PROBLEMS OF ESTABLISHING AND EVALUATING EVIDENCE OF PHYSIOLOGICAL AFFECT

Abstract

The author analyzes the shortcomings and difficulties encountered in establishing the presence or absence of physiological affect in the accused at the time of the crime. The analysis of specific cases from judicial practice is carried out, demonstrating contradictory conclusions of forensic psychological and complex forensic psychological and psychiatric examinations about the presence or absence of physiological affect in the subject during the period of the incriminated act with the period of accumulation of a traumatic situation. It is pointed out that it is difficult for the court to assess evidence when resolving questions about the presence or absence of physiological affect in the accused at the time of the commission of the crime. Attention is paid to the development of specialized methodological recommendations and the mandatory application of uniform professional standards and terminology that ensure the unambiguity and objectivity of expert conclusions regarding affective states during criminal acts.