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FORENSIC AND LEGAL SIGNIFICANCE OF HYPNOSIS DURING A CRIMINAL INVESTIGATION
V Osmolian1, Al Avsievich1, Va Parandiy1
11Interregional Academy of Personnel Management, Ukraine.
Georgian Medical News
|January 18, 2024
Summary
This study examines the legal admissibility of using hypnologists in criminal proceedings across several European countries. It highlights the need for clearer legislation to protect participants and regulate evidence collection through hypnosis.
Area of Science:
- Forensic Psychology
- Legal Medicine
- Comparative Law
Background:
- The participation of psychotherapists, specifically hypnologists, in criminal proceedings for evidence collection is a complex legal and ethical issue.
- Existing legal frameworks in Ukraine, Georgia, Poland, Czech Republic, Slovakia, and Hungary lack clear guidelines regarding the involvement of hypnologists in investigative actions.
- There is a recognized need to balance the collection of evidence with the protection of individuals' rights to legal and medical safeguards during forensic examinations.
Purpose of the Study:
- To conduct a comparative legal analysis of criminal and criminal procedural legislation in selected European countries concerning the involvement of psychotherapists (hypnologists) in evidence-gathering procedures.
- To determine the feasibility and legal admissibility of using hypnologists to conduct hypnosis sessions with participants in criminal proceedings.
- To propose improvements to medical and legal legislation to address the ambiguities surrounding the use of hypnologists in forensic investigations.
Main Methods:
- Comparative legal analysis of criminal and criminal procedural laws of Ukraine, Georgia, Poland, Czech Republic, Slovakia, and Hungary.
- Examination of the specifics of hypnotherapy as a branch of psychotherapy.
- Review of international legal norms and national legislation related to forensic examinations and evidence collection.
Main Results:
- A significant lack of clear implementation in criminal procedural norms regarding the participation of hypnologists in forensic examinations and investigative actions aimed at evidence collection.
- International legal norms and specific situations in forensic medical examinations highlight the need for defined legal standards for psychotherapist involvement.
- Legislation in Georgia explicitly prohibits the engagement of hypnologists in evidence collection through hypnosis, indicating a potential model for other nations.
Conclusions:
- There is a pressing need for amendments to criminal procedural legislation in Ukraine and EU countries (Poland, Slovakia, Hungary, Czech Republic) to clarify the role and limitations of hypnologists in evidence gathering.
- Clearer definitions and regulations are required to govern the engagement or prohibition of hypnologists in forensic investigative actions involving hypnosis.
- Implementing these legal changes will safeguard individuals' right to health, discourage the use of hypnosis for evidence collection by law enforcement, and align with international healthcare and legal principles.
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