Forensic documentation

In accordance with the senior 191 of the code of criminal procedure and the requirements of the Instruction on manufacture of forensic medical examination results all kinds of forensic medical examination made in the form of document that is called "expert Opinion". "Expert opinion" is when the examination is made according to the decision of the person carrying out the inquiry, the investigator, the Prosecutor and on decision of the court. "Expert opinion" is made according to certain rules and consists of three main sections: "introduction", "research" and "the final part" (conclusions). Typical forms of forensic documentation approved by the order of Ministry of health USSR № 1030 from 04.10.80,
In practice forensic experts often there are circumstances in which the study of the corpse or examination of alive persons on the basis of the written proposals of the agencies of inquiry, investigator, Prosecutor, not by decree. Usually, it concerns the cases when criminal proceedings are not instituted, and therefore the resolution on the appointment of examination can be made. In these cases, the expert produces essentially the same steps as in the production expertise, but is a document called the "Act forensic examination" (examination). It consists of the same parts that and "expert Opinion", and the final part is called "Conclusion". The composition of the forensic-medical research" with the procedural position expertise is not.
It is forbidden to replace the "expert Opinion" or "Act forensic examination" of various short information and statements, and to use non-approved form above forensic documents and forms personal type.
In the introductory part of "expert report" should be indicated: 1) the time and place of the examination; 2) the conditions of its production of importance for expert research (lighting, air temperature and other); 3) the order or decision on the basis of which is the examination; 4) surname, name, patronymic of the expert, his position, education, specialization, work experience, qualification category, academic degree and academic rank; 5) if the examination of the corpse - surname, name, patronymic, the age of the deceased; in the examination of the victims, the accused and other persons - surname, name, patronymic name, age, place of residence, identification document; in case papers examination and examination of material evidence - the name and number of a criminal or civil case, the number of volumes sheets case, the list of objects and specimens submitted for examination; 6) persons present in the production examination; 7) the subscription of a forensic expert on clarification of procedural rights, duties and responsibility; 8) the list of questions raised in the resolution expertise.
In the circumstances of the case provides information that is known by a forensic expert to the time of the study, and reach conclusions. During examination of cases of professional work of medical workers in the circumstances of the case" includes information obtained from the study of genuine medical and other documents relevant to the case.
Research part should contain detailed description of the research process and all resulting data. It sets out applied research methods and uses objective registration (still images, contour scheme with indication of damage and others). The structure of the research is determined by the appraisal. In the research can not use the terms and wording, representing the diagnoses or expert conclusions, as otherwise it is impossible to judge the quality of expertise: on the correctness and validity of conclusions or, on the contrary, about mistakes made.
The findings are the result of research work of the forensic medical expert, the data obtained in the study or examination, expert analysis of the circumstances of the case. The conclusions should be objective and should follow from the introductory and research parts of "expert report", to be composed directly in the process of examination. Conclusions are presented in the form of answers to questions that were raised before the expert in the resolution on the appointment of a forensic medical examination.
The conclusions of the expert should meet the following basic requirements:
1) to be motivated (i.e., confirmed by objective data obtained in the process of examination);
2) be scientifically justified (i.e. requirements on modern concepts of biological and medical Sciences);
3) not allow any other interpretation than that invested in them by the expert.
The conclusions should be consistent, accessible and clear.
The conclusions of the expert in whole or answers to individual questions can be either explicit (positive or negative)or probabilistic (estimated). In some cases, expert for one reason or another can not solve the question put before him by the police. In this case, you must present the rationale and indicate reasons why this is not possible. This should be exhausted all the expertise to solve the issue.
Conclusions categorically possible when they clearly can be confirmed pathognomonic data obtained during the examination process, and the provisions of forensic science. It is the definitive expert conclusions have the greatest evidentiary value.
Terms of examination determined by the form, volume and nature of expert research, but they should be no more than 1 month from the day of receipt for examination of all necessary materials.
Acceptance or refusal of conclusion of an expert. The investigative or judicial authorities subject to the analysis and evaluation of the conclusions of the expert stated in forensic document. Thus, on the one hand, the findings compare with the data of the research of the expert opinion and thereby admit or deny the validity of the conclusions of the expert. On the other hand, assess its probative value in relation to other data of the investigation. An important role in the proper understanding of the findings of the expert can play it for more explanations. They can light of modern scientific expert of the provisions of a question of medicine or biology, but also enables the investigator or the judge to understand the reasons for which the expert has given its conclusions conditional form, not categorical. Conditional form of conclusions or incompleteness often depends on the timeliness of destination, and hence the production of examination of changes of objects of research, lack of public awareness expert on the materials of the investigation or its incompleteness.
In "Basics of criminal justice of the USSR and Union republics" stated: "the Court, Prosecutor, investigator and the person making the inquiry, assess evidence according to their inner conviction, based on comprehensive, complete and objective examination of all circumstances of the case in their entirety, pursuant to the law and socialist consciousness. No evidence for the court, Prosecutor, investigator and the person conducting the inquiry, do not have a predetermined force" (article 17). Although the conclusion of the expert is not obligatory for the bodies of inquiry, sledstviya and court, but their disagreement with him should be motivated (article 80 of the code of criminal procedure).