METHODS OF CONSTRUCTING AN EFFECTIVE SPEECH FOR THE DEFENDANT IN CRIMINAL ECONOMIC CASES: AN ANALYSIS OF JUDICIAL PRACTICE

The purpose of this scientific article is to analyze judicial practice to substantiate speech construction methods used in the testimony of a person accused of committing an economic crime, capable of effectively influencing the main subject of proof, such as the court, and facilitating a decision on the merits of the criminal case consistent with the defense’s position. Methods of constructing speech can be effective in the testimony of a suspect (person under suspicion), and influence the formation of the internal conviction of other main subjects of proof, the investigator and the interrogating officer, due to the commonality of the identified mechanism of persuasion of these subjects. The subject of the study was the logical-rhetorical, psychological-rhetorical and compositional speech techniques used in the testimony of an acquitted person who was accused of committing economic crimes. The main research method was a content analysis of the acquitted person’s testimony, cited in sentences, in which the court used it to justify the acquittal. The study revealed certain psychological-rhetorical features of the acquitted person’s speech, which help to avoid a clear psychological perception of the defendant as guilty. The authors substantiate logical-rhetorical techniques frequently used in defendants’ speeches during acquittals in the relevant category of criminal cases, which best align with the tenets of argumentation theory in criminal proceedings. Ways of constructing speech in the defendant’s testimony that can effectively influence the recipient are identified. It is substantiated that the use of references to actions in situations of extreme necessity in the defendant’s argumentation in economic cases requires caution and an assessment of the potential consequences. The article may be useful for subsequent theoretical developments of methods and recommendations for effectively influencing the subjects of proof in criminal case by defendants’ (suspects’, or persons’ under suspicion) speech, leading them to make decisions favorable to the defense, including certain categories of criminal cases. In law enforcement, the obtained results may be used as practical recommendations for constructing the defendant’s effective testimony.

means of defense, methods of defense, professional defense, defendant’s testimony, suspect’s testimony, testimony of a persons under suspicion, speech in testimony, speech composition, logical-rhetorical speech techniques, psychological- rhetorical speech techniques, psychological influence, economic crimes

Klimovich L. P., Semenovskii A. I. Methods of constructing an effective speech for the defendant in criminal economic cases: an analysis of judicial practice. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;4(73):221—229. DOI: 10.25683/VOLBI.2025.73.1463.