Abstract
This article evaluated the issues of determining consent to harm as grounds for excluding crime through the prism of the totality of mental and physiological processes in the victim’s body, considering the analysis of the emotional attitude to the traumatic situation. Existing practice is based on the testimony and position of the injured party and the absence of physical signs of resistance as an indicator of consent to harm. The materials of the study were the norms of the criminal legislation of Kazakhstan and foreign states on the meaning of the victim’s consent to harm his or her peers and interests, particularly in cases of sexual inviolability. A literature review on this topic revealed the relationship between the subjective attitude of the victim of violence and chemical and physiological processes in the body. The achievements of scientists in determining chemical and physiological signs of stress in real time using bioanalysts-biochips were analyzed. Based on the results, generalization of scientific works, and analysis of legislation on the subject, the evidentiary value of these technologies to determine the consent of the victim in the absence of signs of stress at the time of exposure were considered. The use of biochips with analyzers of chemical and physiological changes in the human body in real time will not only determine the stress state of the victim at the time of the attack, as a sign of consent or refusal to act, but also expand the possibilities of forensic medicine and general practical medicine in early diagnosis of diseases and prompt treatment. Furthermore, a SWOT analysis of the use of biocyping to resolve the issue of determining the victim’s consent to harm, excluding the possibility of manipulation and falsification of evidence, was performed.