ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

The legitimacy of the use of hypnosis during interrogations of victims and witnesses and the processual value of the information obtained from its results

The legitimacy of the use of hypnosis during interrogations of victims and witnesses and the processual value of the information obtained from its results

Pages: 140-147
Year: 2018
Location: Pravova Ednist Ltd

Review

For the purpose of the effectiveness, completeness and quickness of  investigations of crimes, scientists and practitioners have increasingly drawn their attention to the possibility of applying hypnosis to the pre-trial investigation stage as one of the non-traditional method for obtaining significant information for criminal proceedings. However, there is no single point of view regarding the legality and appropriateness of its application.

Therefore, the purpose of the article is to analyze and generalize existing scientific approaches to the legality of the use of hypnosis during the interrogation of victims and witnesses and to establish the procedural significance of information obtained with its results.

On the basis of the analysis of the current criminal procedural legislation of Ukraine, scientific sources and experience of foreign states, the author defined the concept of non-traditional methods of proof and hypnosis. The experience of applying hypnosis during the investigation of criminal violations in foreign countries has been analyzed and described.

The article analyzes the views of scientists who oppose the use of hypnosis during the investigation, as well as the views of authors who believe that using such non-traditional method of crime investigations is advisable.

The author established that the use of hypnosis in the investigation of crimes should meet certain conditions that do not contradict the current legislation and do not violate the rights and freedom of citizens. The borders of admission of application of hypnosis are marked. The attention is drawn to the fact that the use of hypnosis is appropriate when interrogating witnesses and victims who have been affected by psychological or physical influence during the commission of a crime. It was found that the use of hypnosis is possible in those cases where the interrogated person for various reasons can not remember the circumstances of the crime.

The article analyzes the opinions of scientists about the possibility of using information obtained through the use of hypnosis. It is determined that such data are not have value of evidence.

Keywords: non-traditional method, hypnosis, hypnoreproduction, investigator hypnosis. 

The legitimacy of the use of hypnosis during interrogations of victims and witnesses and the processual value of the information obtained from its results