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Psychology and Law

Publisher: Moscow State University of Psychology and Education

ISSN (online): 2222-5196

DOI: https://doi.org/10.17759/psylaw

License: CC BY-NC 4.0

Started in 2011

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Reasonable risk as a problem of legal psychology 1663

Sitkovskaya O.D.
Doctor of Psychology, head of Department of psychological support of prosecutorial activities of the research Institute of the , Academy of the Prosecutor General of the Russian Federation, Moscow, Russia
e-mail: odsitkov@rambler.ru

Abstract
The article is devoted to the reasonable risk (article 41 of the Penal code of Russian Federation), as an important issue requiring the attention of specialists working in the field of legal psychology. Presented the psychological characteristics of the concept of «reasonable risk», describes the mechanisms of decision making in situations of risk and classifications of situations of risky behavior by the nature of activity and character that are significant to criminal law. Understand options for risk situations, which can take place of the circumstances excluding criminality of act. Deals the capabilities and competencies of psychological assessment, tasks, questions for expert-psychologist, as well as the opportunities, especially use of the court expert to address the issue of criminal responsibility. The conclusion is made about necessity of further development of the methodological basis of the application of forensic psychological examination of the reasonableness of risk.

Keywords: reasonable risk, criminal responsibility, risk-taking behavior, competence and psychological examination.

Column: Methodological Problems of Legal Psychology

DOI: https://doi.org/10.17759/psylaw.2017070119

For Reference

References
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  2. Petrovskii V.A. Neadaptivnyi risk: fenomenologiya i opyt interpretatsii [Maladaptive risk: phenomenology and interpretation experience] // Upravlenie riskom [Risk management], 1997, no. 3, pp. 29-34.
  3. Psikhologiya: slovar' [Psychology. Dictionary] / Pod obshch. red. A.V. Petrovskogo, M.G. Yaroshevskogo. Moscow: Publ. Politizdat, 1990. 344 p.
  4. Ugolovnyi zakon. Opyt teoreticheskogo modelirovaniya [Criminal law. Experience of theoretical modelling] / Pod red. V.N. Kudryavtseva & S.G. Kelinoi. Moscow, 1987. 276 p.
 
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