The rights, duties and responsibility of medical examiner

Forensic experts must appear when called by the person making the inquiry, the investigator, the Prosecutor or the court and to give an objective opinion on the posed issues; however, if the proposed issue is beyond the limits of special knowledge or materials available are insufficient for drawing up the report, the expert reported that it is unable opinion.
The experts provided the right: - to be acquainted with materials of the case related to the subject of examination;
- make motions on submitting additional materials necessary for opinion;
- to be present during the interrogations and other investigation and court action, ask the person questioned issues relating to the object of the examination (article 82 of the code of criminal procedure).
For clarification to the expert his rights and duties of its warned about the responsibility for false imprisonment for refusing the issue of a conclusion.
The summer residence of obviously false conclusion of the expert is a criminal offence (article 181 of the criminal code). In cases where experts without a valid reason to shy away from giving opinions on the proposals of the agencies of inquiry, investigation or trial, they are also subject to criminal responsibility (article 182 of the criminal code).
Because the process of examination the expert gets acquainted with the circumstances of the case and the material collected, then for disclosure of the data of the preliminary investigation or investigation without permission of the Prosecutor, investigator or the person conducting the inquiry, the criminal responsibility (article 184 of the criminal code).
Disqualification of an expert. The procedural rules provide for a range of conditions in which the expert should be made disqualification from participation in the case, in particular, when the judge:
- personally, directly or indirectly, has an interest in the matter (article 23 of the code of criminal procedure);
- was or is in a service or other dependence of the accused, victim, civil claimant or civil Respondent;
- produced in this case the revision of the material which served as the basis for excitation of criminal case;
- found their incompetence (article 67 of the code of criminal procedure).
If forensic physicians have previously participated in the same court case as experts, this fact cannot be grounds for disqualification (article 67 of the code of criminal procedure).
The doctor may not be an expert, if investigated the question of the proper treatment of the patient, which he rendered medical aid. In such cases, the doctor must raise the question of his removal from duty of the expert.