Forensic Psychological Aspects of the Term “Provocation” in Criminal Proceedings

Abstract

Based on the expert analysis of legal norms, using the term “provocation”, the author of the paper is trying to develop an expert concept of “provocation”, which can be used in forensic psychological and comprehensive psychological and linguistic examination. It is demonstrated that the focus of a subject’s communicative activity on incitement to commit particular actions (offer, giving or getting a reward, or readiness to do so) leading to negative consequences in the form of prosecution, is such a concept. This focus expresses as a formation of a particular mental set. The development of consent or offer to commit a specific action seem to be the psychological features of the phenomenon described in law as “to incite, incline, induce, directly or indirectly, to commit unlawful acts (provocation)”. The author proposes the questions which may be put to experts when assigning an examination or a "provocation to bribe” diagnostic complex. The expediency to conduct a comprehensive psychological and linguistic expertise when investigating crimes under articles 290, 291, 291.1 of the Russian Federation’s Criminal code in cases of suspicion that illegal actions resulted from entrapment is justified.

Keywords

• forensic psychological examination
• comprehensive forensic psychological and linguistic examination
• forensic expertology
• expert concepts
• corruption crimes
• provocation
• mental pressure