Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF Верстка Криміналістика 2019 6.05. 169 179 Завантажень: 36, розмiр: 289.2 KB

DOI: https://doi.org/10.33994/kndise.2019.64.14

V. Tishchenko; O. Vashchuk

Non-verbal information is indicative. Most scientists believe that it can not be considered as a source of evidence and has only a tactical value. In general, we can agree with this, but the connection between non-verbal information and evidence exists that it is necessary to take into account and use in criminal proceedings. Non-verbal information may suggest where and what sources of evidence can be found (the corresponding human response to certain irritants from the investigator: logical arguments, presented objects or documents, evidence of accomplices, etc.); point to the attitude of a person to other participants in criminal proceedings, to the motives of the crime, etc. It can strengthen the evidentiary value of the testimony of a person or, conversely, enter into conflict with them.

Non-verbal information is an important component in the system of interpersonal communication and is closely connected with verbal information, forming a complex means of communication, significantly influencing the content, character, goals and results of investigative tactics.

Direct perception of non-verbal manifestations (appearance, non-verbal behaviour, manner of communication) along with linguistic (verbal) characteristics creates a certain image of the recipient and determines the range of tactical methods and psychological means of influence that will be most effective in this situation.

Proper decoding of non-verbal information should be based on the study of psychological and forensic literature. It would be desirable for criminalists and psychologists to jointly develop appropriate educational and methodical manuals, reference books, and for law enforcement agencies to introduce special courses on the basis of legal institutions to provide relevant knowledge and skills to practitioners in a comprehensive perception and use of verbal and non-verbal information.

Special attention in the study of non-verbal behaviour and other manifestations of non-verbal information should be paid to the methods of observation, analysis of verbal information and non-verbal manifestations in their comparison, as well as an emotional experiment to stimulate non-verbal behaviour.

It is advisable to use the results of studying non-verbal information in constructing tactics of investigative actions, psychological and forensic diagnostics of their participants, awareness of the circumstances of a crime, signs of giving false testimony. They may also influence the evaluation of evidence, increasing their strength or pointing out their possible fallacy.

In each case of an investigative action, it is necessary to consider whether it is advisable for a specialist psychologist to participate in it – a specialist in non-verbal information and its interpretation, as well as a joint analysis of such behaviour after the investigative action, which should be accompanied by video recording.

Key words: verbal information, non-verbal information, investigation (search) action, criminal proceedings, criminalistics.