The thesis is the first qualification scientific work in Ukraine, which offers a comprehensive criminalistical concept of the perception and use of anthropogenic nonverbal information in criminal proceedings.
The degree of scientific development of the problem of research and use of nonverbal information in criminalistics has been determined. The main stages of scientific development of nonverbal information are singled out. The general scientific positions on perception and use of nonverbal information in criminal proceedings are characterized. The necessity to integrate the provisions of anthropogenic nonverbal information as a complex dynamic system into the theory of criminalistics, which includes the practice of criminal proceedings and criminalistical recommendations, aimed at improving this practice, is substantiated. The concept of perception and use of anthropogenic nonverbal information is developed.
The concept and sources of anthropogenic nonverbal information in criminal proceedings are defined and its classification is carried out. The scientific category «anthropogenic nonverbal information» was introduced into the doctrinal circulation, which is proposed to be defined as information of a personality about psychological, physiological, social and other properties and signs of state and speech (or manifestations of non-linguistic communication) of persons involved in criminal proceedings, with the aim of clarification of their relation to the investigated event.
The types of anthropogenic nonverbal information in criminal proceedings are characterized, in the basis of classification of which are two classes of manifestation of nonverbal information: kinesic (gestural, mimic, pantomimetic, tactile, myremic manifestations) and paralinguistic (fonetic, respiratory manifestations). The functions of anthropogenic nonverbal information in criminal proceedings are defined. The significance of anthropogenic nonverbal information in criminal proceedings is described. Nonverbal information is defined as a kind of criminalistical information and its significance in criminal proceedings is disclosed. The principles of use of anthropogenic nonverbal information in criminal proceedings (unity of activity and consciousness, objectivity, taking into account the relationship of physiology and psychology, historical approach, two-dimensional manifestations) are formulated.
Methods and means of research of anthropogenic nonverbal information in criminal proceedings are differentiated into traditional and innovative. Traditional methods and means of research of anthropogenic nonverbal information in criminal proceedings (sensory-rational, technical methods and means of research, mixed) and innovative methods of research (verification, validation, verbalization, psychophysiological method) are described. The general provisions of the tactics of use of anthropogenic nonverbal information on pre-trial investigation are defined: circulating in criminal proceedings at the stages of pre-trial investigation and court proceedings; subjects of perception and use are all participants in criminal proceedings; primarily non-procedural form of implementation; the focus on information provision for pre-trial investigation and court proceedings.
The specificity of the perception and use of anthropogenic nonverbal information during the interrogation is outlined. The conceptual ideas of the individual approach to the tactics of use the provisions of nonverbal information, development of the direction of negotiation tactics as a constituent of criminalistical provision to achieve procedural compromise, and verification as the first principle of the approach to determining the degree of reliability of the information received, are improved. Practical recommendations for the perception and use of anthropogenic nonverbal information during the search and propositions on the perception and use of nonverbal manifestations of the participant in criminal proceedings are formulated, which supplement the contents of the available criminalistics recommendations that reveal techniques for detecting lies, establishing contact, interaction, obtaining and studying data etc.
The general provisions of the tactics of use of anthropogenic nonverbal information in the court proceedings are determined and tactical recommendations of perception and its use in court proceedings are proposed. The nature, limits and possibilities of use the provisions of anthropogenic nonverbal information in criminal proceedings are revealed, traditional and new forms of application of such knowledge are highlighted.
