Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges

A study of the legal and psychological prerequisites for forming a system for counteraction to crimes against justice has been carried out. Such an approach allows not only to effectively investigate crimes against justice and properly qualify the committed socially dangerous acts, but also to neutr...

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Main Author: Михайло Валерійович Шепітько
Format: Article
Language:English
Published: Yaroslav Mudryi National Law University 2018-06-01
Series:Проблеми Законності
Subjects:
Online Access:http://plaw.nlu.edu.ua/article/view/129442
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author Михайло Валерійович Шепітько
author_facet Михайло Валерійович Шепітько
author_sort Михайло Валерійович Шепітько
collection DOAJ
description A study of the legal and psychological prerequisites for forming a system for counteraction to crimes against justice has been carried out. Such an approach allows not only to effectively investigate crimes against justice and properly qualify the committed socially dangerous acts, but also to neutralize or minimize the possibility of committing crimes against justice. Therefore, studies of the emotional condition and complex volitional acts of participants in the proceedings were necessary for the purposes of this paper. During the research, author is paid attention that judge in the period, when he/she make decision in the case, we could find signs of unprofessional activity – inattentiveness, superficiality, ignorance, fatigue, fear, which may affect the adoption of an erroneous decision. In order to establish whether such a decision was unlawful or false, it is necessary to establish the extent to which such a decision was a conscious judge, which the judge wanted to reach by such a decision. The return to a complex volitional act committed by a judge requires the implementation of a retrospective immersion into experience, accompanied by a court decision. Such an approach can be applied to the activities of other participants in the proceedings, but due to additional analysis of their procedural and / or professional status.
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spelling doaj.art-3f770092625643c8b3933954a3c409572022-12-21T23:01:22ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2018-06-01014116617410.21564/2414-990x.141.129442129442Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judgesМихайло Валерійович Шепітько0Yaroslav Mudryi National Law UniversityA study of the legal and psychological prerequisites for forming a system for counteraction to crimes against justice has been carried out. Such an approach allows not only to effectively investigate crimes against justice and properly qualify the committed socially dangerous acts, but also to neutralize or minimize the possibility of committing crimes against justice. Therefore, studies of the emotional condition and complex volitional acts of participants in the proceedings were necessary for the purposes of this paper. During the research, author is paid attention that judge in the period, when he/she make decision in the case, we could find signs of unprofessional activity – inattentiveness, superficiality, ignorance, fatigue, fear, which may affect the adoption of an erroneous decision. In order to establish whether such a decision was unlawful or false, it is necessary to establish the extent to which such a decision was a conscious judge, which the judge wanted to reach by such a decision. The return to a complex volitional act committed by a judge requires the implementation of a retrospective immersion into experience, accompanied by a court decision. Such an approach can be applied to the activities of other participants in the proceedings, but due to additional analysis of their procedural and / or professional status.http://plaw.nlu.edu.ua/article/view/129442crimes against justice, counteraction to crimes against justice, emotion, emotional condition, motive, motivation, participant of court (criminal) proceedings
spellingShingle Михайло Валерійович Шепітько
Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges
Проблеми Законності
crimes against justice, counteraction to crimes against justice, emotion, emotional condition, motive, motivation, participant of court (criminal) proceedings
title Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges
title_full Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges
title_fullStr Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges
title_full_unstemmed Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges
title_short Forensic psychological preconditions for forming a system for counteraction to the crimes against justice, committed by judges
title_sort forensic psychological preconditions for forming a system for counteraction to the crimes against justice committed by judges
topic crimes against justice, counteraction to crimes against justice, emotion, emotional condition, motive, motivation, participant of court (criminal) proceedings
url http://plaw.nlu.edu.ua/article/view/129442
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