K.V. Podvoysky
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Lies in the structure of forensic cognition (part one)Moscow University Bulletin. Series 11. Law. 2020. 6. p.87-94read more274
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From the standpoint of the system-activity approach, the place of lie in the structure of forensic cognition was considered. The first of two related articles explores the characteristics of lying as the object of forensic cognition. According to the concept of a lie as a communication of information, committed in order to mislead someone, the dynamic structure of forensic knowledge was analyzed. The author concluded that the study of a lie in the process of this activity can pursue the task of proving the circumstances of the commission of a lie, as well as overcoming it.
Keywords: lies; deception; forensic cognition; investigation tactics
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Lies in the structure of criminalistic cognition (article two)Moscow University Bulletin. Series 11. Law. 2021. 3. p.101-119read more270
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From the standpoint of the system-activity approach, the place of lie in the structure of forensic cognition was considered. The second of two related articles explores the characteristics of lying as method and result of forensic cognition. A distinction was made between misleading as a method of criminalistic cognition and other categories of investigator’s lie. Two types of cognitive tasks of the first category of the lie were considered, according to which two situations were distinguished. The first one was a “diagnostic lie”, which is used to check some investigative theories. The second one was a lie, which aims to neutralize opposition to the investigation. The main ways in which the investigator committed lies were also analyzed. It was substantiated that, although the result of the investigation may be aimed at misleading the judge, this lie does not apply to notion of criminalistic cognition. At the same time, such actions of an investigator, which are illegal, are of significant interest for the forensic science.
Keywords: lies; forensic cognition; investigation tactics; investigative methods; methods of detecting lies
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