Problematic Aspects of the Communicative Component of Legal Proceedings

Abstract

Today, the attention of lawyers is focused more on the issues of digitalization of legal proceedings in general and judicial communication based on the speech activity of participants in the process. The problems of legal proceedings as an independent type of social communication remain in the shadows. Since the testimony of participants in the proceedings is the most common evidence, law enforcement officers need up-to-date information about the specifics of their formation and receipt. Research conducted by psychological scientists in different countries of the world currently calls into question the possibility of using even bona fide participants in the process in evidence without additional verification of the testimony. Law enforcement officers are objectively unable to distinguish false memories from those related to events that actually took place. When checking the information provided by the participants in the proceedings, special knowledge from the field of linguistics, psychology, psychophysiology and related fields should be used. At the same time, the identification by expert means of signs of the participant’s awareness of a legally significant event or distortion of the information reported by him must be distinguished from the procedural evaluation of evidence.