approach to the study of non-verbal information in criminal proceedings

Author:Valerii Tishchenko - Olesia Vashchuk - Yuliia Hres
Position:Valerii Tishchenko - National University 'Odessa Law Academy', Ukraine, tishchenko@email.ua. - Olesia Vashchuk - National University 'Odessa Law Academy', Ukraine, ol_vaschuk@i.ua. - Yuliia Hres - National University 'Odessa Law Academy', Ukraine, yuliia@ua.fm.
Pages:628-643
SUMMARY

The article is devoted to the formation of theoretical basis of the forensic approach to the study of non-verbal information in criminal proceedings. The authors have carried out the analysis of different approaches to study of non-verbal information. Formulating the forensic approach to the study of non-verbal information will allow correct determining the content of such information, successful ... (see full summary)

 
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Formation of the forensic approach to the study of non-verbal
information in criminal proceedings
Professor Valerii TISHCHENKO1
Associate professor Olesia VASHCHUK2
Associate professor Yuliia HRES3
Abstract
The article is devoted to the formation of theoretica l basis of the forensic a pproach
to the study of non-verba l information in criminal pr oceedings. The au thors have car ried
out the ana lysis of different approaches to study of non-verba l information. Formulating
the forensic appr oach to the study of non-verbal information will allow corr ect determining
the content of such information, successful use of it in pr actice, which will ultimately
facilitate timely and complete disclosure of crimes. The purpose of the r esearch in the field
of non-verbal information is to develop new knowledge about the physiological and
psychological sta te of a per son in cr iminal proceedings. The ar ticle focuses on the
definition of the legal status of a non-verbal information specia list. The pr ovisions of the
current Criminal Procedure Code of Ukraine are analyzed. In or der to improve the legal
regulatio n, the conclusion about the necessity to a mend certa in norms of the main criminal
procedur e normative legal act of Ukraine is made.
Keywords: criminal pr ocedure of Ukraine, non-verba l information, crimina l
proceedings, specia list.
JEL Classification: K14
1. Introduction
The first forensic developments on non-verbal information appeared in the
50-60's of the XIX century, but they were episodic and most of them were in the
criminal procedural plane. The study of non-verbal information in criminal
proceedings as an independent approach was formed on the analysis and results of
the application of the two most famous approaches to the study of non-verbal
information, followed by the formation of an independent forensic approach to the
study of non-verbal information. Therefore, the purpose of this article is to
formulate the theoretical foundations of a forensic approach to the study of non-
verbal information in criminal proceedings.
Formation of a forensic approach will allow to correctly determining the
content of such information, to successfully use it in the practice of criminal
proceedings, which will ultimately facilitate timely and complete disclosure of
crimes.
1 Valerii Tishchenko - National University “Odessa Law Academy”, Ukraine, tishchenko@email.ua.
2 Olesia Vashchuk - National University “Odessa Law Academy”, Ukraine, olИvaschuk@i.ua.
3 Yuliia Hres - National University “Odessa Law Academy”, Ukraine, yuliia@ua.fm.
Juridical Tribune Volume 9, Issue 3, December 629
The need to use knowledge of non-verbal information in criminal
proceedings is explained, first of all, by the tendencies of theoretical developments,
and second, by the needs of practice. However, there are some debatable issues in
this area. In particular, the issue of non-verbal information specialist involvement
should be noted in this context. The development of provisions on non-verbal
information and the use of such data in criminal proceedings are covered in the
science of criminal procedure only fragmentary. At the same time, there is no
analysis of the procedural aspects of the non-verbal information specialist's
involvement in criminal proceedings. Therefore, the purpose of this article is to
analyze the provisions of the Criminal Procedure Code of Ukraine (hereinafter - the
CPC of Ukraine) regarding the involvement of a non-verbal information specialist
in criminal proceedings and to put forward proposals to improve these standards in
the CPC of Ukraine.
2. Methodology
In order to achieve the purpose of our research, we present as empirical
data the results of our questionnaire of investigators/prosecutors/judges/experts and
law students regarding their views on obtaining and using non-verbal information
in criminal proceedings. In total, 1470 persons were interviewed: 254 - judges, 288
- investigators, 388 - prosecutors, 19 - experts, 521 - students of higher legal
education in Ukraine (Lviv State University of Internal Affairs and National
University "Odessa Law Academy").
The questioning of judges/prosecutors/experts/investigators and students
included the following question: is it necessary to involve a non-verbal specialist in
criminal proceedings? The respondents' opinions have significant differences.
Investigators believe that such a need exists (148 persons), prosecutors (198
persons) support such an opinion, and experts are almost unanimous (13 persons)
that the participation of such a specialist is necessary in criminal proceedings
(already at the stage of pre-trial investigation). However, the majority of judges
(121 persons) do not consider it necessary for such a specialist to participate in
court proceedings. Students in the majority (385 people) consider necessary
participation of a specialist in non-verbal information in criminal proceedings
(Figure 1).

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