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the Conclusion

Results of dissertational research allow to draw following conclusions:

1. Carrying out of investigatory actions with participation of minors,

Considering their psychophysiological immaturity, it can not be carried out without use of positions of children's and social pedagogics, the general and judicial psychology.

In the light of development of ideas juvenalnoj the justices, based on necessity of the account of psychophysiological features

Minors, expansion of forms of use of special pedagogical and psychological knowledge in the criminal trial is represented proved.

2. During research legal forms of use are revealed and classified by the teacher and the psychologist of special knowledge at the criminal proceeding, allowing to define limits of their application, to that are carried:

Carrying out of psychological examination, and is equal carrying out of complex examinations (for example, psihologo-pedagogical);

Interrogation of the expert-psychologist (teacher) for the purpose of specification and an explanation of the conclusion drawn by it;

Participation of the teacher and the psychologist as the expert at the reference to it of the parties for a conclusion summer residence on the questions entering into its competence;

Interrogation of the expert-teacher (psychologist) about the circumstances demanding special knowledge, and also explanations of the opinion according to item 53, 168, 271 UPK the Russian Federation;

Participation of the teacher (psychologist) in interrogation of minors and in other investigatory actions.

Consultation of participants of process at statement of questions to the expert, and also use by professional participants of process of pedagogical at them pedagogical and psychological knowledge for working out and application of tactical receptions lay outside of the remedial form.

3. The teacher (psychologist) involved in manufacture of investigatory actions with participation of minors, possesses a legal status and is the subject of criminal procedure legal relations. Therefore according to item 58 of item 5 UPK the Russian Federation it should be recognised by the independent participant of process. For the purpose of blank elimination in the law of the teacher (psychologist) it is necessary to include in group of other participants of process (chapter 8 UPK the Russian Federation).

4. Function of the teacher (psychologist) participating in investigatory actions, it is offered to consider psychological support of minor participants of process for the purpose of levelling of psychoinjuring influence of procedure of legal proceedings and prevention of infringements of the rights of minors. Remedial function of the teacher (psychologist) has own maintenance, corresponding forms and ways of realisation that does not allow to identify it with functions of other participants of process.

5. The analysis of positions of the criminal procedure law and the concepts which have developed in a science allows to speak about a representation inaccuracy about the teacher (psychologist) involved in investigatory actions with participation of minors, as about the expert which problems are defined item 58 UPK the Russian Federation.

6. The carried out research by means of interrogation of the persons who are taking part in carrying out of investigatory actions with participation of minors, and also the programmed studying of criminal cases has shown: absence at pravoprimenitelja accurate representation about appointment and a role of the teacher (psychologist) at carrying out of investigatory actions with participation of minors; weak representation of teachers (psychologists) about the problems assigned to them and means of their decision; insufficient activity of the teacher (psychologist) at carrying out of investigatory actions; formal performance of requirements of the law on attraction of the teacher (psychologist) to carrying out of investigatory actions with participation of minors.

At the same time results of sociological research allow to speak about presence at professional participants of process of requirement for use of special knowledge for creation of appropriate conditions of investigatory action; about a recognition inspectors, judges and lawyers of remedial character of function of the teacher (psychologist); about the importance of active participation of the teacher (psychologist) in investigatory actions for minor convicted (suspects).

Results of the carried out research convincingly testify to an urgency of a problem of increase of efficiency of participation of the teacher (psychologist) in investigatory actions for the purpose of protection of interests of minors.

7. As one of principal causes of the revealed problems is absence of an accurate legal regulation of the status and participation of the teacher (psychologist) in investigatory actions, overcoming of lacks of activity of teachers and psychologists and increase of their activity at carrying out of investigatory actions demand acceptance of some standard measures.

First of all it is necessary to include in chapter 8 «Other participants of process» item 581 «Teacher (psychologist)», having stated it in the following edition:

«1. The teacher (psychologist) - the person possessing special pedagogical (psychological) knowledge and involved in interrogation and other investigatory actions, connected with reception of the verbal information from minors, and also persons with mental lacks, with a view of use of this knowledge for creation of appropriate conditions of interrogation and prevention of possibility of application of receptions of carrying out of the investigatory actions mismatching positions of a pedagogical science, and also for prevention of incompleteness and discrepancy of fixing of results of interrogation.

2. The call of the teacher (psychologist) and an order of its participation in the criminal trial are defined by articles 1681 and 2701 present Codes.

3. The teacher (psychologist) has the right:

1) to set questions to participants of investigatory action with the permission of the investigator, the inspector and vessels;

2) to get acquainted with the investigatory action report in which he participated, and to make statements and remarks which come under to placing on record;

3) before investigatory action carrying out to get acquainted with the materials of business characterising minors, participating in investigatory action;

4) prior to the beginning of interrogation with the permission of the inspector, the investigator, vessels to have possibility of conversation with the minor interrogated;

5) to bring complaints to actions (inactivity) and decisions of the investigator, the inspector, the public prosecutor and the vessels limiting it of the right;

6) to state the proved recommendations about discharge of the legal representative from participation in interrogation if there are bases to believe, that such participation aggrieves to interests of the minor;

7) to supervise the duration of investigatory action provided ch. 1 items 191 of the present Code.

4. The teacher (psychologist) has not the right to evade from an appearance on calls of the investigator, the inspector or in court, and also to disclose the data of the preliminary investigation which have become to it known in connection with participation in criminal proceeding as the teacher if he about it has been in advance warned in an order established by article 161 of the present Code. The teacher bears responsibility for disclosure of data of preliminary investigation according to article 310 of the Criminal code of the Russian Federation.

8. To provide in chapter 9 «the Circumstances excluding participation in the criminal trial» norm about tap of the teacher (psychologist), having stated it in the following edition:

«1. The decision on tap of the teacher (psychologist) is accepted in an order established by a part 1 item 69 of the present Code.

2. The teacher (psychologist) cannot take part in criminal proceeding:

1) in the presence of the circumstances provided by item 61 of the present Code. The previous participation of the person in criminal proceeding as the teacher (psychologist) is not the basis for its tap;

2) if it was or is in office or other dependence on the parties or their representatives;

3) if its incompetence will be found out;

4) if the minor witness who has sustained, the suspect convicted, legal representatives of the minor interrogated will express it mistrust »

9. To add ch. 5 items 164 UPK the Russian Federation position about responsibility of the teacher (psychologist) for refusal of participation in separate actions, having stated it in the following edition: «the Inspector, getting to take part in the investigatory actions of participants of the criminal trial specified in chapters 6 - 8 present Codes, makes sure of their person, explains them the rights, responsibility, and also the procedure of corresponding investigatory action. If the victim, the witness, the expert, the teacher, the psychologist, the expert or the translator they also are warned about the responsibility provided by item 307 and 308 Criminal codes of the Russian Federation» participates in investigatory action manufacture.

10. To include in chapter 22 "Preliminary investigation" UPK the Russian Federation article 1681 «Participation of the teacher (psychologist)», having stated it in the following edition:

«1. The inspector has the right to get to take part in investigatory action of the teacher (psychologist) according to requirements ch. 5 items 164 of the present Code.

2. Before the investigatory action beginning in which the teacher (psychologist) participates, the inspector makes sure of its competence, finds out its relation to the suspect convicted and the victim, explains to the teacher (psychologist) of its right, a duty and the responsibility, provided items 581 of the present Code ».

11. For the purpose of elimination of blanks and discrepancy of the legislation, it is necessary to make following changes and additions to the Code of Criminal Procedure of the Russian Federation:

- To eliminate in item 191 UPK the Russian Federation duplication of positions about age of minor victims and witnesses as compulsory condition of attraction of the teacher (psychologist). To fix in ch. 1 items 191 UPK the Russian Federation a separate rule about obligatory participation of the psychologist on affairs about crimes against sexual inviolability of minors;

- In ch. 1 item 280 UPK the Russian Federation to make changes in the relation of age and possibility of attraction of the psychologist by analogy with ch. 1 item 191 and to establish obligatory participation of the teacher or the psychologist at interrogation of minor witnesses and the victims who have not reached shestnadtsatiletnego age. As to add item 280 UPK the Russian Federation with norm according to which on affairs about crimes against sexual inviolability of minors the psychologist is involved;

- To make changes in item 425 UPK the Russian Federation, having expanded attraction possibilities to carrying out of investigatory actions of the teacher (psychologist) for maintenance of the rights convicted, suspected similarly to item 191 UPK the Russian Federation;

- To fix in UPK the Russian Federation the right of the legal representative of the minor to declare the petition for participation in investigatory actions of the teacher (psychologist) taking into account presence of features of the person and development of the teenager as which it is necessary to consider obligatory for satisfaction;

- To add UPK the Russian Federation with position that in case of carrying out of interrogation of the minor who has reached of 16 years, but lagging behind in mental development or having the mental derangement, for lack of the teacher (psychologist) the received indications admit court the incompetent evidence.

12. To include in chapter 36 «Preparatory part of session of the court» UPK the Russian Federation of item 2701 «the Explanation to the teacher (psychologist) of its rights», having stated it in the following edition:

«The chairman explains to the teacher (psychologist) of its right and the responsibility, provided items 581 of the present Code about what the teacher (psychologist) gives a subscription which joins the report of session of the court».

13. To include in item 192 "Confrontation" UPK the Russian Federation:

ch. 7 in the following edition: «At participation in a confrontation of the teacher (psychologist), it has the rights provided by a part of third article 581 of the present Code».

14. To make changes in item 194 «Check of indications on a place» UPK the Russian Federation, having included in given article: ch. 5 in the following edition: «At participation in check of indications on a place of the teacher (psychologist) it has the rights provided ch. 3 items 581 of the present Code».

15. For the decision of a problem of resource maintenance of participation of the psychologist on preliminary investigation it is expedient to create special psychological service that would raise level of preparation of psychologists to participation in the criminal trial.

16. Besides changes of the legislation for the purpose of activization of activity of the teacher and the psychologist it is expedient to develop and hand over them the Instruction covering algorithms revealed by scientific researches of interaction pravoprimenitelja and the teacher (psychologist), considering all most significant aspects of such interaction.

In the light of the revealed features of participation of the teacher (psychologist) in the criminal trial and lacks of a regulation of the status of the given participant the further revealing of ways of perfection of the criminal procedure legislation in the specified direction is represented actual. Research of possibility of creation co-operating with bodies of preliminary investigation of the special psychological service providing on a constant basis interaction of inspectors, investigators with teachers and psychologists is perspective. To the further research prospects of use of psychological and pedagogical knowledge for procedure perfection on affairs about the crimes made by minors (can be subjected domestic model juvenalnoj to justice).

Results of studying of archival criminal cases of participation of the teacher and the psychologist in the investigatory actions spent concerning minors (210 criminal cases)

Answers
Questions Quantity Percent
1. A crime category: 210 100 %
Crimes against property 179 85 %
Crimes against person 11 5 %
Other crimes:

- Against the public safety

12 6 %
- Against population and public morality health 4 2 %
- Against a family and minors 4 2 %
2. Body of preliminary investigation:

Inspector SK

14 6,5 %
The Inspector of the Ministry of Internal Affairs 173 82,5 %
The Inspector of FSB 0 0 %
The Investigator 23 11 %
3. Age of the minors who were taking part in investigatory actions

Till 14 years

17 8 %
From 14 till 16 years 17 8 %
From 16 till 18 years 176 84 %
4. Previous conviction presence:

We Judge

63 30 %
We do not judge 147 70 %
5. The remedial status:

The Victim

53 25 %
The Witness 31 15 %
Suspected / the convicted 126 60 %
6. At carrying out of investigatory actions was present:

The Teacher

55 26 %
The Psychologist 21 10 %
Was not present 134 64 %
7. From what establishment the teacher participating in business is invited

From the same school/boarding school, children's home, as the minor

24 44 %
From other school

From the Center of the social help to a family and children

From other establishment

In business materials it is not reflected

10

0

0

21

19 %

0

0

37 %

8. From what establishment the psychologist participating in business is invited

From the same school, as the minor

0 0
From other school 0 0
From the Center of the social help to a family and children 21 100 %
Their other organisations 0 0
9. The teacher (psychologist) took part in what investigatory actions

Interrogation

65 86,5 %
Confrontation 7 9 %
Identification 4 4,5 %
Check of indications on a place 0 0
Others 0 0
10. The basis participation in investigatory actions of the teacher (psychologist):

The discretion of the inspector

59 77,5 %
The petition of the defender 0 0
The requirement ch. 1 items 191 UPK the Russian Federation, ch. 1 items 425 UPK the Russian Federation 17 22,5 %
11. Whether the teacher (psychologist) has taken advantage of the right to set questions at interrogation:

Yes

0 0
No 76 100 %
12. Whether upon termination of interrogation the teacher (psychologist) has familiarised with the record of interrogation of the minor:

Yes

76 100 %
No 0 0
13. Whether did the teacher (psychologist) written remarks on correctness and completeness of the records made in the record of interrogation:

Yes

0 0
No 76 100 %
14. Whether were declared by participants of process of the petition for tap of the teacher (psychologist)

Yes

0 0
No 76 100 %
15. Whether the same teacher (psychologist) participated throughout all preliminary investigation or the different were involved
Persons:

Same Different

52

24

68,5 %

31,5 %

16. Whether there were cases when the teacher (psychologist) refused to participate in interrogation:

Yes

0 0
No 76 100 %
17. Whether the psychologist by results of the participation in interrogation of the petition for carrying out concerning the minor sudebnopsihiatricheskoj declared examinations:

Yes

0 0
No 21 100 %
18. Whether examination for an establishment of mental condition minor or juvenile was spent:

It was spent for the purpose of an establishment of responsibility of the minor suspect convicted

10 5 %
It was spent for the purpose of an establishment of conformity of age to a level of development of the minor and its ability to give the evidence 4 2 %
It was spent complex psihologopsihiatricheskaja and other psychological 21 10 %
Examinations it was not spent 175 83 %
19. Whether there was a teacher (psychologist) at the moment of the announcement of the termination of a consequence and whether helped convicted of acquaintance with criminal case materials

Was present and rendered

0 0
Was present, but did not render 48 63 %
Was not present 28 37 %
20. During examination during trial it was involved:

The Same teacher (psychologist), as on preliminary investigation

28 37 %
Another 0 0
21. Whether the same teacher (psychologist) was involved in interrogation of several participants (convicted, the suspect, etc.) on the same criminal case:

Yes

19 24,5 %
No 57 75,5 %

The summary table of results of interrogation of teachers and psychologists concerning their participation in interrogation of minors, and also their functions, a role and efficiency of activity in criminal trial (48 teachers are interrogated and

Psychologists)

Answers
Questions Quantity Percent
1. Whether It was necessary to you to participate in interrogation with participation of minor witnesses and victims?

Yes, often;

27 56 %
Yes, seldom; 21 44 %
It was not necessary 0 0
2. Whether It was necessary to you to participate in interrogation with participation of minors convicted and suspects?

Yes, often;

12 25 %
Yes, seldom; 33 69 %
It was not necessary. 3 6 %
3. At the positive answer to a question №1 or №2: in what your function, in your opinion, consisted at interrogation?

Has assisted the inspector in:

■ an establishment of psychological contact with

39 81 %
The interrogated;

■ overcoming zapiratelstva and lie from the party

6 12 %
The minor;

Acted as the representative of the pedagogical and psychological trades, called to provide appropriate conditions of interrogation and to preserve the rights interrogated from infringements in a kind:

■ requirements from the inspector (investigator) to confirm a version of the investigation;

9 18 %
■ statements by the inspector (investigator) of leading questions; 9 18
■ selective record by the inspector (investigator) of indications of the interrogated; 9 18
■ wrongful (menacing) tone of the inspector (investigator) at interrogation 15 31
4. Whether you consider, what you have a right to object to inadequate conducting interrogation?

Yes;

45 94 %
No 3 6 %
5. Whether you showed activity at participation in interrogation of the minor?

Yes, I always actively participate in interrogation,

Realising the rights; 0 0
I am not always active;

No, I am passive, as interrogation is led with

24 50 %
Observance of rules of procedure by the inspector (investigator) 24 50 %
6. In what efficiency of your participation in interrogation of the minor was shown?

Strutters interrogated questions, promoting these to finding-out of essential circumstances;

Attentively got acquainted with the maintenance

21 44 %
Of the record of interrogation also expressed the opinion on completeness and correctness of records; 21 44 %
Objected to statement of separate questions, including their inadmissible (directing) 12 25 %
7. Whether you are familiar with the minor participating in interrogation?

Yes;

21 44 %
No. 27 56 %
8. At the positive answer to a question № 7, - what circumstances of your acquaintance with
The minor:

He studies at the same school (contains in a boarding school, children's home) where I work;

Addressed for the help in the Center of the social

18 37 %
The help to a family and children where I work; 2 4
From other establishment to specify what 1 2
9. At the positive answer to a question № 7 as you estimate influence on a course of interrogation of your acquaintance to the minor:

It has positively affected efficiency of interrogation;

It was negatively reflected in results

21 44 %
Interrogation; 0 0
Other (to specify result) 0 0
10. Whether there were in your practice cases when the minor negatively perceived you as the participant of investigatory action?

A) never;

Seldom, I remember cases;

B) often happens;

Constantly.

30

3

12

3

63 %

6 %

25 %

6 %

11. You took part in what investigatory actions

Interrogation

48 100 %
Confrontation 15 31 %
Presentation for an identification 3 6 %
Check of indications on a place 12 25 %
Others (to specify - what) 3 6 %
12. Whether there is in your opinion a necessity for fuller regulation of a role of the teacher and the psychologist at interrogation?

Is;

27 56 %
) No, a regulation sufficient. 21 44 %
13. At the positive answer to a question № 12 - as, in your opinion, it is necessary to improve the legislation in this direction?

Standard to include the teacher and the psychologist in

21 44 %
Number of other participants of process;

To expand the rights and duties of the teacher and the psychologist (the right of conversation with the minor before carrying out of investigatory actions, the right to declare the petition for tap of the legal representative, the right during investigatory actions orally to petition for short consultation or conversation with the minor etc.);

9 18 %
To exclude a number of the rights and duties of the given persons in connection with an inefficiency; 9 18 %
To leave a legal regulation without changes; 9 18 %
To make other changes to the law (to specify - what). 0 0
14. Whether you consider, that have necessary pedagogical (psychological) knowledge and skills for effective participation in
Investigatory actions?
Yes, I consider; 36 75 %
No, I do not consider, as it is necessary
Specialisation. 12 25 %

The summary table of results of interrogation of inspectors and investigators concerning their relation to participation of the teacher and the psychologist in interrogation of minors, and also their function, a role and efficiency of activity in criminal trial (111 inspectors are interrogated and

Investigators)

Answers
Questions Quantity Percent
1. Whether It was necessary to you to involve in interrogation of minor witnesses and victims:

The teacher (ч.1 item 191 UPK the Russian Federation)?

■ yes, often;

30 27 %
■ yes, seldom; 60 54 %
■ it was not necessary. 21 19 %
The psychologist ■ yes, often; 0 0
■ yes, seldom; 39 35 %
■ it was not necessary. 63 56 %
2. Whether It was necessary to you to involve in interrogation of minors convicted and suspects:

The teacher (item 425 UPK)?

■ yes, often;

48 43 %
■ yes, seldom; 39 35 %
■ it was not necessary. 24 22 %
The psychologist ■ yes, often; 6 5 %
■ yes, seldom; 30 27 %
■ it was not necessary. 60 54 %
3. In what function of the teacher and the psychologist got to take part in interrogation of the minor in your opinion consists?

The Teacher and the psychologist, being experts, (item 58 UPK) help the inspector

■ to come into psychological contact with

87 78 %
The interrogated

■ to help the inspector with overcoming

33 29 %
zapiratelstva and lie;
They act as representatives of the pedagogical and psychological trades, called to provide appropriate conditions of interrogation and to preserve the rights interrogated from infringements in a kind:
■ requirements to confirm the version
Consequences; 27 24 %
■ statements of leading questions;

■ selective record of indications

36 32,5 %
The interrogated; 12 10 %
■ wrongful (menacing) tone
Interrogation. 39 35 %
4. Whether you consider, what these persons have the right to declare the objections against inadequate, in their opinion, interrogation conducting?

Yes;

93 84 %
No. 15 13,5
5. How you estimate activity of the teacher and the psychologist participating in interrogation of the minor?

They always actively participate in interrogation,

Realising the rights; 21 19 %
They are insufficiently active;

They are passive and see the role in signing

36 32,5 %
The report. 51 46 %
6. In what efficiency of participation of the teacher (psychologist) in interrogation of the minor is shown?

They set interrogated questions, promoting these to finding-out of essential circumstances;

They attentively got acquainted with the maintenance

63 56,5 %
Of the record of interrogation also expressed the opinion on completeness and correctness of records;

They objected to statement of the separate

24 21,5 %
Questions, including their inadmissible (directing). 15 13,5
7. Whether you involve in interrogation same or the different teacher and the psychologist?

Always I involve same, known

To me of the expert; 6 5,5 %
To thicket I involve same; 45 40,5 %
Always I involve different experts. 60 54 %
8. As it is frequent the participation in interrogation the teacher (psychologist) helped to come into contact to the minor:

Constantly;

9 8 %
Some times; 66 59,5 %
Never. 36 32,5 %
9. Whether there were in your practice cases when the minor negatively reacted to the teacher (psychologist) at carrying out of investigatory actions

Never;

105 95 %
Seldom, I remember 3 cases; 3 2,5 %
Often happens; 3 2,5 %
Constantly. 0 0
10. Whether you faced cases when the teacher (psychologist) invited by you for participation in investigatory action, evaded from the duties or did not show any interest to an event:

Did not face;

36 32,5 %
Faced seldom; 51 46 %
Faced constantly. 24 21,5 %
11. How often you invited to participation in interrogation of the social teacher (such persons are available at schools)?

I invite always;

30 27 %
I invite any teacher. 81 73 %
12. Whether there is in your opinion a necessity for fuller regulation of a role of the teacher and the psychologist at interrogation?

Is;

51 46 %
No, a regulation sufficient. 60 54 %
13. At the positive answer to a question №12 - as in your opinion it is necessary to improve the legislation in this direction?

To expand the rights and duties of the teacher and the psychologist (to allocate norms about the teacher and the psychologist in separate article UPK the Russian Federation);

30 59 %
To exclude a number of the rights and duties of the given persons in connection with an inefficiency; 1 2 %
To leave without changes; 5 10 %
To make other changes to the law (to specify -
What). 15 29 %

The summary table of results of interrogation of judges on questions on practice of participation of the teacher and the psychologist in interrogation of minors, and also their function, a role and efficiency of activity in criminal trial (it is interrogated 96

Judges)

Answers
Questions Quantity Percent
1. Whether the requirement of article 280 about obligatory participation of the teacher in interrogation of minor victims and witnesses is in your opinion justified in general is elderly till 14 years?

It is justified, as their participation can promote maintenance of the rights of the interrogated;

66 69 %
It is not justified, as their participation in interrogation does not bring advantage. 30 31 %
2. Whether the requirement of article 280 about attraction of the teacher to interrogation of minor victims and witnesses at the age from 14 till 18 years under your discretion is in your opinion justified in general?

It is justified, as persons at this age often require supplementary measures on

63 65,5 %
To maintenance of their rights;

It is not justified, as practically it is adult persons and they do not require supplementary measures on maintenance of their rights.

33 34,5 %
3. At a legal investigation with participation of minor witnesses and victims at the age from 14 till 18 years, whether to take part you got in their interrogation on examination during trial of the teacher, by rules st 191 UPK the Russian Federation?

Yes, in cases when at judicial interrogation are found out psychophysiological

81 84 %
Lacks of minors;

No as conditions of judicial interrogation (participation of the parties) in a sufficient measure provide the rights interrogated, including having

Physical and mental lacks. 15 16 %
4. At a legal investigation with participation of minors suspected and convicted, whether you expedient to get to take part in interrogation on examination during trial not consider the teacher, and the psychologist, by rules st 425 UPK the Russian Federation?

Yes, as the teacher has no sufficient data on the teenager which the psychologist possesses and which can be useful to creation of appropriate conditions of judicial interrogation;

48 50 %
No as the role of the psychologist at interrogation of minors actually does not differ from a role of the teacher. 48 50 %
5. In a positive case in what you see a role of these persons participating in interrogation?

In rendering of assistance to court in reception

12 25 %
Proofs (as the expert)

In an estimation of truthfulness of indications

15 31 %
The interrogated;

In prevention of infringements of the rights of the teenager (decrease in an intense situation, pressure of the parties on interrogated, arising at judicial interrogation, etc.).

33 69 %
6. Whether the teacher participating in interrogation of minor witnesses or defendants, necessary activity showed in your opinion?

Showed sufficient activity;

30 31 %
Did not show due activity; 30 31 %
Showed passivity. 36 38 %
7. Whether brings, from your point of view, advantage attraction of the given persons to interrogation?

Their participation is useful;

63 65,5 %
Their participation of advantage does not bring. 33 34,5 %
8. Whether there is in your opinion, a necessity for fuller regulation of a role of the teacher and the psychologist at interrogation?

There is a necessity;

30 31 %
No, a regulation sufficient; 60 62 %
Regulation excessive, the rights of these persons should be excluded, as court itself in a condition
To provide the rights of minors. 6 7 %
9. In a positive case - as, in your opinion, it is necessary to change the legislation in this direction?

To include in chapter 8 UPK the Russian Federation «Other participants

Criminal trial »the norm defining the status of the teacher and the psychologist in criminal trial; 30 100 %
To provide in chapter 50 UPK the Russian Federation necessity at interrogation of minors in court to observe requirements of item 191 UPK the Russian Federation; 0 0
To exclude provided UPK the rights of these persons in connection with their inefficiency; 0 0
To leave a legal regulation without changes. 0 0

The summary table of results of interrogation of the condemned minors concerning their relation to participation of the teacher and the psychologist in interrogation of minors, and also their function, a role and efficiency of activity in criminal trial (88 condemned are interrogated

Minors

Answers
Questions Quantity Percent
1. You are condemned for what crime?

Against the property;

54 61 %
Against a life and health; 24 27 %
Against population health; 4 4,5 %
Against sexual inviolability. 6 7,5 %
2. Your age at the moment of investigation manufacture:

Has reached 14 years;

33 37,5 %
Has reached 16 years; 55 62,5 %
Has reached 18 years. 0 0
3. Whether there were you earlier sudimy?

Yes, was we judge earlier;

41 46,5 %
We judge was not. 47 53,5 %
4. Who was present at interrogation you as the suspect:

The defender;

64 72 %
The teacher; 45 51 %
The psychologist; 6 7 %
The legal representative. 73 83 %
5. Who was present at interrogation you as the convicted:

The defender;

71 80,5 %
The teacher; 39 44,5 %
The psychologist; 5 5,5 %
The legal representative. 78 88,5 %
6. If at interrogation there was a teacher what was its role?

Has helped to come into contact between you and the inspector (judge);

9 15,5 %
Has explained you an essence of questions of the inspector
(Vessels);

Strutters to you questions;

Has specified to the inspector (court) the formulation of your answer;

Made changes and additions to the record of interrogation;

Actively did not participate.

12

6

5

8

30

20,5 %

10 %

8,5 %

13,5 %

52 %

7. Whether the teacher and the psychologist participated in other investigatory actions with your participation?

Yes, participated: in a confrontation and in check of indications on a place;

18 31 %
Did not participate. 40 69 %
8. If the teacher or the psychologist participated in other investigatory actions, whether that it showed activity?

Yes, showed;

10 55,5 %
No, did not show. 8 44,5 %
9. Whether the teacher participating in interrogation was familiar to you?

Yes;

37 42 %
No. 21 24 %
10. If a sign whence you know it:

The teacher from school where I studied;

24 65 %
The teacher from the Center of the social help to a family and children; 2 5 %
The teacher from other establishment known to me. 11 30 %
11. If at interrogation there was a psychologist what was its role?

Has helped to come into contact between you and the inspector (judge);

2 28,5 %
Has explained you an essence of questions of the inspector (vessels); 2 28,5 %
Strutters to you questions; 0 0
Has specified to the inspector (court) the formulation of your answer; 0 0
Made changes and additions to the record of interrogation; 0 0
Actively did not participate. 4 57 %
12. Whether the psychologist was familiar to you?

Yes;

4 57 %
No. 3 43 %
13. If knew, whence you know it:
A) the psychologist from school where I studied;

The psychologist from the Center of the social help to a family and children;

B) the psychologist from other establishment known to me.

2

1

1

50 %

25 %

25 %

14. Whether psychological or psihologo-pedagogical examination was spent concerning you?

Yes, it was spent;

58 66 %
No, it was not spent. 30 34 %
15. Whether you consider, what the teacher (psychologist) the actions promoted protection of your rights and interests at interrogation?

Yes, it actively protected my rights and interests;

20 23 %
No, it showed passivity; 24 27 %
I am at a loss to answer. 44 50 %

The summary table of results of interrogation of lawyers on questions on practice of participation of the teacher (psychologist) in interrogation of minors, and also their function, a role and efficiency of activity in criminal trial

(30 lawyers) are interrogated

Questions Answers
Quantity Percent
1. Whether It was necessary to you to participate in interrogation of minors?

Yes;

30 100 %
No. 0 0 %
2. At the positive answer to a question №1 as whom you participated in interrogation of the minor?

The defender of the convicted;

20 66 %
The representative of the victim; the lawyer of the witness; 5 17 %
Other 5 17 %
3. Whether the teacher (psychologist) invited the inspector for participation in interrogation?

Yes;

25 83 %
No, the answer of lawyers was specifying (it was invited by protection) 5 17 %
4. At the positive answer on вопрос№3 in what function of the teacher (psychologist) in your opinion consists, got to take part in interrogation of the minor?

The Teacher and the psychologist, being experts,

15 50 %
(Items 58 UPK) help the inspector:

■ to come into psychological contact with

5 17 %
The interrogated;

■ to help the inspector with overcoming zapiratelstva and lie;

They act as representatives of the pedagogical and psychological trades, called to provide appropriate conditions of interrogation and to preserve the rights interrogated from infringements in a kind:

10 34 %
■ requirements to confirm a version of the investigation;
■ statements of leading questions;

■ selective record of indications of the interrogated;

■ wrongful (menacing) tone of interrogation.

5 17 %
5. Whether you consider, what these persons have the right to declare the objections against inadequate, in their opinion, interrogation conducting?

Yes;

30 100 %
No. 0 0
6. How you estimate activity of the teacher (psychologist), participating in interrogation of the minor?

They always actively participate in interrogation, realising the rights;

0 0
They are insufficiently active; 15 50 %
They are passive and see the role in report signing. 15 50 %
7. In what efficiency of participation of the teacher (psychologist) in interrogation of the minor is shown?

They set interrogated questions,

5 17 %
Promoting these to finding-out of essential circumstances;

They attentively got acquainted with the maintenance of the record of interrogation and expressed the opinion about

5 17 %
To completeness and correctness of records;

They objected to statement of separate questions, including their inadmissible (directing).

15 50 %
Another - «in what» 5 17 %
8. Whether it was involved in interrogation same or different teachers (psychologists)?

The same expert was always involved; it was more often involved same;

20 66 %
Different experts («which know the minor») were always involved 10 34 %
9. As it is frequent the participation in interrogation the teacher (psychologist) helped to come into contact to the minor:

Constantly;

10 33,3 %
Some times; 10 33,3 %
Never («problems with the minor were not») 10 33,3 %
10. Whether there were in your practice cases when the minor negatively reacted to the teacher (psychologist) at carrying out of investigatory actions

Never;

30 100 %
Seldom, I remember cases; 0 0
Often happens; 0 0
Constantly. 0 0
11. Whether you faced cases when the teacher (psychologist) invited for participation in investigatory action, evaded from the duties or did not show any interest to an event:

Did not face;

5 17 %
Faced seldom; 20 66 %
Faced constantly. 5 17 %
12. Whether there is in your opinion a necessity for fuller regulation of a role of the teacher and the psychologist at interrogation?

Is;

10 34 %
No, a regulation sufficient 20 66 %
13. At the positive answer to a question №12 - as in your opinion it is necessary to improve the legislation in this direction?

To expand the rights and duties of the teacher and the psychologist (to allocate norms about the teacher and the psychologist in separate article UPK the Russian Federation);

10 100 % (from
To exclude a number of the rights and duties of the given persons in connection with an inefficiency;

To leave without changes;

To make other changes to the law (to specify - what).

All who has positively answered on

Question №12)

The appendix №7

The summary table of results of interrogation of psychologists from GBU WITH «the Regional centre of diagnostics and consultation» concerning their participation in interrogation of minor witnesses and victims on criminal cases about crimes against sexual inviolability of the minor

(9 psychologists) are interrogated

Questions Answers
Quantity Percent
1. Whether It was necessary to you to participate in interrogation with participation of minor witnesses and victims?

Yes, often;

9 100 %
Yes, seldom; 0 0
It was not necessary 0 0
2. At the positive answer to a question №1: in what your function, in your opinion, consisted at interrogation?

Has assisted the inspector in:

■ an establishment of psychological contact to the interrogated;

5 56 %
■ overcoming zapiratelstva and lie from the minor; 0 0
■ to the formulation and updating of questions in accessible to understanding of the minor a kind; 9 100 %
■ a choice of tactics of carrying out of interrogation. 6 67 %
Acted as the representative psychological the trades, called to provide appropriate conditions of interrogation and to preserve the rights interrogated from infringements in a kind:

■ requirements from the inspector (investigator) to confirm a version of the investigation;

0 0
■ statements by the inspector (investigator) of leading questions; 2 22 %
■ selective record by the inspector (investigator) of indications of the interrogated; 0 0
■ wrongful (menacing) tone of the inspector (investigator) at interrogation 0 0
Rendering of the psychological help to the minor and its lawful
To the representative with a view of bar of claim by lapse of time of aggravation of a mental trauma. 9 100 %
3. Whether the inspector in advance (not less than for days) prior to the beginning of interrogation gave the information on the substance of criminal case?

Yes;

9 100 %
No 0 0
4. At the positive answer to a question № 3, what sort was the information:

Data on the person of the victim: biographic data, significant personal psychological qualities, conditions of education, training, residing, a level of development, family type, the relation to the crime fact, to

9 100 %
To the criminal.

Data of biographic character about participants of process (witnesses, legal representatives): formation, a trade, a way of life, a level of development, the significant personal

9 100 %
Features, the relation to the crime fact, to the criminal

Data about the suspect: the biography, an image

9 100 %
Lives, significant lichnostny features etc.;

Data about circumstances of business: time, a place and other conditions of committing a crime how and when it became known about violence.

9 100 %
5. Whether the inspector in advance (not less than for days) prior to the beginning of interrogation gave the plan of the interrogation containing the list of circumstances, coming under to finding-out, a circle of the questions demanding finding-out, their maintenance, sequence:

Yes;

7 78 %
No. 2 22 %
6. At the positive answer to a question № 5, whether you introduced corrective amendments in the plan of interrogation offered by the inspector:

Yes;

3 33 %
No. 6 67 %
7. At the positive answer to a question № 6, you brought what corrective amendments:
The formulation and updating of questions in accessible to understanding of the minor a kind 9 100 %
8. Whether you consider, what you have a right to object to inadequate conducting interrogation?

Yes;

9 100 %
No. 0 0
9. Whether you showed activity at participation in interrogation of the minor?

Yes, I always actively participate in interrogation, realising the rights;

9 100 %
I am not always active;

No, I am passive, as interrogation is led with

0 0
Observance of rules of procedure by the inspector (investigator). 0 0
10. In what efficiency of your participation in interrogation of the minor was shown?

Strutters interrogated questions, promoting these to finding-out of essential circumstances;

Attentively got acquainted with the maintenance

0 0
Of the record of interrogation also expressed the opinion on completeness and correctness of records;

Objected to statement of the separate

0 0
Questions, including their inadmissible (directing) 2 22 %
11. Whether there were in your practice cases when the minor negatively perceived you as the participant of investigatory action?

Never;

9 100 %
Seldom, I remember cases; 0 0
Often happens; 0 0
Constantly. 0 0
12. Whether there is in your opinion a necessity for fuller regulation of a role of the psychologist at interrogation?
Is; 9 100 %
0 0
No, a regulation sufficient.
13. Whether in a full measure conditions are satisfied
Agreements on interaction of investigatory management of Investigatory committee of the Russian Federation on the Samara area with the ministry of an is social-demographic and family policy of the Samara area from 19.01.2015г.?

Yes;

No.

6

3

67 %

33 %

14. At the negative answer to a question № 13, what remarks at you are available to the organisation and an order of interaction?

Not always for days the plan is given

3 33 %
Interrogation and criminal case materials;

Delivery of the psychologist to a place of manufacture of interrogation is not always provided

3 33 %

INSTRUCTION

About activity of the teacher (psychologist) in connection with attraction to participation in investigatory actions, and also about their interaction with the inspector

(Investigator) and court

1. The present Instruction is addressed the teacher (psychologist) with a view of activization of their participation in investigatory actions: interrogation, a confrontation, a presentation for an identification and check of indications on a place. The purpose of participation of the teacher (psychologist): to consider and eliminate all those factors which from the point of view of pedagogics and psychology, are capable to strike at the rights and to break interests of the minor, to harm its mental condition and development, and also to deform the information informed it.

Problem of the teacher (psychologist) at criminal proceeding is rendering of the psychological help to the minor directed on stabilisation of its psychological condition. This problem is the component of function of psychological support directed on an exception of harm to development and mentality of the minor. Realising the given function by manufacture of investigatory actions with participation of minors, the teacher (psychologist) promotes realisation of the rights and legitimate interests of the minor suspects convicted, victims, witnesses.

2. The teacher (psychologist) - the person possessing special pedagogical (psychological) knowledge and involved in interrogation and other investigatory actions, connected with reception of the verbal information from minors, and also persons with mental lacks, with a view of use of this knowledge for creation of appropriate conditions of interrogation and prevention of possibility of application of receptions of carrying out of investigatory actions inappropriate to positions of a pedagogical science, and also for prevention of incompleteness and discrepancy of fixing of results of interrogation.

3. As the teacher (psychologist) the person possessing special pedagogical (psychological) knowledge, having average or higher pedagogical (psychological) formation and the experience of work not less on pedagogical or supervising posts can be involved than 3th years. As the psychologist the person having a pedagogical education with an additional speciality "Psychology" and the experience of work not less of 1st year can be involved also.

4. There are two forms of participation of the teacher (psychologist) in investigatory actions:

On command of the law demanding obligatory participation of the teacher (psychologist) in investigatory actions when the witness and the victim suspected, convicted and the defendant, have not reached 16-year-old age, or have reached, but suffer the mental derangement or lag behind in mental development;

At the discretion of the inspector.

5. At carrying out of investigatory actions with participation of minor witnesses and victims of any age on affairs about crimes against sexual inviolability of minors, the law provides obligatory attraction of the psychologist.

6. For correct understanding of the problem and preparation for participation in

Investigatory action it is expedient to teacher (psychologist) to constitute representation about essence of legal proceeding, about features of the person of the minor, character of interaction with the inspector. With that end in view before carrying out of investigatory action the teacher (psychologist) has the right to declare the petition to the inspector granting to it to possibility to study

The necessary materials of criminal case characterising the person

The minor, his life and education conditions (indications of witnesses, the legal representative can be those, the expert's statement, reports of investigatory actions, the characteristic, other documents, which

Characterise the person of the minor). It is expedient to familiarise also with remedial decisions on assignment to the minor of a certain legal status in criminal trial. The teacher (psychologist) has the right to ask to explain the inspector the maintenance and the purpose of forthcoming investigatory action to define necessary forms of the participation in it.

7. By results of studying of materials has put the teacher (psychologist) defines necessity of carrying out before investigatory action of preliminary conversation with the minor to constitute representation about psychological features of the concrete teenager, to understand essence of a position of the minor from the point of view of its communicative installation - readiness for dialogue with the inspector (court) and conditions of such dialogue. In case of decision-making on necessity of such preliminary conversation the teacher (psychologist) declares it the petition. It is expedient to declare the given petition prior to the beginning of investigatory action carrying out. If the teacher (psychologist) have not taken advantage of possibility of familiarity with business materials (at own discretion or in connection with urgency of interrogation) the corresponding petition can be declared in an initial part of investigatory action.

8. If necessary the teacher can petition for reception of additional materials about the person of the minor.

9. In case of an establishment of the bases for the elimination from process,

The teacher (psychologist), is obliged to declare rejection (for example, owing to

Aversions with the minor, interest of the teacher (psychologist) in issue of a suit, absence of appropriate qualification etc.).

10. By results of conversation with the minor the teacher (psychologist) can state to investigatory agency the offer on discharge of the legal representative from participation in investigatory action or about its replacement.

11. By results of preliminary conversation the teacher (psychologist) draws the conclusion about psychological readiness of the minor for carrying out of investigatory action or about necessity to postpone investigatory action carrying out.

12. The teacher (psychologist) can inform the inspector the characteristic of individually-psychological features of the minor which, in its opinion, matters for investigatory action carrying out. The teacher (psychologist) has the right to declare necessity of check of mental condition of the minor from the point of view of presence at it diseases or backlogs in development in case of revealing of corresponding signs of such backlog or the mental derangement.

13. On the basis of the analysis of the received data from a position of a professional knowledge the teacher (psychologist) can formulate for officials of the recommendation, the concerning organisations and the tactical moments of carrying out of the investigatory action, considering features of the minor. It is necessary to carry to organisation questions: the interrogation place, the optimal time of carrying out of investigatory action; a circle of participants taking into account trust degree to them of the minor. It is possible to carry informing of the inspector (vessels) on laws of course to recommendations of a tactical order at minor those or other mental processes; about the installations which have developed at the teenager. The teacher (psychologist) can state also the judgements about expedient rate of carrying out of investigatory action to have possibility to state a professional estimation of a developing situation.

14. By results of conversation with the minor the teacher (psychologist) can state to investigatory agency the offer on discharge of the legal representative from participation in investigatory action or about its replacement.

15. During carrying out of investigatory action the teacher (psychologist) can with the permission of the inspector or under its request to explain to the minor essence of the questions set to it. Having found out difficulties in understanding of a question of the inspector, the teacher (psychologist) has the right with the permission of the inspector (or under its request) to correct the same question. Besides, the teacher (psychologist) has the right to set with the permission of the inspector questions to the minor. Thus the teacher (psychologist) can ask about possibility granting to set questions to the minor on separate stages of carrying out of investigatory action.

16. The teacher (psychologist) has the right to set with the permission of the inspector questions suspected and convicted, to get acquainted with the record of interrogation and to do remarks on correctness and completeness of the records made in it. Participating in interrogation the teacher (psychologist) not concordant with tactics of interrogation of the inspector, the formulation of questions and-or the report maintenance, the teacher (psychologist) has the right to do the remarks which are coming under to placing on record.

17. The teacher (psychologist) can inform the inspector, the legal representative and the defender on mental condition of the minor, and in connection with its aggravation to ask about stay or investigatory action carrying over.

18. Upon termination of investigatory action the teacher (psychologist) having familiarised with the investigatory action report, has the right to reflect in it the remarks on correctness and completeness of records, and also wrong, in its opinion, actions pravoprimenitelja at investigatory action carrying out.

19. The teacher (psychologist) has the right

- To watch observance of duration of investigatory action;

- To bring complaints to actions (inactivity) and decisions of the investigator, the inspector, the public prosecutor and the vessels limiting it of the right;

- To receive the reimbursement, connected with an appearance to a place of manufacture of investigatory action.

20. The teacher (psychologist) cannot participate in criminal proceeding, if it:

- Participation of the teacher (psychologist) as the victim, the civil claimant, the defendant or the witness on the given criminal case;

- Participation in quality of the juryman, the translator understood, the expert, the expert, the secretary of session of the court, the defender, the legal representative of the suspect convicted, the representative of the victim, the civil claimant or the defendant;

- Relatives related or family relations with any of participants of manufacture on the given criminal case;

- Other circumstances giving the basis to believe, that he personally, is expressly or by implication interested in an outcome of the given criminal case;

- Office or other dependence on the parties or their representatives;

- Absence of necessary special knowledge or operational experience on a pedagogical (psychological) speciality;

- The mistrust expressed to the teacher (psychologist) by the minor witness, sustained, to the suspects convicted and their legal representatives.

21. The teacher (psychologist) has not the right to evade from an appearance on calls of the investigator, the inspector or in court, and also to disclose the data of the preliminary investigation which have become by it known in connection with participation in criminal proceeding.

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A source: Demkina Maria Sergeevna. TEACHER (PSYCHOLOGIST) AS the PARTICIPANT of the CRIMINAL TRIAL: the PRE-JUDICIAL STAGE. The dissertation on competition of a scientific degree of the master of laws. Samara - 2018. 2018

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