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Abstract
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The testimonies of victims of crimes are extremely important in criminal prosecution and court proceedings because often they are the only witnesses of the crime.
Aims
To find out clinical factors which determine victimological behavior in adult persons with mental disorders who become victims of crime and to work out criteria of their competence to stand trial.
Methods
Psychopathological, psychological, statistical.
Results
128 adult patients with different mental disorders were examined (organic brain disorders, mental retardation, schizophrenia, personality disorders). All were victims of crimes (rape, robbery, beating, fraud). According to Russian legislation persons who due to mental disorder can not understand the nature of the crime committed against them may not be put to trial. In such cases pretrial forensic psychiatric assessment must give a conclusion about capacity of a victim to give evidence. The study has revealed that the competence to stand trial is determined by severity of symptoms. The relation between psychopathologial symptoms and types of victimological behavior was revealed. Light symptoms determined psychological mechanism with provocative type of victim's behavior. In such cases victims could understand the nature of crime and give the evidence. Moderate and severe symptoms determined psychopathological mechanism and significant victimization of the patients with passive and aggressive types of behavior. Those victims could not understand the meaning of the crime and give evidence.
Conclusion
If the court decides that victim not competent to stand trial it can reduce revictimization of the patients avoiding traumatic experience of giving evidence in the court. |