Forensic medicine is the branch of medicine that addresses questions of biological and medical nature arising in the course of activity is judicial-investigating bodies, as well as assisting health authorities in improving the quality of their work. Forensic medicine is not accidental, mechanical Assembly medical disciplines used to target the practice of law, as it was in the early development of forensic medicine. Currently, forensic medicine is an independent medical science that studies a range of issues and have their own methods. With the development of forensic medicine of it stood out as separate disciplines, a number of Sciences such as forensic chemistry, forensic psychiatry, forensic toxicology.
Forensic medicine is connected with all the other medical Sciences, it is pathologic physiology, pharmacology, surgery, histology, traumatology. As medical science uses methods of laboratory studies, rentgenologicheski, microbiological, videotehnika research methods. With the latter, for example, is determined by the type of weapon, mechanism of injury, establishment of antemortem origin of injuries. Of jurisprudence is very close to the forensic science forensic science, which is a legal discipline that studies the tactics and methodology and technique of investigation of crimes.
For Cohocton to successfully carry out the investigation or trial, to evaluate the expert’s opinion, the lawyer should have an idea of the possibilities of forensic medicine and the limits of the competence of a forensic medical examination. Under this condition, it will be able to choose the right experts, to formulate questions to the experts, critically evaluate their conclusion. Often the investigator is to inspect the corpse at the scene and possessing a knowledge of the fundamentals of forensic medicine investigator can be guided in determining the limitation of death, nature of injuries, characteristics of the incident.
The system object is determined by the existing practice of forensic examination and can be submitted in the following form.
part procedural, which sets out rules for conducting a forensic medical examination, provided the content and interpretation of various laws, regulations, procedures relating to SME.
part of the material, which outlines the medical and natural science data constituting the content of forensic medicine as a science. This part is divided into several departments.
1. Department teaching on death (Thanatology) is a doctrine of death, its occurrence, its symptoms, post-mortem changes on the body, the distinction between violent death and death causes suspicion of abuse. This includes a technique it is judicial-medical examination of corpses.
2. Department of injuries (forensic traumatology):- includes the study of various injuries, their detection and accurate characterization, determination of their effects on the body, clarifying the ways and circumstances of injury and their legal assessment.
3. Department of poisoning (forensic toxicology) – study of poisoning, are important in forensic terms, as well as their clinical recognition, treatment and prevention.
4. The division of the disputed sexual States, and includes questions relating to sexual function, the definition of infection with sexually transmitted diseases, all kinds of research about the violation of sexual integrity (rape, defilement), the identification of the child.
5. Pregnancy and childbirth (judicial obstetrics) – is examining ways of recognition of pregnancy, its duration, the detection occurring families, ways of abortion. This section includes a Chapter on infanticide.
6. The division of the forensic examination of physical evidence – studies the biological evidence. blood, semen, hair and interpretation of results.
7. The edge of the field of criminalistics and forensic medicine – forensic and technical expertise is the identification, artificial and feigned diseases, determination of kind of death.
8. The Department study of medical activities and other types of medical work, medical errors and medical activities.
9. Department for the study of mental state (psychiatry), developed by psychiatrists, we study how to determine sanity, various mental illnesses that prevent or mitigate criminal liability or impede the legal capacity of the person.
A brief historical essay of development of forensic medicine in Russia Before Peter I’s medical expertise was used only in isolated cases. Petri was able to understand the educational and practical value of natural science. Was published the legislative recognition of the need for the autopsy, which was made by foreigners. The autopsy was carried out in the army. in the Navy, in the province of the autopsy was not performed. Conducted examinations of living persons to determine their suitability for military and other public service. In the code of laws of Peter I “marking military” 1715; for the first time legalized mandatory autopsy in case of violent death.
1797 in all cities established by the medical Council, where experts examined the bodies.
In 1799 began the teaching of forensic medicine, in particular, in St. Petersburg (in Moscow) on the basis of the medico-surgical College, which was then turned into military-medical Academy, the first textbooks, is actively conducted research work. It should be noted the names of Bosanskog surgeon, scientist Pirogov who first built the Atlas of anatomy for forensic pathologists. In the works of N. I. Pirogov contained a large number of observations in times of war and detailed various types of injuries ( wounds.
The judicial reform of 1864, the introduction of public proceedings has had a significant impact on the development of forensic medicine in Russia. The Charter of criminal proceedings determined the rights and obligations of forensic pathologists. The level of forensic medicine in Russia were high compared to European countries, many of the questions were developed by Russian doctors. For example, Chistovich opened the special properties that distinguish human blood from animal blood, and Minakov was researching hair (new). Professor Minakov was one of the most prominent forensic, experts determined their work, duties and rights. Teaching of forensic medicine in the departments of medical institutions, heads of scientific and practical work the Institute of forensic medicine in Moscow. Thus accumulated a wealth of practical and scientific material that defines two major tasks of forensic medicine.
1. the help justice.
2. the provision of preventive and curative care to the population.
Accordingly, the order of the Minister of health of the USSR from N166 10. 04. 1962 requires judicial-medical examination.
discussion forensic cases clinical-anatomical conferences, and to inform health authorities about evidence of gross discrepancies between clinical and anatomical diagnoses and defects in the medical work.
the analyses of the cases of sudden death, traffic injury, domestic, and industrial poisonings, with the purpose of prevention and detection of defects of medical aid.
Methods of forensic medicine.
1. Investigation of the corpses that allows you to identify the causes and circumstances of death, helps to reveal or to exclude a crime and therefore plays a prominent role in the forensic investigation process.
2. The investigation of living persons – quantitatively the largest part of the work. representing a lot of difficulties. This includes all sorts of injuries, illness, violation of sexual integrity and delivery.
3. Laboratory studies. currently occupy an important place in conducting various types of examinations. This histological study, cryoscopy, fluorescence, physical chemistry, modeling in the laboratory.
4. Experiments on animals, which is especially important in the study of poisoning, asphyxia, biological reactions.
5. The study of forensic investigative materials forensic method. After reviewing the documents, the examiner should extract the required for examination and on this basis to give a definite conclusion.
2. FORENSIC EXAMINATION AND ITS PROCEDURAL FRAMEWORK.
Examination – independent legal Institute in the criminal process, covering the concept of the expert as a natural person who is the expert review process and concepts examination as the action of the expert, and the expert opinion is independent evidence in court cases. The conclusion of experts – the result of their activities in a court case.
Examination – the study of objects held on the basis of the decision, with the goal of addressing issues that arise in the process of investigation and consideration of criminal or civil case. Providence forensic examination determined by special articles of the Criminal, Criminal procedural, civil, civil procedure code. Forensics is the application of medical and biological knowledge to resolve issues arising in practical activities of bodies of inquiry, investigation and trial on the basis of General provisions of laws and codes.
In relation to forensic examination are developed and introduced to the Union’s instructions, rules and guidelines on the production of forensic medical examination, approved by the Ministry of health ( order No. 694 dated July 21, 1978.
Under article 78 of the CPC examination is appointed in cases where during the initial inquiry, the process of the preliminary investigation or at trial requires special knowledge in science, technology, art or craft. Forensic medical examination, as well as other types of examinations, shall be made only upon the written sentence, judgment, direction, investigation and judicial organs.
Under article 79 of the CPC examination is necessary.
1. To determine the cause of death and nature of injuries.