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

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).