 TEHNICI DE INFLUENȚĂ SOCIALĂ ÎN RELAŢIA ANCHETAT – ANCHETATOR. - DE LA REFUZUL RECUNOAŞTERII LA MĂRTURIE -Oana Mateescu ()
No 2011/346, Papers from Osterreichish-Rumanischer Akademischer Verein Abstract: How the judicial inquiry is conducted, how the samples are taken, how the suspected persons and witnesses are queried, it is essential to discover the offenders. Why fascination for the interrogation? Because beyond spectacular hypostasis of direct confrontation between the psychologist criminologist, prosecutor or police officer with the investigated, is certain that anyone outside the offender knows better what?, when?, how? etc. was planned to put into act and was completed in connection with the crime. Legal practice reveals a number of cases, situations and can approach the offender in relation to the seriousness of the crime committed, the degree of danger to society and the strength shown by it during the hearings. The need of keeping thorough knowledge of psychology lies in the importance of determining optimal management process used by investigator to obtain relevant information on the cause of the instrument. Judicial inquiry into modern criminologist psychologist is required to fulfill the following tasks: Identifying the useful, pertinent and relevant information of the circumstances of committing the crime and the individual offender; Appreciation of emotional balance of the offender in the context of interpersonal relationship and the challenges of the case; The correct identification of the auto reflexive offender capacity in the context of his involvement (mental perceptions, infant fixations , exemptions, etc) Practice the art theatrical game, mimicry empathy (transposition and role of escape), the art of listening, the art of silence, the art of knowing when and especially how to speak etc. To manifest interest, involvement and respect for the person questioned; To quickly identify and exploit the psychological moments created; To identify and correctly interpret indications of expressive behavior of the person questioned. Therefore, the techniques of psychology of social influence are imported from more than one set of rules that investigators should take into account. They provide an opportunity for penetration in offender’s mind, searching for his memories, his feelings and particularly his experience, in trying to find data and samples in order to administrate the justice and the truth. Addressing this complex issue of the use of social influence techniques in collecting information about the crime committed in order to discover the perpetrators, the following ideas come off: 1. the judicial inquiry conducted by the prosecution should be based solely on compliance with existing regulations in force; 2. the investigator must show honesty, patience, attention, insight and understanding on the one hand, and on the other hand must be able to avoid the professional deformation that may adversely influence the investigation; 3. to determine the simulated behavior of the accused, it is important that the investigator should be a fine observer; 4. the existing evidence should be managed so as to lead to elucidate the uncertainties of the unlawful act in order r to establish the offender guilt; 5. the procedures for the hearing of the accused must be determined according to the characteristics and peculiarities of the mental of the person that is heard; 6. only with proper training and access to the latest tactics for the determination of the accused to confess, investigator will be able to use the advantages that it confers its status and to prevent bottlenecks in the discovery of truth. The court aims to reconstruct objectivity the facts of the crime, because the court sentence amended must reflect the knowledge of the truth. Reconstitution of the facts is a common task of the prosecution and the trial courts in achieving this end. Defendant or witness is precious auxiliary of justice in that it provides their importance to establish the truth. The accused, the defendant which is facing the investigator goes through a state of powerful emotional disorder. The contact with an authority and in particular with the representatives of law is not the kind of puts the defendant in a soothing posture. Whether guilty or not, the person brought before justice is marked by this situation, all of this having an impact on his profession, his family and his social relations. Within the judicial interrogation, characterized by formality, polite attitude of the investigator, the court atmosphere created by the prosecution have a confusing effect on the accused, he`s often not aware about the evidence held against him. The previous unlawful activity, the frequent contacts that eventually he had to justice are causing the defendant, who stands in front of the criminal investigation, to approach if not an active attitude, at least one of expectation, waiting to get more information in connection with the charges and the evidence that incriminate him. In this kind of criminals emotion is harder to detect, but investigators agility, skill and ability to use subtle techniques of influence should highlight the nervousness and tension that even they felt. From the first contact, investigator must consider the accused's expressive behavior, the gestures that he makes, the mimic, the attitude they adopt relating with the situation in which they are located. The difficulty for the investigator is not to observe these details but to be able to offer a critical appreciation of them. Keywords: psychology (search for similar items in EconPapers) There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:ris:sphedp:2011_346 Access Statistics for this paper More papers in Papers from Osterreichish-Rumanischer Akademischer Verein Kuhn Platz 6 Wien. Contact information at EDIRC. |
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