Problems of Forensic Sciences 2010 Vol. 81 (LXXXI) 28-40
FORENSIC PSYCHOLOGY IN THE XXI CENTURY VIS-Á-VIS THE LAW AND CRIMINAL TRIALS IN POLAND
Lech K. PAPRZYCKI
President of the Supreme Court, Criminal Chamber, Warsaw, Poland
Department of Criminal Law, Kozminski University, Warsaw, Poland
Streszczenie
The author attempts to assess missed opportunities to apply contemporary psychology in criminal procedure. The author analyses typical situations in which there is a need and possibility of broader use of specialist psychological knowledge from his perspective as an experienced criminal judge who has issued many judicial opinions relating to these matters. These situations include: pronouncing on the mental state of a perpetrator in the context of his/her degree of sanity, the need and appropriateness of applying health and security measures, the legal category of the deed taking into account psychological criteria (such as murder under
the influence of a state of strong agitation or out of motivation warranting special condemnation), psychological criteria taken into account in a situation of exceeding boundaries of necessary selfdefence (fear or agitation) or else assessment of reliability of testimony. The author calls for greater use of contemporary psychology in criminal trials. He also puts forward concrete proposals de lege ferenda, for example – as was recently done in civil law – to clearly formulate the principle of mandatory appointment of an expert psychologist in situations linked with expert opinions on sanity.
Słowa kluczowe
Psychological expert opinion in criminal matters; Not making use of opportunities for the development of forensic psychological expert witnessing and prospects for said development; Forensic sciences