The Presence of Nonverbal Communication in (Procedural) Law

Szatmári, Nikolett (2025) The Presence of Nonverbal Communication in (Procedural) Law. STUDIA JURIDICA ET POLITICA JAURINENSIS, 12 (2). pp. 93-106. ISSN 2064-5902

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Abstract

This study examines the role of nonverbal communication in legal contexts, with particular attention to its significance in Hungarian law and international jurisprudence. It argues that gestures, facial expressions, posture, eye contact, and vocal cues can provide valuable insight into emotions, intentions, and credibility, even though they are not formally recognized as independent means of proof. The paper first outlines the theoretical relationship between communication and nonverbal communication, then explores the growing relevance of nonverbal signals in areas such as mediation, civil procedure, criminal procedure, labour law, and family law. It also reviews selected international cases in which nonverbal behaviour influenced investigations, public perception, or judicial evaluation. The study concludes that nonverbal communication can support legal decision-making, but its interpretation remains complex due to subjectivity, cultural variation, and the effects of digitalisation. Therefore, greater professional awareness and training are needed to ensure its careful and responsible use in the service of justice.

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