Forensic medical examination in the process of the preliminary investigation

The preliminary investigation is produced (only after the criminal case), the investigator of the Prosecutor's office, bodies of the Ministry of internal Affairs and state security bodies in the district where the crime took place (article 125, 129, 132 of the code of criminal procedure). Urgent investigative actions on establishing and securing traces of the crime (inspection, search, seizure, inspection, detention, interrogation of suspects, victims and witnesses) are carried out by bodies of inquiry on business, which must always be carried out the preliminary investigation. By performing urgent investigation actions, the body of inquiry shall refer the matter to the investigator (articles 119 and 126 of the CCP).
When investigating criminal offences, if the need arises in the use of forensic knowledge (article 78 of the code of criminal procedure) or the case is subject to regulation Art. 79 of the criminal procedure code (mandatory examination), at the stage of preliminary investigation shall be appointed forensic medical examination.
At the preliminary investigation stage is very important is the timely appointment of forensic medical examination, because the original appearance and state of the object (of the dead body of a living person, physical evidence) may be subject to such strong changes that judgment is difficult and vague or become impossible. This happens, for example, when delays in the examination of the body, when the development of putrefactive processes impedes the establishment of cause of death. In the untimely referral for a medical examination of the victim for the crime of rape is not possible to judge about damage limitation hymen and various parts of the body due to the healing process. If the perpetrator sexually transmitted infection, to send for examination through a long period of time, he may be able to take therapeutic action designed to change the original picture of the disease.
The application of forensic knowledge in investigative interviews, examinations and experiments. When investigating crimes against life and health, and in connection with professional offences medical workers the law allows a forensic expert to participate in the interrogation of suspects, accused and other persons as a specialist.
Circumstances and conditions committing crimes against the person, as well as professional offences health workers can be extremely diverse. At the same time, proof of the transaction by an individual are different possibilities and volume of their identification and incriminating significance. In this regard, for example, can be useful questions forensic expert of the interrogated person when determining the position of the victim at the time of causing him bodily injury and subsequent state, in particular maintaining the ability to active actions, specific traits and characteristics of guns who caused the injury, and so on, When the medical investigation of offences may be necessary issues of forensic medical expert for clarification of the applied methods of diagnosis, indications or contraindications to the selection and implementation of remedial measures. A forensic expert, being present at the interrogation and actively participating in the formulation (the investigator) issues, within its competence, analyzing the testimony of the person questioned, using special knowledge that can contribute to establishing a new data, which specify or fill materials and evidence under investigation acts.
The participation of forensic medical specialist in the investigative inspections. The examinations at the preliminary investigation stage is a crucial procedural action, aimed at the identification, collection and consolidation of the relevant evidence. There are various reasons for the appointment of the investigative inspections. Their varieties can be an inspection of the accident, the corpse to the place of its discovery, traces at the scene, material evidence and documents.
For all types of inspections may be appropriate use of special knowledge, including those related to the field of forensic medicine. They are necessary when investigating cases of violent death suspected it, about the illegal production of abortion, rape and other crimes against life and health.
The grounds and procedure for the examination is defined by the criminal procedure code (articles 178 and 179 of the code of criminal procedure), however, for the participation in the examination, the investigator shall have the right to invite the appropriate expert, in particular forensic expert. His participation (or another doctor) in the external examination of the corpse to the place of location of installed the code of criminal procedure as required.
The participation of forensic medical specialist in the investigative experiments. The investigator granted the right to perform investigatory experiment to test and Refine the data relevant to the case (article 183 of the criminal procedure code). For participation in the experiment allowed to invite a specialist, which in accordance with the nature of the experiment can be a forensic doctor.
When investigative experiment reproduce conditions and circumstances of the event, to be verified and conduct certain actions, repeating this event. Investigatory experiment may be the method of verification of evidence, for example, accuracy, credibility or inconsistent witness statements, explanations of the suspect or accused, and also be a source of generating new evidence.
Investigative experiment is allowed provided that it does not humiliated dignity of the participating persons and others, and does not create a risk to their health.
Circumstances, to clarify which can be made in the investigative experiment, varied and depend on the nature of the investigated event, this emerging evidence and the need for verification that determines the choice to participate specialists in the experiment. Part in investigative experiment forensic medic may be necessary when investigating cases of violent death (homicide, suicide, accident), of rape, of dissolute actions concerning minors, sodomy, criminal abortion, self harm and other crimes against the person. During the investigation of such cases may require the identification or verification of hearing, the sight, the ability to perform certain actions, in particular in a specific period, establishing the mechanism emerged trauma, etc., At the end of the investigative experiment, the investigator shall prepare a Protocol, which sets out the rules for it, the number of repeated experiments, the progress of each of them and the results.
In addition to widely used photography, sketches and so on, in the production of such investigative actions, as experiments inspections and interrogations, practiced and videocinema, tape recordings.