Forensic medicine and psychiatry.
THE CONCEPT OF FORENSIC MEDICINE.
Forensic medicine is a medical science, studying and resolving issues of medicine, biology and natural Sciences that arise in judicial and investigative practice.
The practice of forensic science is the study of objects of forensic medical examination, which are: faces, bodies, evidence of biological origin, materials of criminal and civil cases.
Sections of forensic medicine.
1) Introduction to forensic medicine.
2) illness and death from mechanical factors.
3) health Disorder and death from acute hypoxia.
4) illness and death from chemicals.
5) illness and death from the action of physical factors.
6) Forensic examination of living persons.
7) Forensic medical examination of corpses.
8) is Judicial-medical examination of material evidence of biological origin.
9) a Forensic examination on materials of criminal and civil cases.
Research methods in forensic medicine. In forensic medicine widely used General methods of investigation employed in other branches of medicine. Thus, the examination of living persons is widely used questioning, examination, laboratornyi instrumental methods of research that have spread in various clinical specialties.
In addition, in forensic medicine are developed special methods of research. So, eg. developed methods to determine the species, group, gender and regional origin of the blood, as well as inspection of objects in ultraviolet rays for detection of traces of semen microscopic examination of various morphological features of hair, cytological studies of isolated cells, particles, organs and tissues and many other methods.
2. EXAMINATION AND EXAMINATION.
Examination. Article 179 of the code of criminal procedure provides for the examination, which is a procedural action, which is a form of judicial examination. The investigator granted the right to examination of the suspect, accused, victim, and witness with his consent, except cases, when examination is necessary to assess the credibility of his testimony. The examination shall be carried out by the investigator himself on various occasions, eg. to establish on the human body distinguishing marks (tattoos, certain content, scars, birthmarks), traces of a crime, injuries, detection of intoxication or other properties and characteristics of importance for the criminal case, if not required for this manufacture is judicial-medical examination. The examination shall be carried out in the presence of witnesses, and in some cases with the participation of a physician. If the examination is accompanied with denudation testify in person, the investigator and witnesses must be of the same sex.
Examination. Evidence in a criminal case is any information on the basis of which the court, Prosecutor, investigator, interrogating officer in the order determined by the code of criminal procedure establishes the presence or absence of circumstances subject to proving in the proceedings on a criminal case and other circumstances relevant to the criminal case. As evidence admitted: the testimony of a suspect, accused; the testimony of the victim, the witness; opinion and expert testimony; evidence; records of investigative and judicial actions; other documents (article 74 of the code of criminal procedure.
Examination is appointed in cases where during the inquiry, preliminary investigation and trial requires special knowledge in science, technology, art or craft. The examination is performed by experts of relevant institutions or by other specialists. As an expert can be caused by any person with the necessary knowledge to give an opinion (article 57 code of criminal procedure.
The application of medical knowledge to address issues arising in practical activities of bodies of inquiry, investigation, prosecution and trial, call forensics.
3. THE ORDER OF APPOINTMENT AND PRODUCTION OF FORENSIC EXAMINATION.
The purpose of the examination. If there is a need in the examination, the investigator shall pass a resolution, which shall include: grounds for appointment of judicial examination; surname, name and patronymic of the expert or the name of the expert institution, which should be made legal expertise; the questions put before the expert; materials provided to the expert. Prior to the appointment of an expert investigator discovers information about his specialty and competence (article 195 code of criminal procedure.
In accordance with article 198 of the criminal procedure code of the Russian Federation at appointment and manufacture of judicial examination a suspect, accused, his defender has the right: to get acquainted with the decision about appointment of judicial examination; to challenge the expert or to petition for the manufacture of judicial examination in another expert institution; to petition for attraction as experts of their specified persons or for judicial examination at a specific expert institution; to apply for registration in a resolution on the appointment of a court examination additional questions to the expert; be present with the permission of an investigator when producing forensic examination, to give explanations to the expert; to get acquainted with the expert’s conclusion or the message on impossibility to give the conclusion and also with the Protocol of interrogation of the expert.
Mandatory production expertise. According to article 196 of the code of criminal procedure appointment and manufacture of judicial examination is mandatory if you want to install.
1) the cause of death.
2) the nature and extent of the harm caused to health.
3) mental or physical condition of the suspect, the accused, if a doubt arises concerning his sanity or ability to defend their rights and lawful interests in criminal proceedings.
4) mental or physical condition of the victim, if a doubt arises concerning his capability to correctly comprehend the circumstances of importance for criminal proceedings, and to testify.
5) age of the suspect, accused, victim when it matters for criminal case, and the documents confirming his age are absent or raise doubts.
Production expertise. A forensic examination is performed by experts of Bureau is judicial-medical examination of Ministry of health and social development of Russia. It’s an appointed position of a physician who graduated from the medical faculty of the medical school.
4. DUTIES AND RIGHTS OF THE EXPERT.
The doctor appointed expert is obliged to appear when summoned by the person conducting the inquiry, investigator, Prosecutor or court, and to give an objective opinion on the issues laid upon him.
The expert has the right: to get acquainted with criminal case materials related to the subject of judicial review; petition for granting additional materials required to give an opinion or attraction to manufacture of judicial examination of other experts; to participate with the permission of the inquirer, investigator, Prosecutor and court in the proceedings and to ask questions pertaining to the subject matter of judicial examination: to give an opinion within their competence, including on the issues, although not specified in the resolution on appointment of forensic examination, but relevant to the expert assessment; to Lodge complaints against the actions (inaction) and decisions of the inquirer, investigator, Prosecutor and court, restricting his rights; to refuse returns of opinions in matters beyond the limits of special knowledge as well as in cases where the material before it is insufficient to give an opinion.
The expert may not: without the knowledge of the investigator and the court to negotiate with the participants of criminal proceedings on questions related to production expertise; independently collect materials for an expert study; carried out without the permission of the inquirer, investigator, court research, may lead to complete or partial destruction of objects or change of their appearance or basic properties; to give a false conclusion; to disclose data of preliminary investigation, which became known to him in connection with participation in criminal case as an expert if he was warned about it in advance.
The expert can obtain the materials only from the investigator. The investigator must inform the defendant of what materials he provides to the expert for the examination, and ask the accused whether he had any additional materials to provide their expert. The accused has the right to initiate a petition for the recovery of additional materials required for submission to the examination. The expert can preview with the investigator materials required for examination, and to establish whether they are sufficient to draw conclusions.
The head of the expert institution, upon receipt of the decision of the investigator on the appointment of forensic examination requests its production to the concrete expert or several experts from among workers of the institution and notify the investigator. The head of the expert institution, with the exception of the head of the state forensic-expert institution shall explain to the expert his rights and responsibility.
During the examination outside the expert institution, the investigator shall pass a resolution on the appointment of examination summons the person who is entrusted with examination, to certify as to his identity, specialty and competence, sets the relationship between the assessor and the accused, the suspect, the victim and checks if there are any grounds for challenge of an expert.
5. THE EXPERT’S CONCLUSION.
Medical examiner gives an opinion on their behalf on the basis of studies made in accordance with his knowledge, and responsible for the conclusion, personal responsibility.