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Ministry of Education and Science of the Republic of Kazakhstan

Karaganda State University named after E.A. Buketov

COURSE WORK

Discipline: Legal psychology

On the topic: “Psychological contact of law enforcement officers with citizens: methods of establishment and maintenance”

Completed:

st gr. PS-15

Abisheva S.

Checked:

teacher

Umarkulova M.M.

Karaganda - 2010

Introduction

Chapter 1. The concept and meaning of psychological contact.

Chapter 2. Ways to establish psychological contact at certain stages of investigative actions.

2.1 Entering into contact interaction.

2.2 Formation of a situational attitude towards contact interaction. Information exchange.

2.3 Lawful mental influence of a law enforcement officer on an interrogated person

List of sources used:

Introduction

The main task of law enforcement agencies is the fight against crime, the success of which largely depends on the qualifications of investigators and their skillful conduct of investigative actions.

An integral part of the activities of law enforcement agencies is the communication of a law enforcement officer with persons involved in the case, where the interlocutors not only transmit and receive information, but also interact, interact, study, influence each other, and defend their interests.

Stendhal has a saying: “The ability to conduct a conversation is a talent.” It is necessary to prepare for each meeting individually, carefully considering how to conduct it, taking into account the individual characteristics of the “future interlocutor” and the desired results of communication.

The most important aspect of the relationship between two people is psychological contact. It arises when it is necessary to carry out joint activities during communication.

Psychological contact is the investigator’s manifestation of mutual understanding, respect for the goals, arguments, and interests of the participants in the preliminary investigation, leading to mutual trust and assistance to each other. Most often, this is a certain, as they say, consensus - an agreement, agreement, and very rarely - unlimited trust, as happens in friendship. However, establishing such contact is very important, since finding a “thread to a person” and pulling on it is often the beginning of major success.

The procedural rules for conducting investigative actions are of a general nature and do not define methods for establishing psychological contact. In each individual case, this role is played by various tactical techniques developed by investigative practice and the science of criminology and legal psychology. It is impossible to develop a certain strict algorithm, following which is guaranteed to ensure the establishment of psychological contact in any conditions.

It makes more sense if the investigator owns an arsenal of psychological techniques and rules and wisely, based on the actual developing communication situation, selects from them the necessary and most effective ones for this particular moment.

The lack of psychological contact between the investigator and those involved in the case is often the root cause of the termination of criminal cases and incomplete disclosure of crimes.

Psychological contact is a necessary element of a number of investigative actions: interrogation, confrontation, investigative experiment. Testimony obtained at this stage is the main investigative basis, making it possible to bring the perpetrator to criminal responsibility.

Consequently, psychological contact is an important link in the complex chain of implementing the tasks of criminal proceedings.

The methodological basis of the research on the topic of the work was the theoretical positions of prominent scientists. R. S. Belkin, A. N. Vasilyev, A. V. Dulov, G. G. Dospulov, G. A. Zorin and others wrote about the need to establish psychological contact. The problem of psychological contact has been covered in fragments, mainly in relation to interrogation.

The purpose of the work is an attempt to generalize, systematize knowledge about the nature of psychological contact as a deep, multifaceted and complex phenomenon, analyze it in relation to the stages of formation, determine the most optimal and effective ways to establish psychological contact during the preliminary investigation, possible attempts to eliminate opposition from the persons involved in the case .

The central place in the work is given to the problem of establishing psychological contact during interrogation, which is in many cases the first and main “point of contact” between a law enforcement officer and persons involved in the case. The results of such contact are used in the process of other investigative actions - such as identification, confrontation, investigative experiment and verification of testimony on the spot, the specifics of which are also reflected in the work.

Chapter 1. The concept and meaning of psychological contact

A central place in the work of a law enforcement officer is the practice of communicating with people. "Communication is a form of interaction between people, consisting in the exchange of information. Communication is included in joint activities, interaction, providing a solution to the tasks facing it. Communication is a psychologically delicate matter. When communicating, people come into contact with each other, contacting each other" .

In a broad sense, contact refers to the contact of people. With this understanding, any communication is contact. In many types of activities, in legal too, when speaking about contact, they often mean psychological contact. To solve common problems in communication, people need not just the proximity of their bodies, but the proximity of goals, thoughts, and intentions. This is what is meant when they talk about mutual understanding and psychological closeness. The effectiveness of the preliminary investigation largely depends on the ability to correctly and optimally set up relationships with the suspect, accused, witnesses, victim, i.e., timely establish psychological contact with them.

The concept of “psychological contact” is quite multifaceted, so criminologists and psychologists approach its definition from different positions.

In investigative practice, it is especially important to prepare a law enforcement officer to communicate with persons involved in the case. Having previously become familiar with the personal characteristics of each person involved in the case, the characteristics of his behavior, lifestyle, range of needs and interests, the investigator predicts not only his actions, but also the possible reactions of his communication partner to them, providing for the positions of these persons in relation to the circumstances of the case, significant for investigation, develops strategy and tactics for solving investigative problems.

Communication between a law enforcement officer and accused suspects, victims and witnesses is largely formalized and is determined by procedural requirements. Both the law enforcement officer and each of these individuals have their legal status clearly defined.

In psychology, contact is understood as a case of communication with feedback. Communication assumes a two-way nature of the relationship, where the investigator and the interrogated are the addressee and the addressee. Therefore, not only the investigator influences the processes of communication with the interrogated person, the dynamics of the development of their relationship.

However, a number of authors (M. I. Enikeev, A. B. Solovyov) note that interpersonal communication during the preliminary investigation is not an ordinary two-way process. It is unilaterally directed by the power initiative of a law enforcement officer within the framework of criminal procedural norms. The formality inherent in this type of communication greatly complicates and constrains the psychological activity of those involved in the case and requires communicative flexibility from a law enforcement officer and the use of special means of enhancing communication. The investigator strives to obtain as much information as possible, although up to a certain point he hides his knowledge of the case.

Despite the fact that interrogation from the very beginning presupposes inequality in the exchange of information, a certain compulsion in the direction of the interrogated’s thought processes, the transfer of information on the part of a law enforcement officer is always extremely minimized, it is clearly determined in each specific case by the goals of the investigative action, talking about the one-sidedness of psychological contact it is forbidden. Since the one-sided nature contradicts the very concept of “contact”, which means interaction in work, coordination of actions.

According to M.I. Enikeev, any formal-role communication has an individual style that ensures its success or failure. He calls such communication communicative contact. M. I. Enikeev understands psychological contact as an emotionally positive relationship based on common interests and unity of goals of communicating persons. “Since in legal proceedings the participants in a criminal case do not have a constant unity of goals and interests, it is advisable to replace the term psychological contact with the term “communicative contact”, which exempts from the mandatory search for common interests and goals, mutual emotional and psychological experiences in the conditions of the preliminary investigation.”

The term “psychological contact” should not be replaced with “communicative contact”, in my opinion, because “simple communication” (exchange of information) without taking into account the psychological characteristics of the interlocutors when establishing contact in the communication process is impossible.

Yu. V. Chufarovsky defines psychological contact as the process of establishing, supporting and developing the mutual attraction of communicating people. The success of establishing psychological contact is largely due to the harmony of human relationships and the development of psychological connections between those communicating. If people develop trust or interest in each other, we can say that psychological contact has been established between them.

N. I. Porubov defines psychological contact as “a system of interactions between people in the process of communication based on trust; an information process in which people are willing and able to perceive information coming from each other. Psychological contact is also a process of mutual influence, empathy and mutual understanding ". This definition gives a much deeper and more complete idea of ​​the nature of psychological contact, but at the same time absolutizes the sought-after concept.

Later N.I. Porubov notes that psychological contact is a special kind of relationship between a law enforcement officer and participants in a criminal trial, characterized by the desire of the law enforcement officer to maintain communication in order to obtain truthful, accurate and complete testimony relevant to the case.

Psychological contact is not a means of resolving all contradictions. It helps to overcome the barrier of alienation and create an environment in which people can and want to perceive information coming from each other.

G. G. Dospulov notes that “psychological contact between the investigator and the witness, the victim takes place only when their goals and objectives coincide or at least do not contradict each other.” The same applies to the suspect (accused) when communicating in a conflict-free situation. But in investigative practice there are cases when the investigator, defending his erroneous, biased version, “pushed” the accused into a conspiracy or he himself was “led by the lead.” On the basis of such a unique merging of interests between the participants in the criminal process, a conflict-free relationship can be established, outwardly similar to psychological contact. In this case, the investigator receives a “candid” confession and “solves” the crime, while the unscrupulous interrogated person achieves his antisocial goals. Here there is only external interaction between the interrogation participants, despite the opposite objectives that they pursue. Facts of this kind are possible when procedural norms are violated. Such violations cannot lead to finding out the truth in the case and achieving the objectives of criminal proceedings. That is why psychological contact cannot be reduced only to the desire of a person to enter into communication with the investigator and give him evidence. For psychological contact, the subjective opinion of a law enforcement officer is not enough, because the latter may turn out to be erroneous.

According to A. A. Zakatov, psychological contact is “the state of the business situation that is firmly established during the interrogation process and the trust of the interrogated person in the interrogator, including the willingness of the first to report everything known to him in the case and the readiness of a law enforcement officer to effectively use tactical methods within the framework of the criminal procedural law receiving and recording readings."

A.V. Dulov understands the establishment of psychological contact as a purposeful, planned activity to create conditions that ensure the development of communication in the right direction and the achievement of its goals. Psychological contact achieves its goals only if the psychological processes that naturally develop in a person before entering into communication are taken into account. Here A.V. Dulov points first of all to the process of psychological adaptation, which in turn distinguishes social adaptation (awareness and adaptation to a new social role in communication), personal adaptation (cognition and adaptation to the personality of the subject of communication), situational adaptation (addiction to the conditions, subject, goals of communication).

The adaptation process is associated with the subject’s experience of performing a similar social role, his knowledge of the subject, purpose and, most importantly, the interlocutor in communication. People sometimes instinctively, and often consciously, strive to facilitate upcoming communication and therefore strive to predict it - to collect information about its purpose, about the personal qualities of the communication partner. Therefore, the investigator and prosecutor are always the object of close scrutiny by witnesses, victims and especially the accused. All information coming from a law enforcement officer is perceived with keen attention. The significance of this information can be greatly enhanced by the subject, and this in turn can lead to a change in the direction of communication, to a change in its activity. Hence the conclusion that all information transmitted at the stage of establishing psychological contact (verbal, personal) should help facilitate psychological adaptation. The basis for establishing such contact is the actualization of an emotionally significant subject of communication, which causes the mental activity of the communicating persons. Its establishment is largely ensured by the correctly chosen tactics of the investigative action itself, based on the study of the individual characteristics of the individual, the materials of the criminal case, as well as the communication abilities of the law enforcement officer.

Psychological contact must be maintained not only during an interrogation or other investigative action, but also in the future during the preliminary investigation. It is possible that the established contact may be lost or, conversely, the lack of trust at first will be replaced by strong contact. It follows from this that psychological contact is not a separate stage of interrogation and not a tactical technique, but a tactical operation that accompanies the entire course of interrogation.

There are no and cannot exist ready-made schemes for establishing psychological contact with all participants in the criminal process. In each case, it is necessary to take into account the individuality of the individual.

Even Hans Gross once wrote: “A witness to an inept investigator will either say nothing, or will show something that is not entirely significant or completely incorrect, and the same witness will truthfully, accurately and in detail show the investigator who can look into his soul, understand him and will be able to deal with him."

So, we can conclude that the basis of the process of establishing contact is the exchange of information. That is, contact in investigative practice is communication, the relationship between the persons involved in the case. When forming contact, there is a struggle for psychological initiative in interaction. At the same time, each of the partners (participants in the investigative action) strives to think for the other and takes a set of actions in order to have a tactical gain in this interaction. Therefore, the formation of psychological contact, in the reasonable opinion of A.R. Ratinov, contains elements of psychological struggle, which is one of the aspects of an individual psychological approach that presupposes humanity, sensitivity and correctness in relation to the person under investigation. The investigator essentially participates in the struggle that takes place in the human soul.

A prerequisite for the formation of psychological contact with participants in criminal proceedings are the professionally important qualities of a law enforcement officer. They, in turn, are determined by the peculiarities of investigative activity as a profession, namely: state and political nature, its legal regulation, opposition from interested parties, the presence of power, maintaining official secrets, the originality of the socio-psychological atmosphere of the investigation, diversity and creative character, a peculiar combination of collective and creativity, lack of time, educational influence, increased responsibility and procedural independence.

"In terms of the focus of his activity, a master investigator is similar to an experienced surgeon. Society has given both of them enormous rights. The surgeon with his scalpel invades the holy of holies - the living body. There the surgeon excises a malignant tumor for the benefit of the person, to preserve healthy tissue, to save his life. Employee Society has endowed law enforcement agencies with perhaps even greater rights: he can arrest, search... but most importantly, the investigator, in the interests of society and in the interests of the individual himself, can invade the intimate, spiritual world of a person and does this in accordance with the requirements of the law. Establishing psychological contact. no less difficult than a surgical operation. Here, two different worldviews, two wills, two tactics of struggle, different interests, etc. collide. Special scientific knowledge in the field of psychology and forensic tactics and skill, manifested in professional skills, help the investigator to win this fight. conducting dialogue. The literature identifies three groups of professional qualities of a law enforcement officer.

1. Intellectual qualities. These include discursive and intuitive thinking. Discursive thinking works in a strictly limited area, when it is known what needs to be proven and the material necessary for logical processing has been collected. Discursive thinking is accompanied by logical formulations. Intuitive thinking is an obligatory element of investigative creativity; it is a kind of culmination of the creative process, “a kind of crest of a wave, where both retrospective and perspective are fully and holistically presented.”

2. Basic characterological qualities: persistence, independence, patience, self-control, integrity, consistency, purposefulness, determination, initiative, courage.

3. Psychophysiological qualities of a law enforcement officer: emotional balance, the ability to concentrate, psychological endurance, a significant amount of attention, its rapid switchability, quick orientation in new conditions, the ability to work under extraneous stimuli.

In my opinion, success in the process of establishing psychological contact largely depends on whether the investigator has such a character trait as sociability. The investigator must be able to make a secretive, silent person by nature talk, restrain a talkative person, find an approach to a child, an old person, or an illiterate person. To achieve these goals, knowledge of the psychology of the persons being interrogated will not be enough. Here it is important to easily come into contact with strangers, win the person over and start a conversation with him (See diagram 1.1 and 1.2).

Establishing contact means optimally facilitating the subsequent communication process. The activities of a law enforcement officer in the formation of psychological contact are subordinated to a number of goals. The main goal of establishing psychological contact with the interrogated person is to obtain truthful and complete information about the circumstances of the crime under investigation, as well as to transfer contact relationships to other investigative actions: checking testimony on the spot, investigative experiment, confrontation, identification. Another goal, determined by the objectives of the criminal process, is to establish the causes and conditions conducive to the commission of a crime.

The purpose of forming psychological contact is also to provide psychological assistance to persons involved in the case. Often the psychological trauma experienced by the victim is more severe than the physical trauma. Both a witness to a crime and even a criminal can experience the effects of mental trauma. In some cases, a criminal commits a crime under stress, physiological affect, or through negligence. In addition, the fact of detention, arrest, initiation of a criminal case, loss of previous social status have a psycho-traumatic effect on a person who, in connection with this, avoids contact with the investigator, “withdraws into himself”, and refuses to testify. In this case, the investigator can use the work methods indicated in the second chapter of the work.

Depending on the purpose of communication - exchange of information, joint solution of a problem, educational impact, etc. - the specific goals that need to be achieved when establishing contact also change. A. V. Dulov identifies the following goals:

1. ensuring the active psychological attitude of the subject in the upcoming communication;

2. removing prejudice and wariness from the subject of communication;

3. facilitating the process of psychological adaptation.

Psychological contact can be considered established if the necessary conditions have been created for the best manifestation of all elements of psychological communication (transmission sources, transmission channels, channels for receiving information, its processing).

It is necessary to arouse the psychological activity of the subject so that he is able to correctly perceive information, actively process it and transfer it to the investigator.

Establishing psychological contact is necessary, first of all, so that the participant in the criminal process is disposed to perceive the law enforcement officer, has the desire and determination to truthfully talk about all the circumstances of interest to the investigation. The functions of establishing psychological contact are varied.

The main one - tactical - is to create an environment for obtaining reliable information. The heuristic function of contact is to activate the mental activity of a person and direct it in the direction necessary for the purposes of the investigation. The control function is of great importance - obtaining the ability to compare what is received with what is already in the case. The emotional function of contact is that the investigator, acting on the interrogated person with his confidence, infects him with his optimism. The moral and ethical function of contact is the ability to win over the interrogated person, gain his trust and obtain truthful testimony.

For interrogation, the most characteristic is the moral, ethical and emotional function of establishing contact. To check testimony on the spot, confrontation and investigative experiment - a controlling function, where contact develops into a working period and the task of a law enforcement officer is to constantly support it.

G. A. Zorin presents the process of forming psychological contact in the form of five stages, each of which corresponds to various forms of activity of a law enforcement officer. This classification was given by Zorin regarding interrogation.

First stage: diagnostics of the personal qualities of the future interrogated person.

1.1 collection and analysis of information about the future interrogated person;

1.2 identification of personal characteristics characterizing the possible state and position of the interrogated person;

1.3 formulation of questions and preparation of optimal tactics aimed at forming psychological contact and obtaining complete and truthful testimony.

The second stage is entering into contact interaction:

2.1 meeting the interrogated person;

2.2 conversation on a topic unrelated to the crime under investigation;

2.3 formation of initial contact.

The third stage is the formation of the interrogated person’s situational attitude towards contact interaction at the beginning of the interrogation:

3.1 deepening knowledge about the person being interrogated by asking additional questions about family, merits, profession, and other circumstances characterizing the personality of the person being interrogated. It is advisable to carry out these actions during the process of recording personal data in the interrogation protocol;

3.2 objectification of the personality of a law enforcement officer, consisting of conveying to the interrogated some information about himself and his attitude towards the positive qualities of the interrogated.

Fourth - stage of contact interaction during the main part of the interrogation (reflective stage):

4.1 the formation of contact relationships in the form of a free story from the interrogated;

4.2 strengthening psychological contact in the process of asking a series of questions aimed at obtaining complete and truthful testimony.

The fifth stage is the stabilization of psychological contact at the end of the interrogation:

5.1. approval by the investigator of the position taken by the contact interrogated when reading and signing the interrogation protocol;

5.2. tactical actions aimed at strengthening contact relationships in subsequent investigative actions with the participation of this person.

The above classification of stages is considered in relation to a special case - interrogation. To analyze communication as a whole, a number of stages proposed by A.V. Dulov deserve attention, which transform into one another in the general course of communication:

- forecasting and planning upcoming communication;

- visual-kinesthetic (non-speech communication);

- establishing psychological contact during the exchange of verbal information;

- exchange of speech and other information to obtain the intended purpose of communication;

- mental analysis of the progress and results of communication.

As for contact, its development between people goes through three stages:

1) peer assessment;

2) mutual interest;

3) separation into a dyad.

In the process of assessment, external perception of each other and the formation of a first impression take place. Having met each other, people subconsciously predict the outcome of the contact. The result of mutual evaluation is entry into communication or “refusal” from it. It has been proven that when one person sincerely wants to understand another, the latter, as it were, allows this person into the world of his experiences.

As part of the general process of communication development, A.V. Dulov also identifies several stages in establishing psychological contact, similar to the stages of communication development.

1. Forecasting communication and the process of establishing psychological contact.

2. Creation of external conditions that facilitate the establishment of contact.

3. Manifestation of external communicative properties at the beginning of eye contact.

4. Study of the psychological state, the subject’s attitude towards the communication that has begun.

5. Actions to eliminate obstacles to communication.

6. Arousing interest in the development of action during upcoming communication.

In the working mode of establishing psychological contact, in my opinion, the following stages can be distinguished:

1. Establishing emotional and psychological contact;

2. establishing working contact and maintaining it;

3. checking the effectiveness of the contact.

The depth of contact is usually related to the level at which it occurs. Experienced investigators change various parameters of the conversation and use certain tactics depending on the individual characteristics of the individual.

The first level of contact is dynamic. These are tempo, rhythm and tension level. If we use a musical analogy, this is a drum and double bass part in a piece of music, the rhythm of which will subsequently be overlaid with a melody, i.e. the content of communication. The first level of contact is associated with such temperamental characteristics of the nervous system as strength, mobility and balance.

The second level of contact in communication is the level of argumentation. It has long been known that the same arguments have different effects on different people. The investigator selects arguments taking into account the age of the interrogated person, his specialty, intelligence, and life experience.

Finally, the third level is the level of socio-psychological relations, which is associated with the role positions of a person.

All dynamic aspects of an investigative action are inextricably linked with the temperament of the persons involved in the case. If the investigator wants to succeed in the case. He must plan the pace, rhythm, duration, level of tension, ways to relieve excessive psychological stress, taking into account the characteristics of temperament.

When preparing for an investigative action, the investigator can predict the forms of communication in order to use them to try to determine future ways of establishing psychological contact. G. A. Zorin offers the following forms:

1) Persons involved in the case come into psychological contact with goals that coincide with the goals of the law enforcement officer. In this situation, the person accepts the objectively current situation and wants to establish the truth in the case under investigation. Relations here are conflict-free. This form of psychological contact can have several subtypes:

a) A person mindlessly engages in contact interaction, making assumptions. That the investigator, by virtue of his position, can and should understand the current situation and the person himself;

b) Entering into contact interaction is determined by emotional factors: anger, fear, compassion, remorse and other feelings. A person comes to the investigator already prepared to enter into psychological contact. In this situation, the investigator must be able to maintain these relationships and strengthen them. Indifference, rudeness, and tactlessness of a law enforcement officer leads to hostility in a person, which will lead to the termination of contact relationships. And if the first subtype is typical for witnesses and extras, then the second is for victims, as well as for accused (suspects) who have decided to give truthful testimony;

c) The emotional arousal that caused the entry into psychological contact can, and often does, occur during the investigative action itself (interrogation, identification). In this case, the person has goals that coincide with the goals of the law enforcement officer, but has a negative attitude towards investigative workers, and therefore does not interfere with making psychological contact. This situation is typical for witnesses and victims with antisocial attitudes. Investigator. By addressing feelings of shame, pride, repentance and love, sympathy, psychological contact can be formed on an emotional basis;

d) The next position (subtype) is due to entering into psychological contact with the investigator, associated with a preliminary in-depth study of the current situation. In this case, the person’s activity is distinguished by thoughtfulness, anticipation of his behavior and stability. This form is the most durable, but it needs to be treated with care, strengthened and stabilized.

2. Persons involved in the case come into psychological contact with the targets. Which completely or partially do not coincide with the goals of the law enforcement officer. In this case, the existing relationship differs from the relationships of the “first group” in its internal side, which is in the nature of a hidden conflict. There are also subspecies here:

a) A person accepts the position of a law enforcement officer only after the latter conducts a series of techniques aimed at forming a rapport. The external side of the relationship fully corresponds to the characteristics characterizing psychological contact. A significant number of investigative actions (first interrogation, confrontation, then checking evidence on the spot, etc.) contain elements of forced communication, where the goals of its participants partially do not coincide, and there is a hidden conflict in their relationships. Suspects and witnesses experience a state of uncertainty, a struggle of motives: they are looking for the optimal way out of the current situation. Thus, if the investigator understands the state of the interrogated and the motives of his behavior, he can change the direction of his position by intensifying the struggle of motives, as a result of which the external and internal aspects of communication will fully comply with the principles of psychological contact;

b) The person involved in the case hopes to “outplay” the law enforcement officer, to mislead him, where he uses psychological contact as a weapon of his defense. This situation is typical for suspects and accused persons who give false testimony, veiling their hostile attitude towards the investigation. In this case, the person enters into contact with the investigator, having goals completely opposite to the goals of the law enforcement officer.

The proposed classification of forms of contact interaction between a law enforcement officer and participants in a criminal trial can undoubtedly help the investigator predict possible options for the positions of the participants, develop the necessary tactical means and techniques for transforming positions “unfavorable” to the investigator, strengthening and stabilizing psychological contact.

Concluding the description of the concept and nature of psychological contact in the preliminary investigation, we should dwell on the features of communication as a mental process. A.V. Dulov highlights the following features:

1. the specificity of the reasons for entering into communication, which is determined by the crime committed;

2. the presence of multiple goals in each communication;

3. the conflictual nature of many communications, since the goals of the persons in communication may not coincide;

4. high degree of formalization of communications. The formalization of communication is manifested in its forced nature, and is also ensured by the procedural regulation of the beginning of communication (warning of criminal liability), its progress (definition in the procedural law of the circumstances regulating the external side of communication, etc.), the end of communication (investigative action protocol). The formalization of communication presupposes a state of increased mental activity in persons vested with procedural powers. These persons - investigators - in all cases know in advance the purpose of communication, and therefore are obliged to plan and direct it. Therefore, establishing psychological contact helps to overcome the difficulties of formalization;

5. Specific mental states accompanying communication. The fact of committing a crime often leads to a long-term change in a person’s mental state. Such a change can occur under the influence of remembering the fact of the crime, its individual details. Based on this, the person develops a certain dominance in communication, which leads to this. That all actions, all information during communication are passed through consciousness, primarily from a certain point of view - the dominant, most active area of ​​mental activity. Its identification in each specific case is important for determining ways of communicating with a given person, ways of establishing psychological contact with her.

Increased mental tension makes it necessary to solve many mental problems, take into account the psychological characteristics caused by the commission of a crime, overcome opposition and negative emotions;

6. the presence of a complex of types of communication. One-way and multilateral, primary and repeated communications are implemented here.

To summarize the above, we can conclude that psychological contact is a complex system with many different elements and connections. Elements such as “emotional trust”, “willingness to communicate”, “mutual understanding” are present in the content of psychological contact when the goals of the persons involved in the case and the law enforcement officer coincide. They can be considered an intermediate result of the activity of a law enforcement officer in the process of forming a contact. Such contact (with the content of the named elements) can be considered an ideal form of relationship between a law enforcement officer and other participants in the criminal process. Investigators should strive to create just such a form of psychological contact. Unfortunately, in most cases there is an element of forced communication, so it is very difficult and sometimes completely impossible to form an ideal psychological contact.

Even in cases where the accused comes to the conclusion that it is necessary to give truthful testimony and is ready to do so, he often tries to hide certain details related to the criminal event; in this case, the content of psychological contact retains such elements as “interaction”, “communication with feedback”, optimizing the communication process in order to obtain truthful and complete testimony.

Chapter 2. Ways to establish psychological contact at certain stages of investigative actions

2.1 Entering into contact interaction

The first impression, the manifestation of external communicative properties at the beginning of eye contact play a big role in establishing psychological contact. If we consider pre-contact diagnostics of the personal qualities of persons involved in the case as the first stage of contact formation, then entering into contact interaction can be conditionally considered the second.

Research shows that the first impression is formed based on the perception of: 1) a person’s appearance; 2) his expressive reactions (facial expressions, gestures, postures, gait, etc.; 3) voice and speech. The national psychological characteristics of the object certainly leave their mark on this process. Every law enforcement officer must be able to read the language of external manifestations of human psychology. The language of external manifestations is more sincere than the language of words. One of the experts in human psychology figuratively said: it is easier to change your worldview than your individual way of bringing a spoon to your mouth. At the same time, the psychological meanings of the language of external manifestations are probable and ambiguous.

The process of forming a first impression logically breaks down into several stages. The first is the perception of objective characteristics. Here, the partner for the upcoming communication is perceived rather as a physical individual with outwardly understandable characteristics (gender, height, facial expressions, clothing, etc.). These qualities seem to speak for themselves. In this regard, they are called nonverbal components of communication. The second stage is the perception of emotional and behavioral manifestations, the general psychological state of communication. The third stage is the synthesis of our rational conclusions, impressions, linking the past and present, as well as the creation of a dynamic image that includes evaluative ideas about another person as the owner of social-role and individual personality traits that make him suitable or unsuitable for communication in the data conditions

The expression of the first impression is the manifestation of external communicative properties, which depends on the understanding of the essence of the social role of a given subject in communication, on the existing relationship towards the subject on the part of a law enforcement officer. Therefore, if necessary, a law enforcement officer must be able to suppress and hide a negative attitude towards the participants in the criminal process, because otherwise contact will not be established and the goals of communication will not be achieved.

Communicative properties are manifested in the manner of clothing, facial expressions, the ability to listen to the interlocutor, style of speech (intonation structure, absence of vulgarisms, slang expressions, simplicity of constructing phrases).

Practice shows that “in relationships with other people, people are often guided only by likes and dislikes, which can arise on the basis of real facts, but these quickly formed feelings can determine all future relationships.

At the moment of the first meeting, the relationship between its participants is determined more by feeling than by reason. Therefore, for the first meeting, it is necessary to prepare the first phrase, the first actions that can evoke positive emotions in the interlocutor. So, for example, you can show goodwill, expressing regret about the anxiety caused by the interrogation, and inquire about the state of health. The investigator can reassure the interrogated person by explaining that this interrogation is a necessary formality and that it should not cause unnecessary excitement.

When communicating, it is advisable to call the “interlocutor” by name and patronymic, since this is not only a sign of respect, but also a manifestation of the importance of the same interlocutor. The correctness and understanding by police officers of the situation in which the person involved in the case finds himself, gives the latter hope for the objectivity and humanity of the law enforcement officer, arouses a desire to communicate with him, which is the root cause in the formation of psychological contact. If during the conversation a direction arises when a person wants to please the investigator: he demonstrates his positive qualities, talks about his merits, then he needs to be supported. Interest in one's own personality always causes a positive reaction in a person, since it is universal.

Significant information can be obtained from the analysis of postures, gestures, and gait of a participant in an investigative action. So, if a person appears before the investigator quietly, says hello in fear, and sits down on the edge of a chair, then the investigator can draw certain conclusions: it is unlikely that a witness in such a state will give truthful and detailed testimony. He is afraid that his testimony will cause him any trouble, that the investigator will not understand him. The clothes and shoes of a participant in an investigative action can provide certain material for assessing a person’s personality. Neatness or negligence, extravagance or simplicity may indicate certain character traits, habits and even profession.

Particular attention should be paid to the analysis of the speech of the person involved in the case, its intonation, rhythm, and timbre. When communicating with an investigator, a person may use slang words and expressions, which can also characterize this person and his affiliation with the criminal world. The investigator should not use slang words for communication, but the very fact of understanding the jargon can have a positive impact on the formation of contact relationships and assist in diagnosing the criminal profession of the interlocutor.

The factor of mutual arrangement of communication partners is of no small importance in the formation of psychological contact. Thus, psychologists have established that every person has a “personal space” around him, which other people should not intrude on. This space depends on the nature of communication: 1) intimate space with a radius from 0 to 45 cm; 2) personal space from 45 to 120 cm; 3) social distance from 120 to 400 cm.

Some scientists also highlight options for the spatial orientation of communication during interrogation (unfavorable for the interrogated; protective form for the interrogated; confidential form; unfavorable for the interrogator).

It seems that after the greeting it is advisable, while remaining in one’s place, to invite the interlocutor to take a seat opposite at a distance of 120-140 cm, which will allow the investigator to use the communication stereotype characteristic of familiar people.

The task of a law enforcement officer is to find the basis of positive social connections in a given individual, strengthen them and arouse positive civic motives for behavior.

Facial expressions, as a manifestation of external communicative properties at the beginning of eye contact, are a mirror of a person’s internal state. During the investigation, knowledge of the voluntary and involuntary components of facial expressions becomes especially important. The latter include those components that, without submitting to volitional control, seem to open the soul of the individual to his interlocutor.

Since the eyes are not without reason the mirror of the soul, V. L. Vasiliev begins the description of facial expressions with the look of the face: “A close gaze setting is each time directed at something specific, subject to immediate cognition. A gaze directed vaguely into the distance indicates a person’s lack of active interest in surroundings. With a lowered, bowed head, a glance upward, indicates a certain negativism of the personality, distrust, isolation. This look can also be deciphered as a manifestation of humility, combined with the desire to disguise one’s true experiences from the interlocutor. If the eye slits are narrowed - this. a facial sign determines a state of significant fatigue, in which, due to a decrease in tone, the muscles that lift the eyelid are weakened. All the facial expressions described above indicate a lack of psychological contact and should alert the law enforcement officer and force him to reconsider his chosen tactics.

V. L. Vasiliev considers facial activity together with frontal facial expressions. The main expression of frontal facial expression, in his opinion, is the wrinkling of the forehead and raising the eyebrows upward.

In the facial aspect, two types of active attention are distinguished: looking and observing. Horizontal forehead wrinkles are characteristic of looking, which is a passive-perceiving function; A more active function is characterized by the appearance of vertical wrinkles on the forehead, which indicates the person’s composure and purposefulness. Relaxation of the mouth indicates a decrease in personality activity, as well as amazement, surprise, and nervous shock. The phenomenon of a relaxed oral fissure may indicate a congenital deficiency of facial expressions. The facial expressions of the so-called internal laughter with the mouth closed are also peculiar. It is characterized by a joyful expression in the eyes and a barely restrained movement of the lower jaw.

Facial expressions should be perceived and analyzed as a complex whole, in which the following aspects can be distinguished: mobility, the speed of changing facial formulas and the pace of alternation of their transitions. It seems that it is precisely such a comprehensive analysis that will assist the investigator in establishing psychological contact.

Having entered into contact interaction, the investigator can proceed to the formation of a situational attitude towards establishing psychological contact.

2.2 Formation of a situational attitude towards contact interaction. Information exchange

Establishing contact presupposes knowledge of the actual state of the individual at the present time, determining the need for his psychological state. Contact is established only when a thorough study of the personality’s characteristics is carried out: the mental state at the moment, the points of excitation and inhibition of his mental activity, the attitude towards the upcoming communication, its participants, goals. Without such a study, it is impossible to determine further actions to establish contact.

Behavior will depend on the objective conditions of the investigative action, the subjective state of the individual and its structure.

The personality structure consists of three elements: 1) personal attitude (life program of behavior); 2) a system of needs, drives, interests; 3) the nature and characteristics of the will.

Personal attitude is the main and central link of personality. The attitude does not express some individual qualities of the individual, but the entire personality, its entire moral and psychological context. The system of drives that act as stimuli for the activity of the individual characterizes its dynamic aspect.

The main thing for a law enforcement officer is to influence a personal attitude and reorient it. And for this it is necessary to identify a person’s interests and attractions.

The development of the topic of conversation depends on the individual, on the mental state in which the person is during the investigative action.

It is advisable to deepen the topic of conversation that is most pleasant to the interlocutor. So, if during interrogation the interrogated person started talking about his childhood or another period of his life, he should not be interrupted, as this could damage the entire course of the interrogation. The investigator must be able to listen, and the lost time will pay off in the main part of the interrogation, when you do not have to spend time and effort to overcome the negative position of the person being interrogated in conflict with the investigator.

The ability to listen to your interlocutor is an art. Based on the way they listen to their interlocutor, people are divided into three groups: attentive listeners, passive listeners and aggressive listeners. Attentive listeners create a favorable atmosphere for conversation and stimulate the speaker to be active. Passive - cause apathy in the speaker, and thereby cause negative emotions in the speaker.

Attentive attitude towards the speaker, benevolence, the desire to understand and understand the interlocutor, to show interest in his words - these are the components of the ability to listen. We can say that, in a certain sense, this determines the professional suitability of a law enforcement officer.

The ability to talk to people is one of the important communication skills. In order to influence the mind, will, feelings, to correctly perceive and understand the speech of the interlocutor, to be in turn understood by him, the investigator must take care of the culture of speech. Speech culture is the ability to speak and write correctly. Speech should be meaningful, expressive and understandable. The inability to use a word leads to the fact that it loses its effective power. There is no doubt that a competent investigator will be respected and have great authority among those involved in the case. The investigator must be able to have a sincere conversation with people, because penetration and cordiality in a conversation, as a rule, have the most powerful impact and contribute to the establishment of psychological contact.

To establish contact with the person being interrogated and mitigate the circumstances preventing this, there is a procedure for warning of criminal liability for refusal or evasion to testify. This is done taking into account the personality of the interlocutor. A warning about liability for perjury can be made casually, noting that such a decent person will, of course, give truthful testimony. In relation to a person who is inclined to give false testimony, as evidenced by his negative attitude towards the investigator, past convictions and other circumstances, it is advisable to use a more detailed conversation on this topic, offer to familiarize himself with the articles of the Criminal Code, and pay attention to the sanction. A warning about the criminal liability of witnesses and victims should not be intended to intimidate a person or humiliate his human dignity.

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Any type of interrogation - a witness, a suspect, an accused - begins with the establishment of psychological contact, that is, such a disposition to communicate that can lead to the most effective results. Psychological contact in a unique form of communication that takes place in legal proceedings determines the receipt of evidentiary information that contributes to the establishment of objective truth, a high culture of legal proceedings, reflecting the democratic principles of the latter.

Psychological contact is inherent in all forms of activity associated with receiving verbal information during an inquiry, preliminary investigation, and trial.

The concept of “psychological contact” presupposes, as is evident from its name, a certain impact on the psyche of persons entering into communication. The substantive side of the contact consists of a two-way influence, on the one hand, of a person who has information and can provide it or refuse to provide it, depending on the situation of the investigative or judicial action, in particular interrogation. Psychological influence when establishing contact can take various forms and is determined by a number of circumstances, including the need to establish contact, its purpose, methods of influence, the use of the emotional state of persons during communication and, finally, the desire to provide the required information.

In forensic literature, the concept of psychological contact is often associated only with one-sided influence on the part of the investigator or judge, but this is not the case. Despite the inequality of positions in the positions of investigator - accused, judge - defendant, contact always remains two-way, since it stimulates the psychological state of both subjects of communication, and often depends to a much greater extent on the person with whom contact is stimulated by various techniques.

Establishing psychological contact involves studying data about the personality of the person being interrogated. Such data may be materials of the criminal case, testimony of witnesses

and the accused, characteristics obtained as a result of operational search activities. Data analysis allows us to make an assumption about the psychological and social portrait of the person with whom we will communicate. This is sort of the first stage of the communication approach. The second stage takes place during the interrogation process, where the investigator or judge gets a direct impression of the personality of the person being questioned during the interrogation. In all cases, during the interrogation, a favorable atmosphere should be created that encourages the interrogated person to communicate, which implies a desire on the part of the official to eliminate conflict situations and to create an interest in communication among the interrogated person. It is quite difficult to achieve such an atmosphere, since various people appear before the investigator - young, wise with life experience, sincere and deceitful, sociable and non-communicative, polite and rude, as well as persons who do not want to enter into communication due to various emotional or other states and intentions . All of the listed positions require the investigator and other persons carrying out the interrogation to perform a kind of transformation in accordance with the interrogation situation and the behavior of the person in respect of whom actions are being taken to establish contact, taking into account his type of temperament, in order to correctly select the pace and tactics of the interrogation. In this regard, the investigator should not demonstrate any negative feelings that arise in him regarding the murderer, rapist, robber, or bank swindler. Behavior should be even, but not dispassionate, since it is the emotional disposition that causes the desire for communication and contact.

In cases where the interrogated person rejects any attempts to establish contact, the investigator turns to topics other than the subject of interrogation, questions about the interrogated person’s marital status, children, work, and interests.

This, as a rule, relieves the atmosphere of tension and encourages communication. There is no need to focus on the negative attacks of the interrogated person; they should be ignored, keeping in mind the state of the person during the interrogation, both aggressive in some cases and depressive.

When communicating during an interrogation, barriers to communication most often arise, among which the most important are emotional and information barriers. Their elimination presupposes the objectivity of the investigator and the judge, expressed both in obtaining information accusing the person and exonerating him, as well as in clarifying the causes of the crime and their motives. Elimination of the information or, as it is called, semantic barrier is achieved by clearly formulating questions to the person being interrogated, clarifying the latter’s understanding of their meaning and significance, and explaining, if necessary, legal and other special terms that may occur during communication. It should be noted that the semantic barrier is one of the most difficult obstacles during communication, since the interrogated person is often in a state of nervous tension, which does not allow him to understand individual questions, and the accused does not understand individual counts of the charge and the essence of the evidence with which the investigator operates. Thus, in one of the interrogations of the accused in a murder case, the investigator, wanting to expose him to the crime, stated that microtraces (fibers) of a mohair scarf were found on the murdered person, matching their generic characteristics with the accused’s scarf. The announcement of the expert’s report convinced the accused that his participation in the murder was proven (scientists have proven it), and he stated that “since science has come to such conclusions, it cannot be wrong.” The investigator regarded this statement as an admission of guilt by the accused, although it was subsequently proven that the scarf involved in the biological research did not belong to the accused, but to another person. Misunderstanding of certain expressions of the accused distorted the prospect of establishing the truth.

Establishing psychological contact, as some authors note (V.L. Vasiliev), is an independent stage of interrogation, its independent stage. This statement is objectionable, since psychological contact is characterized by situationality and dynamism. The situational nature of the latter lies in the fact that contact is established depending on the state of communication (voluntary presentation of facts of interest to the investigative authorities, a conflict situation associated with lies, denial, putting forward new versions designed to delay the investigation) and can take place or be ignored either by the investigator, and those being interrogated. For this reason alone, it cannot be considered part of the interrogation stage, but represents a condition for carrying out this action.

The dynamism of contact presupposes its plasticity, change depending on the positions of the parties in communication. Psychological contact cannot be a rigidly established scheme according to which communication proceeds; it can develop, and can also be lost due to the emotional state of the interrogated, loss of confidence in the investigator, the desire to hide certain circumstances that the interrogated considers to be the most important for himself, of great importance. meaning. The position of established and ongoing contact during the interrogation process, especially of the suspect and accused, is extremely rare. The contact is fluid, and the investigator’s task is to maintain it during the interrogation, since such an emotional state of the interrogated allows one to trust the investigator, and disposition towards him, as a rule, entails obtaining reliable data about the circumstances of the crime. Fear, mistrust, and the idea that the person being interrogated is being deceived instantly creates an emotional barrier that is subsequently very difficult to destroy. Therefore, when establishing psychological contact, you need to be aware of its fragility, variability, situational conditionality and selective influence on persons with different temperaments and characters.

The purpose of establishing psychological contact is to encourage the interrogated person to provide reliable information and give truthful testimony. At the same time, according to authors who study the problems of interrogation tactics, contact performs several functions. Thus, N.I. Porubov includes among them: a heuristic function, the meaning of which is to activate the mental activity of the interrogated person in order to direct it in the necessary direction; control function, which consists of comparing the information obtained during interrogation with existing data; emotional function, which determines the effect on the interrogated person of his confidence in the fairness of the decisions made; ethical function as the ability of the investigator to win over the interrogated person in order to obtain truthful testimony.

There is no doubt that contact performs such role functions, but their implementation requires certain methods of influence, since establishing contact does not occur by itself.

The general rule for choosing methods for establishing psychological contact is their scientific nature, admissibility and legality, that is, compliance with the democratic principles of legal proceedings, variability, situational dependence, emotional orientation, and the absence of elements of hidden and overt violence. In this regard, the most acceptable techniques will be those that provide a kind of emotional consonance, that is, a predisposition to positive communication.

It is impossible to list all the methods of influence in order to establish psychological contact, since they cover not only verbal influence, but also facial influence, which allows one to relieve tension with an encouraging smile, increased attention to the circumstances presented, sympathy and understanding of the gravity of the situation of the accused or suspect, and the depressed state of the latter.

In the forensic literature, different points of view have been expressed regarding tactical techniques for establishing psychological contact.

So, A.V. Dulov offers the following techniques: 1) arousing the interrogated person’s interest in the upcoming interrogation; 2) arousing interest in the person being interrogated; 3) appeal to the law, explanation of the significance of the required information, familiarization with mitigating circumstances, etc. . It should be noted that the proposed techniques are too general and lack the necessary specification.

A more complete list of methods for establishing psychological contact is given by F.V. Glazyrin, including the following: 1) appeal to the logical thinking of the interrogated, which consists in the conviction of the inevitability of solving the crime, establishing certain facts; 2) arousing the interrogated person’s interest in communication and its results - a conversation on various topics, reporting on the evidence found, indicating during interrogations of the suspect and accused circumstances mitigating their guilt, such as an admission of guilt, etc.; 3) arousal of the emotional state by appealing to feelings of pride, honor, shame, repentance, regret. Such techniques are most effective when refusing testimony, during interrogation of persons in a state of depression, apathy, etc.; 4) influence by the positive personality traits of the investigator, judge - politeness, fairness, benevolence. In this case, the interrogator’s attempts to humiliate, insult, and hurt pride create a semantic and emotional barrier, rather than consonance, which is usually the basis of psychological contact.

V. G. Lukashevich, who devoted most of his work to the problem of communication, includes the following among the methods of establishing psychological contact: 1) creating an appropriate interrogation environment; 2) interrogation in private; 3) correct behavior of the investigator as a representative of the state performing important public functions; 4) demonstration of goodwill, an unbiased attitude towards the interrogated person, arousing interest in the investigator as a communication partner; 5) demonstrating the ability to listen to the end without raising your voice; 6) conducting a preliminary conversation on an abstract topic; 7) appeal to the logical thinking of the interrogated; 8) explanation of the goals and objectives of the interrogation; 9) creating an environment that arouses interest in the interrogation and its results.

The given tactical techniques in their content do not always and not all meet the requirements corresponding to the concept of “tactical technique”, but mean conditions that can be considered the most optimal when conducting interrogation. Such conditions include interrogation in private, the creation of an appropriate interrogation environment, and the correct behavior of the investigator. These conditions, viewed as tactics, are nothing more than the usual ethical and organizational actions that accompany interrogation. They help create the necessary environment for communication and do not carry a tactical load, like a system of actions aimed at obtaining a certain result.

Of interest is the detailed development of tactical techniques for establishing psychological contact, developed by V. Yu. Shepitko and formed into two systems. The first of them, promoting adaptation to the interrogation environment and eliminating unwanted mental states of the interrogated, and the second, stimulating an attitude towards the need for communication. The first system includes the following tactics: 1) clarification of personal and biographical data; 2) a conversation on an abstract or interesting topic not related to the subject of interrogation; 3) demonstration by the investigator of awareness of the circumstances of the life of the interrogated, his needs and interests. The investigator is recommended to choose a topic for the interview, since the latter largely changes the mental state of the interrogated.

The system of tactical techniques that stimulates the attitude towards the need for communication includes the following: 1) explaining the importance of reporting truthful testimony; 2) conviction of the need to assist the investigative authorities; 3) an explanation of the essence of the consequences of the crime committed or the possibility of their occurrence in the future; 4) display of photographs (objects) related to the crime committed and its consequences; 5) use of a positive assessment of the personality of the interrogated, its individual qualities.

In all cases of using the above tactical techniques aimed at establishing psychological contact, one of the important conditions for the latter is the ability to listen to the person in communication. Nothing makes a person, and in this case the person being interrogated, more comfortable than the fact that he is listened to with attention and interest. The elements of empathy that occur when listening to testimony have a psychological effect on the interrogated person, activating his desire to communicate. Showing interest in the testimony is a circumstance that favors the interrogated investigator.

Of particular importance in ensuring the success of the interrogation is its communicative side, i.e. a general psychological atmosphere favorable for communication in the investigative action, the presence of psychological contact. Psychological contact according to Chufarovsky Yu.V. This is the process of establishing, developing and maintaining the mutual attraction of communicating people. See: Chufarovsky Yu.V. Legal psychology in questions and answers. - M.: "Prospekt", 2010. P. 87.

Yablokov N.P. defines psychological contact during interrogation as the level of relationship during interrogation at which the persons participating in it are ready (able and willing) to perceive information coming from each other. Establishing psychological contact is the creation of a favorable psychological atmosphere of the investigative action, in which the interrogated person is internally, psychologically inclined to participate in the dialogue, listen to the interrogator, perceive his reasons, arguments and evidence presented, even in a conflict situation, when he intends to hide the truth, give false testimony, or interfere investigator to establish the truth. See: Forensics: Textbook / Edited by N.P. Yablokov. - 2nd ed., revised. and additional - M.: Yurist, 2001. P. 449-450.

The psychological influence of the investigator on the interrogated person arises from the moment the summons is received, and psychological contact is established from the moment the interrogated person appears in the investigator’s office.

Also, according to Polstovalov O.V. A special role in establishing psychological contact between the investigator and the interrogated person is played by their first impression of each other. For the interrogated person, not only the appearance of the investigator and the order in his office play a big role, but also the meaning and content of the first contact remarks. The location of the people communicating in the office also plays an important role in the light of modern psychological research. See: Polstovalov O.V. Forensic conflictology: modern moral and psychological problems: Monograph. - Ufa: RIO BashSU, 2002. P. 12-15. The ways to establish psychological contact are very numerous and varied. Their choice depends on the current investigative situation, personality traits, psychological state of the person being interrogated and the investigator himself. Psychological contact can be established by influencing the socio-psychological qualities of victims and witnesses. Each person in any life situation has his own primary concerns, anxieties, doubts, desires and interests. On this basis, the investigator should enter into contact with the person being interrogated. In relation to witnesses, this may be an expression of regret for the anxiety caused to them, in relation to the victim - sympathy for the traumatic circumstances, in relation to the accused and suspect - assurance of the guarantee of all their legal rights, clarification of their urgent requests and petitions. The “golden rule” of the investigator’s behavior at this stage of contact interaction: do not allow anything that could cause a negative attitude towards him.

A friendly acquaintance, telling one's name and patronymic, addressing the interrogated person by name and patronymic, neat appearance, dignified but not arrogant demeanor - all this forms the first impression of the investigator. It is acceptable in the first minutes of interrogation for the investigator to provide some information about himself, about the expectations that he places on the behavior of the person being interrogated.

When developing psychological contact with a person, it is necessary to pay attention and take the necessary measures to eliminate obstacles in communication, which include a negative attitude towards upcoming communication, the presence of mental states that complicate or make impossible the development of communication, interference from outsiders, etc. The psychological task of the operational officer in this case is to maintain and strengthen psychological contact with the person, and the tactical task is to obtain operationally significant information. During a person’s free story about an event included in the subject of the conversation, the operational officer can use such tactics as reminding about something; clarification, detailing of what was said, etc. Abramenkova V.S. Controversial provisions on the concept and conditions for establishing psychological contact during interrogation at the preliminary investigation // Modern problems of lawmaking and law enforcement: Collection of scientific papers. Vol. 7. Moscow. Irkutsk Publishing house of the State Educational Institution of Higher Professional Education RPA of the Ministry of Justice of Russia. 2009. pp. 91-98.

Having explained to the witness or victim why they have been called in for questioning, the investigator must listen to their free story, which gives the interrogated the opportunity to concentrate, remember the circumstances, and the investigator to avoid asking leading questions and suggestive influence. Respect and trust in the testimony of investigators and victims must be mandatory for the investigator. On his part, rudeness, ridicule, emphasized distrust, inattention, haste, etc. are unacceptable. Commentary on the Criminal Publishing House Urayt", 2009.-Procedural Code of the Russian Federation (scientific editor: V.T. Tomin, M.P. Polyakov) . - 3rd ed., revised and supplemented - M.: "

The most important problem in the psychology of interrogation is the problem of regulating the relationships that arise during interrogation between the person being interrogated and the interrogator and, to a certain extent, influence the latter’s achievement of the goals of the interrogation. Here, the right decision depends largely on the level of knowledge, professional experience and skills of the investigator. It must be very clear to others. At the same time, the investigator is obliged to clarify what he heard, eliminating omissions and ambiguities. Drapkin L.Ya., Shuklin A.E. Investigator: professional characteristics and basic methods of activity // Russian legal journal. 2011. No. 1. P. 203-213.

Despite differences in views, cultural level, and education, the investigator must determine the best personality traits of the person being interrogated and treat him or her with an open mind. Appealing to the best personality traits of the person being interrogated is one of the main tactics for establishing psychological contact. On the contrary, condemnation and reproaches do not contribute to rapprochement, since they reflect a mismatch of value positions. The investigator's lack of restraint in assessing the interrogated person's actions can result in verbal aggression, which will only cause countermeasures.

The purely psychological and tactical methods of establishing psychological contact include the following main methods: 1) conversation on topics of interest to the interrogated person (about family, about everyday problems, about hobbies and passions, etc.); 2) emphasizing the significance of the testimony given and the confidentiality of the conversation; 3) search and use of similar basic qualities of “I-concepts”, attitudes and views; 4) maintaining a positive background in relationships. Undoubtedly, this list cannot be closed.

Establishing contact during interrogation depends on the type of initial situation - conflict or non-conflict. In a situation of opposition, two communicative positions can take place - a position of active opposition and a position of passive opposition (sharp limitation of testimony).

The next stage in the dynamics of the development of psychological contact is considered to be its maintenance. However, the distinction between methods of establishing and maintaining psychological contact can be very conditional. Creating a positive background for relationships is necessary not only for establishing psychological contact. It is advisable to use this technique when maintaining psychological contact. The investigator must show sincere interest in the personality of the interlocutor not only in order to achieve a state of readiness to communicate, but also to maintain psychological contact.

The stage of maintaining psychological contact consists of organizing optimal communication activity. In addition, a necessary condition for maintaining psychological contact is the investigator’s ability to listen. In order to maintain readiness for communication, the investigator will also have to avoid wrong steps, which at first glance seem not so dangerous for the existence of psychological contact, but in reality are methods that are aimed at confrontation.

There is a certain gradation of mistakes made during communication, which range from “breaking” the distance and establishing familiar relations to avoiding conversation, or creating a “halo of inaccessibility” that is incompatible with the tactics of talking as equals. See: Polstovalov O.V. Forensic conflictology: modern moral and psychological problems: Monograph. - Ufa: RIO BashSU, 2002. P. 20-24.

The participation of a defense attorney in investigative actions can not only help, but also create difficulties for the investigator, for example, interfere with the establishment of psychological contact between the investigator and the interrogated person. However, in any case, the success of the work of both the investigator and the defense attorney is largely determined by their correct, normal relationships. See: Batishcheva L., Leei A. Tactics of investigative actions with the participation of the defense attorney // Legality. - M., 1993. No. 12..

The testimony of the victim is an important procedural document that must be assessed in terms of its evidentiary value, knowing the personality characteristics of the victim. It is very important for the investigator to establish psychological contact with the victim, taking into account his mental state and individual characteristics, and thus ensure the completeness and accuracy of the testimony. Studying the psychophysiological properties of the victim, strength, mobility of nervous processes, type of higher nervous activity, temperament helps to determine the possibility of the victim committing certain actions, and in general, to create a correct picture of the event. These qualities must be taken into account when establishing contact with the victim and organizing investigative actions. The actions of the criminal and the consequences of the criminal act often lead the victim into a state of severe mental shock, excitement, fear, severe depression, anger, indignation, despair, and confusion. Without taking into account these features, their correct psychological analysis, and relieving the victim’s stressful state, it is difficult to count on the completeness and correctness of his testimony. Vasiliev V.L. Legal psychology. - M., 1991. P. 271.

Listening-empathy is a very effective means of maintaining psychological contact with the victim or witness.

During the interrogation, an exchange of information occurs between the investigator and the interrogated, in which two aspects are distinguished: this is a verbal exchange of information between the interrogated and the interrogator and obtaining information about the state of the interrogated and even the direction of his thoughts by observing his behavior (gestures, facial expressions, skin color and etc.).

During the interrogation, careful observation of the interrogated person must always be ensured to establish his condition, which is determined by his appearance, behavior, reaction to the information conveyed to him, based on the analysis of his speech (pace, coherence, repetition, abruptness, etc.) . For example, unexpected spasms, changes in the speed and rhythm of speech, loss of pauses, breaks in words, babbling, forcing a sound or laughing, rapid or shallow breathing and constantly interrupting others... are considered symptoms of tension. Shebutani T. Social psychology. - M., 1969. P. 134.

Among the methods of psychological contact, we will not find a single one that would not simultaneously be aimed at maintaining readiness for communication. Creating a favorable emotional background of communication (empathetic relationships), expressing gratitude and paying sincere attention to the merits of the individual, using open gestures (open palms, periodic contact of the eyes of those communicating, etc.) - this is not a complete list of those methods that, both in the course of all communication, and in its final stage they contribute to consolidating the state of psychological contact.

An investigator’s ability to listen includes not only the ability to adequately perceive the verbal and nonverbal information received, but also the ability to control and adjust one’s communicative behavior. Therefore, “listening ability” is a very conditional term, since not only auditory receptors are included in the system of perception of received information.

In the ability to listen, it is necessary to highlight a number of components:

1) the ability to adequately and reliably understand and record the information received;

2) the ability to show empathy, the ability to tune into the “emotional wave” of the interlocutor;

3) the ability to control and coordinate one’s speech and gestures in order to be favorable to communication, as well as maintain psychological contact (the ability to listen to information coming from oneself);

4) the ability to use a “common” language with the interlocutor in communicative activities. Chufarovsky Yu.V. Legal psychology in questions and answers. - M.: "Prospekt", 2010. P. 112.

It seems that the broadest understanding of “listening ability” in psychology does not contradict forensic scientific principles. Therefore, the proposed recommendations aimed at developing listening skills, in our opinion, will significantly help investigators in the process of their professional communication.

In forensic science, as part of achieving the tactical task of establishing and maintaining psychological contact, the investigator’s ability to listen must be understood as a professional skill based on following psychological and forensic recommendations for organizing the process of effective communication.

The employee must complete the establishment of psychological contact by individually influencing the person. The purpose of this influence is to obtain confidential information from him. At the same time, some general norms of trusting relationships for the future can be developed. In the final part, it is important to consolidate psychological contact with the person in case of possible assistance in the future. The tactical task in this case is to evaluate the information received from the standpoint of its comprehensiveness, completeness and objectivity and, if gaps are found, to fill them by asking additional questions. Sypachev A.Yu. Psychological contact with public assistance // Scientific research of higher education: a collection of abstracts of reports and messages at the final scientific and practical conference (February 8, 2011). Tyumen. Publishing house Tyumen Publishing House. legal Institute of the Ministry of Internal Affairs of Russia. 2011. pp. 122-123.

It is important to emphasize that in practice, the use of certain methods and techniques for obtaining information is carried out, as a rule, in a comprehensive manner: one technique complements another and creates the condition for the use of a third, etc. It should be noted, however, that psychological methods and techniques for obtaining information, as well as any other methods and techniques, are not universal.

Establishing psychological contact means creating favorable conditions for solving specific problems.

During a business conversation, partners can take different positions in relation to each other:

1. Willingness to cooperate;

2. Indifference;

3. Opposition to the interlocutor.

Regarding the second and third positions, it is necessary to structure communication in such a way as to interest the partner, “turn him towards you.” To do this, there are techniques for establishing psychological contact.

Techniques for establishing psychological contacts

1. Technique for relieving tension.

Ease of acquaintance, expression of satisfaction about the meeting.

2. Showing interest and attention to your partner.

Please note! That, first of all, people are interested in themselves. Therefore, show sincere interest in your interlocutor, let him feel the importance of his personality.

3. Acceptance of accumulations of consents.

Find a subject of conversation about which the positions of the interlocutors coincide.

Get your partner to agree with you or say the word “yes” several times. This makes it more difficult to express dissent in the future.

4. Partner “talking” technique.

It is necessary to ensure that there is a dialogue, not a monologue.

5. “Hook” technique.

It is necessary to find some reason for conversation (any event, comparison, personal impression, etc.) and move from it to presenting the problem. Most often, the illusion is created that this is improvisation, but in reality the “hook” is carefully thought out in advance.

6. Method of psychological adaptation to the interlocutor.

Bringing your communication style and behavior closer to your partner’s position. This reduces the psychological barrier and has a suggestive effect on it.

7. Involvement in joint work.

8. Providing a meaningful service.

Goal: to make the partner want to respond to the attention shown with similar actions.

9. Asking for help . "I need your help..."

10. Empathy for your partner.

Not all requests of a partner can be satisfied, but treating them with understanding and sincere sympathy is an important condition for business cooperation between entrepreneurs.

Compliance with these rules will give you the opportunity to be successful not only in business, but also in interpersonal communication.

Let's consider a few more important points that help or hinder establishing contact.

What helps to establish psychological contact:

1. Non-verbal means of communication: open postures, open hands, unbuttoned jackets, etc.

2. Smile, handshake.

3. Eye contact.

4. Knowing the name.

5. Distance (you or you).

6. Equality of positions.

What prevents the establishment of psychological contact?:

1. Interrupting your partner.

2. Belittling your partner.

3. Negative assessment of his words.

4. Generalizations like: always, never, everywhere, constantly.

5. Excitement, trembling.

6. Verbosity.

7. Ingratiating intonations.

8. Incorrectly chosen distance.

Let us highlight the general communication rules (general rules for conducting a conversation):

1. Avoid reproaches.

2. Don't show superiority.

3. Avoid an accusatory tone - you are not a prosecutor.

4. Forgive people’s minor weaknesses.

5. Be tolerant of the uniqueness of others.

6. Say no more and no less than is required at the moment.

7. Emphasize the advantages of your interlocutor.

8. Ask interested questions, but don’t be unceremonious.

9. Make decisions together with the person, but not instead of the person.

10. Look for the good in people.

11. Don’t command, but ask.

12. Don't give judgments.

13. Don't give advice.

Types of questions

· Closed questions - these are questions to which only a yes or no answer is expected, they create a tense atmosphere in the conversation (like an interrogation), so such questions must be asked strictly for a specific purpose, or when we want to quickly get consent or an answer to a question. When there is a shortage of time.

· Open questions These are questions that cannot be answered yes or no and require some explanation. These include: “what”, “how”, “where”, “how much”, etc.

· Rhetorical questions – these questions are not given a direct answer, because their purpose is to raise new questions and point to unresolved problems.

· Crucial issues – they keep the conversation in a strictly defined direction or raise a whole range of new problems. They are asked when we have received enough information on one problem and want to move on to another.

· Questions to Consider – they force the interlocutor to reflect, carefully consider and comment on what has been said. The purpose of these questions is to create an atmosphere of mutual understanding.

· Alternative questions – these are questions that contain the conjunction “OR”.

How to argue your position

Arguments are scientifically based methods of verbal influence on the interlocutor

The success of the argument depends on two circumstances:

1. Ability to comply with a number of principles.

2. Mastery of argumentation techniques.

Principles of Argumentation:

1. Simplicity and accuracy of the information presented. Evidence and explanations must be understandable to the interlocutor.

2. Dialogical communication and equality of partners.

3. Adaptation of arguments to the personality of the interlocutor:

a) arguments must take into account the partner’s value orientations and his commercial interests.

B) the pace of argumentation must correspond to the interlocutor’s temperament. Cholerics and sanguine people cannot stand long introductory speeches and monologues. When communicating with them, it is necessary to pause between arguments and give them the opportunity to express their point of view. Another thing is melancholic and phlegmatic. It takes them some time to join the conversation, even if they are a determined and confident person. They listen without interrupting, then ask very detailed questions. They speak slowly, thoughtfully, and present their thoughts in detail. Communication with such a person is not easy, but you cannot rush him.

4. Visual presentation of your evidence

Methods of argumentation

1. Factual method . Presentation of specific facts as evidence.

2. Method of contradiction . It is based on identifying contradictions in the interlocutor’s argumentation.

3. Comparison method . It is of exceptional importance, especially when the comparison is chosen well, which gives the performance exceptional brightness and great power of suggestion.

4. “Yes..., but” method.

5. “Pieces” method. It consists of dividing the interlocutor’s speech in such a way that the individual parts are clearly distinguishable. In this case, it is advisable not to touch on the strongest arguments of the interlocutor, but mainly to focus on the weak points and try to refute them.

6. “Boomerang” method. Using an interlocutor's weapon against himself.

Manipulative methods of argumentation are based on the mechanism of suggestion, that is, on the unconscious perception of evidence.

7. Inversion - turning upside down.

8. Method of understatement. Conscious downplaying of the significance of a particular problem.

9. Exaggeration Method . Consists of generalization of any kind and exaggeration.

10. Method of hyperbolization - “Mole from molehill to molehill.”

11. “Anecdote” method. A witty remark, a joke, an anecdote, said at the right time, can completely destroy even a carefully constructed argument. If you later analyze the joke, it usually turns out that it has nothing to do with the subject under discussion.

13. Method of discrediting the interlocutor. The desire to question the reputation of the interlocutor. If an attempt to insult occurs in a circle of people, then it is better to calmly and briefly explain to those present what caused such behavior of the other. Or ignore tactless statements and move on to specific arguments on the issue under discussion.

14. Method of misleading. It is based on the communication of confusing information, words and half-truths that the interlocutor bombards us with. He consciously or unconsciously creates problems and creates the preconditions for a possible transition from discussion to conflict.

15. Reception of appeal to feelings. It represents a constant appeal for sympathy and a desire to evade the subject of the conversation. In this situation, the conversation can take on a complex, emotionally charged character. Therefore, it is necessary to turn the discussion on a business track.

By influencing your feelings, your partner is trying to get around business, unresolved issues.

How to listen to your partner

The success of a business conversation largely depends not only on the ability to speak, but also on the ability to listen to the interlocutor. Popular wisdom says: “Man is given two ears to listen, and only one tongue to speak.”

The following listening techniques are distinguished:

1. Simple listening (passive or silent).

2. Active listening.

3. Unproductive listening.