The legal framework of forensic examination

  • Organizational forms of the judicial-medical examination
  • Objects of forensic medical examination, basic conditions and regulation of its production
  • Forensic medical examination in the process of the preliminary investigation
  • Forensic medical examination in the process of judicial investigation
  • In the practical activity of bodies of inquest, investigation and court found the need to use special knowledge in technology, science, art or craft. For the decision of such questions and conclusions of the person making inquiry (investigator, Prosecutor or court), invited experts who, in their opinion, have the necessary knowledge. Competent person giving the opinion, in such cases, referred to as an expert.
    The application of medical knowledge and the production of the necessary research to address issues arising in the practical activity of bodies of inquest, investigation and court, called the forensic expertise.
    Expertise, including forensic, is one of the types of evidence in the investigative and judicial processes. In the code of Criminal procedure of the conclusion of the experts named along with other kinds of evidence, such as witness testimony, victim, suspect, accused, as well as material evidence, records of investigative and judicial actions and other documents (article 69 of the code of criminal procedure)1.
    Expertise is appointed in the process of preliminary or judicial investigation in criminal cases, when "necessary special knowledge in science, engineering, arts or crafts" (article 78 of the code of criminal procedure). The civil procedure code also provides for the application examination (articles 74-78 CCP).
    The law (article 79 of the code of criminal procedure) provides for the mandatory appointment of a forensic medical examination to determine the cause of death and the nature of the bodily injury, to determine the mental state of the accused, suspect or witness, if you are about this condition in any doubt, and to establish the physical condition of the witness or victim and determine age - appropriate.
    Special attention deserves the indication: "the External examination of the corpse to the place of its discovery produces the investigator in the presence of witnesses and with the participation of forensic medical expert, and at impossibility of his participation - other doctor" (article 180 of the code of criminal procedure). From this it follows that for participation in the inspection (as and to the production of the subsequent examination) may be held only persons with a completed higher medical education and that as an expert may be invited to any physician no matter what he graduated from the faculty, and also on the chosen speciality and position. Hence the necessity of study in all higher medical educational institutions of forensic medicine in such an amount that every doctor could produce a forensic medical examination (in terms of the most common cases). Other health professionals (nurse, midwife, and so on) are ineligible for a forensic medical examinations, studies and surveys, as appropriate theoretical and practical training, which is obtained only in the higher medical educational institutions.
    In the selection of a forensic expert of the code of criminal procedure (article 180) gives a definite note: before you call "the other doctor", it is necessary to invite a forensic expert. In the USSR these are doctors, who have chosen forensic medicine in his speciality, have received appropriate training and are constantly improving their expertise. They are the standard forensic medical experts, doctors, performing expert functions only occasionally referred to by medical experts (order of Minister of health USSR № 166 of 10.04.62).
    Provides articles of the Criminal procedure code (CPC) and the Civil procedure Code (CPC) of the RSFSR, in this case we have in mind the relevant articles in the criminal and civil procedural codes of other Union republics.
    The named category of medical experts differ only in the title, rights, responsibilities, forms and degree of responsibility in forensic experts from physicians-experts in accordance with the procedure exactly the same.
    In the investigative and judicial practice of forensic examination significantly beyond the boundaries of the above-mentioned obligatory conditions of her appointment. Typically, the need for forensic medical examinations, the production of examinations and surveys, as well as receiving reports occurs when investigating almost all crimes against life, health and dignity (Chapter III of the Special part of the criminal code), professionally-official and professional violations of medical workers, some violations of the rules protecting people's health (Chapter X of the criminal code), private military offence (Chapter XII of the criminal code), and so on; in the civil process, for example, in cases of divorce, alimony claims, compensation for damage in connection with infringement or loss of disability and in other cases stipulated by the civil legislation and requiring the use of medical knowledge.
    To conduct forensic examinations can be held by professors and teachers of the Department of forensic medicine, researchers of the research Institute of forensic medicine, specialists of health care institutions and other agencies. In fulfilling these responsibilities, these persons at their procedural position equivalent to full-time experts.
    The medical examiner or another doctor, participating in the initial investigative actions serves not an expert, but only specialist in forensic medicine. It promotes the investigator in revealing, registration / fixation and confiscation of evidence, give relevant explanations, met with the Protocol drawn up by the investigator, and signs it. The activity of the specialist is regulated by special articles of the criminal procedure and civil procedure codes of the Union republics.

  • Rights, obligations and liability of the expert