Problems of Forensic Sciences 2018 Vol. 114 (CXIV) 159-174
PROCEDURAL BODIES’ USE OF PSYCHOLOGISTS’ EXPERT OPINIONS IN CASES OF SUDDEN DEATH
Ewa WACH, Teresa JAŚKIEWICZ-OBYDZIŃSKA
Institute of Forensic Research, Kraków, Poland
Streszczenie
A psychologist’s expert opinion is one of the resources that can help the investigating bodies, as well as those charged with taking judicial decisions, in cases requiring clarification of the circumstances surrounding a sudden death. Constructing a psychological profile of a deceased person makes it possible to confirm, or exclude, motives of suicide. If the possibility that the deceased took his or her own life can be ruled out, the investigative hypothesis of murder is strengthened. It is also important for procedural decisions to establish whether other people assisted in the suicide. As well as an analysis of the crisis situation that preceded the suicide, this requires account to be taken of the psychophysical characteristics of the deceased and the way they experienced particular events.
The case files containing psychologists’ opinions were analysed to gauge the usefulness of the latter, which were found to have been widely quoted in judgments. The opinions were regarded as very helpful in deciding whether to open a murder investigation or close a case and accept it as an unfortunate accident. Indictments were formulated in respect of people who had contributed to a death in approximately one-third of the cases. Noticing that the principles arising from Art. 207 § 3 of the Criminal Code were not interpreted consistently in cases where defendants were found to have mistreated victims of suicide, and that the final rulings turned on the interpretation of “qualified mistreatment” and “intentional guilt”, captured our attention. It is this issue that receives extended treatment in the article.
Słowa kluczowe
Motives for suicide; Emotional and physical violence; Psychological autopsy; Profiling; Court order.