FORENSIC MEDICAL EXAMINATION — the examination appointed by judicial investigating authorities in case for permission of the questions which arose by production of inquiry, preliminary investigation or at judicial proceedings special knowledge of the field of medicine are required; one of types of proofs in criminal and civil cases.
In Russia obligatory E. page - m it was entered in 1716 by army regulations of Peter I. E was provided. page - m of corpses in case of violent death. In 18 century in the large cities and counties there are positions of city and district doctors who in addition to conducting forensic medical examination were responsible for a sanitary condition of settlements and took measures for fight against epidemics. They submitted to a medical justice (see), and since 1841 and to Medical council of the Ministry of Internal Affairs.
After Great October socialist revolution E. page - turned m into maintaining bodies of health care. In 1918 at Narkom-zdrave of RSFSR the section of forensic medical examination which became independent department in 1919 was organized; it was the leading center E. page - m in the country. The first foundation of current system of the organization of medicolegal service allowing to carry out forensic medical examination and to control its production in all regions of the country was laid.
In 1919 and 1921 there were regulations on the rights and duties of the state forensic scientists, in 1934 «The provision on production of forensic medical examination», in 1952 — «The instruction about production of forensic medical examination in
the USSR» is issued, to-rye were the official documents regulating E. page - m in our country. Great value in formation and development Soviet E. pages - m had all-Union congresses, republican and regional conferences, and also organized in 1946. All-Union society of judicial physicians with its numerous departments on places.
July 21, 1978. The m3 of the USSR in coordination with Prosecutor's office of the USSR, the Supreme Court of the USSR, min. - you justice and internal affairs of the USSR, other interested departments approved «The instruction about production of forensic medical examination in the USSR», defining the purposes, structure and the organization of forensic medical examination in the USSR now.
Production E. the page - m is regulated by Bases of the legislation of USSR and federal republics about health care, the criminal, criminal procedure, civil and civil and procedural legislation, orders and other regulations issued by M3 of the USSR and other public authorities.
Main objective E. the page - m is the help to judicial bodies. It is appointed for establishment of a cause of death and the nature of injuries, and if necessary for definition of physical condition and age of the witness, the victim, the defendant, etc. Definition of a mental condition of the above-stated persons makes a subject of forensic-psychiatric examination (see Examination forensic-psychiatric). AA. pages - m appoint also at investigation of almost all crimes against life, health, freedom and dignity of the personality, professional offenses of medics, in a number of civil cases (the termination of marriage, paternity proof and motherhood, compensation for harming health etc.). In the USSR, besides, forensic medical examination in every possible way assists bodies of health care in upgrading of the lechebnoprofilaktichesky help to the population by systematic discussion of results court. - medical researches at kliniko-anatomic conferences and the timely notice of the management of bodies and healthcare institutions on the facts of discrepancy of clinical and pathoanatomical diagnoses, and also defects in the medical help; by means of the analysis of cases of sudden death, transport injuries, household and industrial poisonings for the purpose of holding preventive actions.
Court. - medical examination is carried out under the resolution of the person making inquiry, the investigator, the prosecutor or by definition of court. On a motivated written order of investigation authorities or vessels can be made court. - medical researches and survey for the purpose of identification of the signs forming the basis for initiation of legal proceedings.
Court. - medical examination is carried out: regional, interdistrict and city court. - medical experts (in Moscow and Leningrad — seniors city), regional, regional and republican (ASSR) court. - medical experts; main court. - medical experts of the Ministries of Health of federal republics; chief forensic scientist of M3 of the USSR.
City, regional, regional, republican (ASSR) and main court. - medical experts of the Ministries of Health of federal republics head special facilities of health care — city, regional, regional, republican bureaus court. - medical examinations. Functions of Bureau main court. - medical examinations of M3 of the USSR are carried out by scientific research institute of forensic medicine M3 of the USSR. In structure of bureau court. - medical examinations enter departments court. - medical examinations of the victims, defendants and other persons, court. - medical examinations of corpses with judicial and histologic department and court. - the medical laboratory consisting of sudebnobiologichesky, physics and technology and judicial and chemical departments.
Heads court. - medical service of the country the Ministry of Health of the USSR appointing for the direct leadership in examination and implementation of specific organizational and methodical and scientific and practical expert activity of the non-staff Main thing court. - the medical expert of M3 of the USSR.
Bureau court. - medical examinations in the administrative and financial relations submit to heads of regional, marginal and republican organs of health care, and in scientific and practical and organizational — to the head of higher bureau of forensic medical examination.
In most cases E. the page - m is made court. - medical experts, i.e. the doctors who received special preparation on forensic medicine (see) and holding positions court. - medical experts. Similar examination is called official. In case of absence of the regular forensic scientist conducting examination can be entrusted to any doctor called in this case by the doctor - ex-Perth.
The expert in the conclusion is obliged to give answers to the questions raised before it. If the question goes beyond special knowledge of the expert or the materials presented to it are insufficient for making the conclusion, he in writing reports to the person who appointed examination about impossibility to draw the conclusion. In the course of conducting examination the expert shall observe an investigative secret, disclosure a cut involves criminal liability. The expert is obliged to inform investigating and judicial authorities all new data revealed by production of examination and not reflected earlier in business, to pay their attention to other circumstances and facts important for investigation and judicial proceedings, to give consultations concerning examination to employees of investigating and judicial authorities.
The expert has the right to know the purposes and problems of examination, to receive accurately formulated questions facing it, to get acquainted with the case papers relating to a subject of examination, to petition for providing the additional materials to it necessary for making the conclusion, with the permission of the investigator, the prosecutor or the vessels to be present at interrogations and other investigative and judicial actions and to ask interrogated the questions relating to a subject of examination. In case of complexity of examination and need of the solution of special questions he has the right to ask about the invitation for participation in examination of the corresponding specialists and to draw the conclusion together with them.
The law provides branch to the expert if he is directly or indirectly interested in the considered case, was or is in job or other dependency from the defendant, the victim, the civil claimant or the civil defendant, and also in case of detection of his incompetence. Responsibility of the expert for failure from making the conclusion and for making obviously false conclusion is provided by the relevant articles of the Criminal code of RSFSR and other federal republics.
Court. - medical examination can be carried out as individually by the expert, and in difficult cases komissionno. Surely komissionno, i.e. under the chairmanship of the head of the relevant institution court. - medical examinations with participation of other experts and doctors-spetsia of sheets of other profile, AA. the page - m is carried out in cases of criminal prosecution of medics for profes-Zion lny offenses, in need of repeated examination on materials of criminal and civil cases, examinations of definition of permanent disability. The expertize which is carried out on one business by group of specialists of various professions, napr of doctors, criminalists, engineers, chemists etc., is called complex.
FORENSIC MEDICAL EXAMINATION 25
Distinguish primary, additional and repeated E. page - m. At primary examination the research of an object is made primary (and often final) and the corresponding conclusion is taken out. Sometimes in the course of primary examination there is a need of carrying out additional researches, consultations of specialists etc. Therefore it not always is single-step. Additional E. pages - m appoint in case of insufficient clarity and completeness of the conclusion of primary examination. Its carrying out can be entrusted court. - to the medical expert making primary examination or other expert. Repeated E. pages - m appoint in cases of groundlessness or doubt in correctness of the expert opinion. Conducting repeated examination cannot be entrusted to the forensic scientist making primary examination.
Before conducting examination investigator or chief of bureau court. - medical examinations at the request of the investigator are explained by court. - to the medical expert of his right and a duty, stipulated by the legislation, warns him about responsibility for failure or evasion from making the conclusion or for making obviously false conclusion and takes from it the corresponding subscription. During the conducting examination in court of the right and a duty of the forensic scientist and his responsibility the presiding judge explains.
The investigator has the right to be present at production court. - medical examinations. Of time of its carrying out he is informed by the expert. At absence of the investigator to the appointed term E. the page - m is made in its absence if the further delay can negatively affect quality of examination.
If expertize is carried out not in special premises of bureau court. - medical examinations, heads of medical establishment, in Krom it is carried out, provide the expert with accommodation (a morgue, a medical office in policlinic), packing material for the objects intended for a laboratory research and give other necessary help. Investigation authorities assist in transfer of the specified objects to court. - medical laboratory. By consideration of criminal cases in vessels court. - the medical expert can be called for making the conclusion and interrogation on materials made at a stage of preliminary investigation court. - medical examination, and also for conducting examination during court session. During the conducting forensic medical examination in court the expert makes the conclusion in writing, discloses it and transfers to court.
Upon the demand of bodies of inquiry, the investigator, prosecutor or court court. - medical experts can be recruited in initial and other investigative actions: to survey of a corpse on site incidents (detection), exhumation, to survey, carrying out an investigative experiment, withdrawal of samples. In such cases court. - the medical expert acts not as the expert and as the specialist in the field of forensic medicine that does not interfere further with his activity as the expert in this case. He renders assistance to the investigator in detection, fixing and withdrawal of proofs, draws the attention of the investigator to the circumstances connected with detection, fixing and withdrawal of proofs and gives the explanations connected with it, gets acquainted with the protocol and signs it. Court. - the medical expert carries out the functions, as a rule, within the serviced territory.
Objects E. pages - m are the victims, defendants and other persons, corpses, material evidences and materials investigative and lawsuits, on the Crimea there are questions of medical character. Each type of examination is made according to special acts: Rules of the direction, reception, an order of a research, storage and delivery of corpses in medicolegal morgues (1962), Rules of medicolegal definition of severity of injuries (1978), etc. These rules are approved by M3 of the USSR, agreed with Prosecutor's office of the USSR, the Supreme Court of the USSR, and also with other interested departments and also vessels are obligatory both for forensic scientists, and for employees of investigation authorities.
AA. the page - m of the victims, defendants and other persons is made: at damages for definition of severity of injuries, disability, establishment of self-damage and mutilation; during the definition of a sexual state — puberty, sexual integrity, productive ability, pregnancy, the former childbirth, abortion, disputable sexual states; at sexual crimes for establishment of the fact of the sexual intercourse, dissolute actions, a sodomy, infection with a venereal disease; concerning establishment of degree of intoxication, a condition of physical health, age, identity of the personality. AA. pages - m are made in special court. - medical institutions (in the large cities — in out-patient clinics), in offices of policlinics, in hospital or at home. Quite often examination is carried out komissionno with participation of doctors-kli-nitsistov.
AA. the page - m of a corpse is made in cases: violent death (murder, suicide, accident) and at suspicion on violent death, irrespective of the place of its approach and duration of stay of the victim in to lay down. establishment; sudden death when the diagnosis of a disease was not established during lifetime, and the doctor to lay down. establishment at the former place of residence or treatments of the dead «A medical death» is not certified; death in to lay down. institutions from a disease if investigation authorities adopted the statement for the wrong actions of medical staff; detection of corpses of unknown persons, parts of the dismembered and skeleti-rovanny corpses (see Necropsy). The order and technology of forensic medical examination of a corpse are provided by special Rules of a medicolegal research of corpses.
Objects E. pages - m of material evidences serve parts and allocations of a body of the person (bones, hair, soft tissues, blood, sperm etc.), and also animals. Examination is made for establishment of character of an object, its specific, group, standard, regional accessory, an origin from the particular person or a certain species of an animal.
Examination according to case papers is carried out according to documents of investigative affairs in a case of contradictory data several court. - medical examinations or discrepancy of results court. - medical examinations to other proofs on business. One of types of examination according to case papers is examination on cases
of accountability of medical staff for professional offenses (see. Medical errors, Medical offenses).
Results of all types E. pages - m are made out by the document, to-ry according to the legislation existing in each federal republic «Expert opinion» or «The act of medicolegal (judicial and chemical) examination» is called (see Documentation medical) and are summarized in the form of conclusions (or the conclusions if the statement of forensic medical examination is drawn up).
Conclusions (conclusion) make on the basis of the objective data established in the course of examination, the expert analysis of the facts of the case according to the questions raised on permission of examination. They are stated clearly, specifically, whenever possible without special medical terms. Expert judgment on each conclusion shall be motivated and proved by the actual data following from vvone and research parts of the conclusion. The conclusion is sent to the investigation authorities or vessels which appointed court. - medical examination, not later than in 3 days after the end of all expert researches. Terms of carrying out E. pages - m are defined by its type, volume and character of expert researches. The most long term is demanded by examination of material evidences and corpses that is caused by need about
conducting laboratory researches. However these examinations shall be made not longer 1 month from the date of receiving from investigation authorities or court of all necessary materials. The expert opinion
is forbidden to be substituted for various brief information and extracts, and also to use unconfirmed forms and forms of biographical type for these purposes.
Bibliography: Avdeev M. I. Rate of sou
of debny medicine, M., 1959; it, Forensic medical examination of a corpse, M., 1976; Zagryatsskaya A. P., F e-dorovtsev A. JI. and
King va E. I. Medicolegal research of cells and fabrics of animal origin, M., 1984; Naumen
to V. G. and Mityaeva N. A. Gistologichesky and cytologic methods of a research in forensic medicine, M., 1980; Modern diagnosis in forensic medicine, under the editorship of G. A. Botezatu,
Chisinau, 1981; Forensic medicine, under the editorship of A. A. Matyshev and A. R. Denkovsko-go, L., 198 5; Forensic medicine, under the editorship of V. M. Smolyaninov, M., 1982;
Tumanov A. K. Bases of forensic medical examination of material evidences, M., 1975.
A. P. Gromov.