Reasonable risk as a problem of legal psychology

Abstract

The article is devoted to the reasonable risk (article 41 of the Penal code of Russian Federation), as an important issue requiring the attention of specialists working in the field of legal psychology. Presented the psychological characteristics of the concept of «reasonable risk», describes the mechanisms of decision making in situations of risk and classifications of situations of risky behavior by the nature of activity and character that are significant to criminal law. Understand options for risk situations, which can take place of the circumstances excluding criminality of act. Deals the capabilities and competencies of psychological assessment, tasks, questions for expert-psychologist, as well as the opportunities, especially use of the court expert to address the issue of criminal responsibility. The conclusion is made about necessity of further development of the methodological basis of the application of forensic psychological examination of the reasonableness of risk.

Keywords

• reasonable risk
• criminal responsibility
• risk-taking behavior
• competence and psychological examination