International Journal of Law And Criminology
59
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue06 2025
PAGE NO.
59-62
10.37547/ijlc/Volume05Issue06-12
The Relevance and Problems of Psychology in The
Investigation of Crimes
Yoqubjonov Ma’rufjon Odiljon o’g’li
Lecturer at the Training Institute for lawyers, Uzbekistan
Received:
27 April 2025;
Accepted:
23 May 2025;
Published:
25 June 2025
Abstract:
This article analyzes the role, relevance, and challenges of psychology in the process of criminal
investigation. The lack of scientific research in investigative psychology, the absence of trained professionals,
limited technical resources, and weak legal frameworks are identified as major issues. The paper reviews
international practices, particularly those from the United States and the United Kingdom, in applying
psychological methods during interrogation and profiling. It also provides practical recommendations for
integrating investigative psychology into Uzbekistan's legal and investigative systems.
Keywords:
Investigative psychology, criminal profiling, interrogation, psychological assessment, legal framework,
investigation practices.
Introduction:
The Republic of Uzbekistan has set itself
the task of achieving independence and building a
democratic state governed by the rule of law and a free
civil society where human rights and freedoms are fully
guaranteed. This task, in turn, required a radical reform
of every sphere of the country's life, the development
of the legal, economic, organizational, and other
foundations of reforms, and the systematic
organization of work in each sphere. In our country,
work in this direction has begun at an accelerated pace,
and reforms are being implemented step by step.
However, despite this, there are still shortcomings in
establishing the truth during the investigation process.
This creates problems in the administration of justice
and the identification of the true causes of crime and
their subsequent elimination. There are many cases
when the majority of persons who participated in court
proceedings and were interrogated give testimony
completely opposite to the testimony given during the
preliminary investigation. The reason for this is that
they gave testimony under the influence of fear and
stress during the investigation. During the preliminary
investigation, investigative practice is of great
importance and plays a significant role in organizing the
judicial process based on the principle of fairness.
However, the inability to apply investigative psychology
in these processes leads to shortcomings in establishing
the truth. The following reasons indicate the relevance
of investigative psychology in practice:
Firstly, over the past 20 years, no monographic
research has been conducted, and no scientific works
or dissertations have been written. This, in turn, led to
the lack of understanding of the theory and practice of
investigative psychology in the relevant authorities.
Secondly, there is no system for training personnel in
this field, there are no specialists. Currently, it has not
been established as a separate subject in legal
educational institutions. Naturally, this creates
shortcomings in determining the real facts of criminal
cases. During investigations and court proceedings,
individuals and individual subjects engage in
interaction.
Psychology
naturally
exists
in
communication. It is necessary to apply psychology in
investigative processes and use it correctly. However,
evaluating criminal cases without knowing it and
hearing a specialist's opinion is considered biased in
"finding the truth" and ensuring justice. For example,
due to the lack of application of investigative
psychology, cases in court cases are decided in favor of
the party that convinced the judge the most, rather
than "establishing the truth."
Thirdly, the lack of the necessary technical means for
the
correct
implementation
of
investigative
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International Journal of Law And Criminology (ISSN: 2771-2214)
psychology. For example, before the United States, a
special detector (polygraph) was used to detect lies.
The instrument typically used for polygraphic tests is a
physiological recording that assesses three indicators
of autonomic arousal: heart rate, blood pressure,
respiration, and skin permeability. Today, most
examiners use computerized registration systems.
Respiratory rate and depth are measured with
pneumographs wrapped around the chest of the
object. Cardiovascular activity is assessed by the blood
pressure cuff. Skin conductivity (called the galvanic skin
or electrodermal reaction) is measured by electrodes
attached to the fingertips of the subject. Currently, this
tool has been improved and is being tested in certain
parts of the brain. Based on foreign experience, it is
necessary to enrich investigative practice with
psychological and technical means.
Fourthly, there is no legal basis for the application of
psychology in investigative practice. Only in the Decree
of the President of the Republic of Uzbekistan dated
February 7, 2017 No. DP-4947, that is, in the Decree
"On the Action Strategy for the Further Development
of the Republic of Uzbekistan[1]" the development of
psychological science, along with other sciences, is
defined as a separate task. However, no practical work
has been done in this direction yet. The grounds for
applying psychology in investigative activities still lack a
legal basis. In practice, we have a need, but there is no
systematic mechanism to regulate it/
The above factors also contribute to the insufficient
formation
of
professional
psychology
among
employees of investigative bodies. For example, the
increased mental tension in the investigator's work, the
need for constant operational reactivity, places special
demands on the organization of the psyche.
The procedural independence of an investigator
requires high initiative, organization, and social
responsibility. To overcome nervous and psychological
overloads, they must possess emotional and volitional
endurance,
calmness,
determination,
and
inexhaustible confidence in the success of their work.
Important psychophysiological qualities of an
investigator include:
1)
sensitivity - increasing neuropsychic sensitivity
to external influences;
2)
optimal ratio of reactivity (impulsivity) and
activity;
3)
emotional stability;
4)
plasticity of mental processes;
5)
decrease in the level of anxiety - moderate
emotional arousal in dangerous situations;
6)
resistance - resistance to external and internal
conditions that hinder the implementation of the
initiated activity;
7)
tolerance - resistance to neuropsychic
stress.[2]
It is also a psychophysiological characteristic of the
investigator to treat the person expected to be
interrogated well and give him a cup of water.
However, work stresses, conflicts, long working hours,
and excessive workloads fill his mind with the idea of
resolving the investigation as quickly as possible.
The moral qualities of an investigator include: the
uncompromising struggle against evil, lawlessness, and
social injustice - these are the most important qualities
necessary for a person who chooses the profession of
an investigator. The investigator's action strategy
should not be based on playing with the interrogated
person or seeking common interests. Interrogated
persons should view the investigator as an honest,
principled, cultured person who knows their work,
does not demean or insult their personal dignity, but
protects their rights guaranteed by law.
In addition, there are various tactical and psychological
methods in the investigation process, such as
persuasion, the use of positive personality traits of the
interrogated person, the technique of "suppression of
lies" and "expectation," consistency, alleviation of
stress, distraction using the person's weaknesses,
creating the impression that the investigator has good
information, and others. In our investigative practice,
the feeling of "fear" is most effectively used. The
investigator creates such an atmosphere in the
interrogation room with a serious demeanor that the
interrogation concludes easily, and the frightened
person understands that they need to say something
without thinking. Sometimes he doesn't even
remember what he said later. Therefore, in court
proceedings, cases of refusal of previously given
testimony are often encountered.
In developed countries, the application of investigative
and forensic psychology (investigative psychology and
forensic psychology) is accepted as a separate science,
while in our country, investigative psychology still
remains a theoretical approach. Investigative
psychology, mainly in the modern criminal world, has
developed rapidly in states with the Anglo-Saxon legal
system. "Investigative psychology is the application of
psychological research and principles in the
investigation of criminal behavior." This term [3] was
introduced by David Cantor, Director of the Center for
Investigative Psychology at the University of Liverpool,
England. In short, investigative psychologists mainly
conduct psychoanalysis of suspected actions and
criminal approaches. In the United States and England,
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International Journal of Law And Criminology (ISSN: 2771-2214)
criminal investigation psychologists are researchers
and statistical specialists who collect information about
criminals' thoughts, personal characteristics, and
behavior. Moreover, crime profiling has led to
significant achievements in these countries. There are
four main types of crime profile: Criminal Investigation
Analysis
(CIA),
Diagnostic
Assessment
(DE),
Investigative Psychology (IP), and Geographic Profile.
The Federal Bureau of Investigation's profiling method
is considered the most common nomothetic method of
crime prevention by the CIA. It defines questions about
suspects, linking offenses to ordinary criminals, finding
criminals' home base, and predicting where and when
the next crime will occur. Investigative psychology
makes logical conclusions that investigative activity not
only carries out the preparation of "profiles."
Evaluation typically involves creating psychological
tests, providing situational tests, and providing
recommendations for selection.
In conclusion, we can say that if we do not connect our
investigative practice with investigative psychology, if
we do not invest in it, if we do not use the experience
of developed countries, we have no basis and do not
have the right to confidently say that investigative
actions are built on the basis of justice and honesty in
"determining the truth." Information technologies are
constantly developing. At such a time, it is necessary to
use digital devices, special cameras, and necessary
investigative-psychological tools in investigative
practice. Every fact revealed during the investigation
plays an important role in convicting the criminal, and
determining the fate of a person by obtaining general
investigative questions written on paper and their
answers, printing them, and attaching them to the case
is an unbiased approach to establishing evidence. To
eliminate this, we considered it necessary to apply the
following proposals in investigative practice:
I. Proposals for improving the national legislation of
the Republic of Uzbekistan:
1. It is advisable to adopt Article 554 of the Criminal
Procedure Code[4] of the Republic of Uzbekistan in the
following wording:
"Article 554. Participation of a psychologist in the
interrogation of a minor accused.
The participation of a psychologist in the interrogation
of a minor suspect and accused is mandatory. He has
the right, with the permission of the investigator, to ask
questions to the accused, and upon completion of the
interrogation, to familiarize himself with the
interrogation record and express in writing his opinion
on the accuracy and completeness of the entries in the
record. These rights are explained to the psychologist
by the investigator before the interrogation of the
minor, and this is recorded in the interrogation report."
2. It is advisable to adopt Article 548 of the Criminal
Procedure Code of the Republic of Uzbekistan in the
following wording:
"In cases of crimes of minors during the period of
inquiry, preliminary investigation, and trial, except for
the cases specified in Articles 82 - 84 of this Code, the
following are subject to proof:
1) the specific age (year, month, day of birth) of the
minor accused;
2) personality traits of the minor and the state of his
health;
3) the conditions of his life and upbringing, psychology;
4) the presence or absence of adult witnesses and
other participants;
5) the causes and grounds that led to the commission
of a crime by a minor.
II. Recommendations for improving investigative
practice:
3. "Psychology" should be introduced as an
independent subject of study in educational
institutions specializing in law and law enforcement;
4. The positions of "investigative psychologist" should
be introduced, and they should mainly maintain a
psychological conclusion and regularly conduct a
psychological description of the criminal. It is necessary
to register crimes and determine the general
psychological characteristics of the perpetrator by
dividing them into types. During interrogation, the
investigator should use questions recommended by
investigative
psychologists.
The
investigative
psychologist should formulate a list of questions for the
person being interrogated, and based on their answers,
compile "psychological tests" within this framework,
and prepare a psychological conclusion about the
interrogated person, submit it to the investigator, and
this conclusion should be filed in the case file;
5. It is necessary to create a common electronic
platform for the "psychological characterization of the
criminal," conducted by investigative psychologists.
6. The investigation of crimes committed by minors
should be entrusted to special investigators, and the
age limit for them should be set at 30 years. Moreover,
these investigators should be required to possess
psychological knowledge. A person who has their own
family and children, has work experience, and
possesses psychological knowledge, when investigating
crimes committed by minors, acts with caution and
prevents further commission of crimes;
7. It is necessary to conduct both psychiatric and
psychological examinations of minors. The reason is
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
that in some cases, minors think like young people
about their age, and this type of examination
determines whether there was intent in the minor or
not. The absence of intent, in turn, leads to the
termination of the criminal case.
8. Taking into account the experience of foreign
countries, it is necessary to establish a path to crime
prevention with the help of psychologists. In this case,
it is necessary to take "psychological tests" in the
following order and form a psychologist's conclusion
based on them:
1) from the convicted person after the completion of
the trial;
2) from a convict who has served half of his sentence in
a correctional institution;
3) from a person released after the expiration of the
sentence.
Based on these psychological tests, it is possible to
determine the probability of a convicted person
committing a new crime after a certain period of time.
Then it will be possible to control them until a
previously convicted person commits a new crime
within the established timeframe.
9. The participation of a psychologist should be used in
crimes against minors and women, as well as in serious
and especially serious crimes.
REFERENCES
the Decree of the President of the Republic of
Uzbekistan dated February 7, 2017 No. DP-4947, that
is, in the Decree "On the Action Strategy for the Further
Development of the Republic of Uzbekistan;
K
asbiy psixоlоgiya: Ma’ruzalar kursi. To’ldirilgan nashr/
R. X. Dushanоv, Y. A. Farfiyev. –T.: О‘zbekistоn
Respublikasi IIV Akademiyasi, 2012.
–
322 b.
Donna E Youngs and David V Canter. “Beyond ‘Offender
Profiling’: The Need for an Investigative Psychology.”
Carson/Psychology in Legal Contexts, John Wiley &
Sons, Ltd, 2003.
CRIMINAL PROCEEDING CODE OF THE REPUBLIC OF
UZBEKISTAN
