How is forensic medical examination: the procedure and timing

Forensic medical examination, or SME - is one of the most demanded, expensive and complex studies. They apply it in resolving biological and medical issues arising in the activities of investigative and judicial bodies.

Classification

There are such types of forensic examination as primary and secondary, repeat and single, with the participation of specialist consultants, as well as commission and complex. Let us consider them in more detail.

The primary examination is the initial examination of the object of the forensic medical plan. Such SMEs are appointed, if necessary, special knowledge in technology, science, craft or art. This procedure is carried out either by direct inspection of the facility, or by available in-material evidence.

It is worth saying that, as a rule, forensic medical examination is limited only to this type of research. In this case, the conclusion issued by specialists is considered final and taken into account by the investigation.

Sometimes an additional examination can be appointed. Necessity in its carrying out arises in those cases when there are signs of insufficient completeness of the issued conclusion or its ambiguity. Such SME is entrusted either to the one who conducted it or to another expert. When sufficient data are obtained, there are grounds for issuing a final opinion. For this, a study is carried out, which consists of a series of steps.

This kind of examination, like a second one, is also appointed if the information of the primary research is incomplete. Only, unlike the additional one, it is assigned to perform it to another specialist. Sometimes a repeated forensic examination is carried out commission.

In practice, there are cases when an investigator or a court decides to conduct a third study. This happens when the primary and secondary forensic medical examination contradict each other. In this case, the specialists should be acquainted with the previously issued conclusions on the case.

Individual examination is appointed for various reasons. This can be a definition:

- sexual maturity or immunity;

- the severity of the bodily injuries inflicted, and so on.

The order of forensic examination of a single type includes a full survey of the facility by one specialist, who then issues a corresponding conclusion. However, sometimes there are questions, the resolution of which is impossible without knowledge of a particular medical specialty. For example, the presence of a venereal disease or a state of vision. In such cases, expertise is conducted with the participation of specialist consultants. This procedure must be formalized by a court ruling or an investigator's decision.

Sometimes, before a forensic expert, there are rather complicated questions that he can not answer alone. In this case, the investigator may be appointed several medical experts working in the field of forensic medicine. Thus, a commission is created. Its task is to discuss the questions posed by the investigation, as well as to conduct initial and additional research.

In the process of complex expertise, specialists from various fields of knowledge take part. It can be professionals of forensic medicine, as well as forensic chemists, auto technicians, etc. At the same time, various methods of research are used.

Necessity of appointment

Forensic medical examination is carried out in those cases when:

- It is necessary to establish the cause of death or determine the characteristics of bodily harm;

- there are doubts about the responsibility of the accused;

- The physical and mental health of the witness or victim should be established to determine their correct perception of the events that occurred;

- It is necessary to establish the age of the accused, the suspect or the victim due to the lack of necessary documents.

Medical experts are called to inspect objects, premises and terrain in order to determine the traces of crimes. Such specialists participate in the surveys of victims, suspects or witnesses, as well as in investigative experiments and when obtaining the necessary samples for research.

Terms of carrying out of Mri

How is forensic medical examination? This procedure is carried out only in special institutions, which are hospitals and polyclinics, dispensaries, as well as the premises of the court and investigative bodies. An obligatory condition in this case is the availability of a forensic expert in the relevant education and certificate. And it does not matter whether an employee of a public or private institution is that specialist. And in either case he will bear full criminal responsibility for his conclusions.

Object of study

Depending on the goal, they carry out:

1. Forensic examination of living persons. It is needed to determine the nature, mechanism, prescription and the presence of damage, as well as the severity of the harm done to health.
2. Forensic examination of corpses. The task that faces this research is to determine the causes of death and its time, as well as to identify the damage, their mechanism, nature and prescription. It is determined whether the existing injuries are the cause of death.
3. Examination toxicological and chemical. The objects of this study are fluids and human organs. They are checked for the presence of chemical elements.
4. Biological examination. It includes cytological and medical genetic research. The object of this examination are liquids and human tissues. The purpose of the study - the definition of group affiliation, antigens, kinship, etc.
5. Histological examination. She studies small fragments of internal organs and tissues. The purpose of this study is to determine pathological abnormalities at the microscopic level.
6. Forensic examination of medical documents available in the case.
7. Situational, tracological and ballistic studies. All of them relate to medical-forensic examination.

Allotted time for issue of the conclusion

The timing of forensic medical examination depends on the complexity of the task, as well as on the recruitment and nature of the necessary studies. The time count starts from the moment when the expert from the investigative bodies, the prosecutor's office or the court received all the necessary materials. It happens that for one reason or another the timing of the examination is violated. The specialist is obliged to notify the initiators of the research and the management of his organization about this.

So, for a long period of time an examination of the corpse or material evidence is carried out . This is due to the length of the process of identifying the results of laboratory studies and analyzes. That is why the timing of the examination, for example, the victim in a criminal case and an accident, are different.

Rules for conducting

How is forensic medical examination? During the research, the specialist must adhere to certain rules, which are fixed in the current legislation. Namely:

- The expert should independently choose a technique of research of object which would not contradict universal principles and statutory acts;

- to conduct research only if all the materials of civil and criminal proceedings have been previously studied;

- the procedure must be carried out only in the daytime, in a specially adapted room and under normal temperature conditions.

How is the forensic medical examination of a minor? With special attention and thoroughness. This tactic is due to the instability of the young man's mental state.

The result of the study should be the conclusion of forensic experts. Without it, all actions performed by a specialist are considered illegal.

Passage of FMS by persons subject to survey

How is forensic medical examination of living persons? In its implementation, a number of specific actions are carried out.

They include:

1. Clarification of questions that are put by the expert. This is necessary to obtain a more accurate result of the study. The expert can ask questions about the mechanism of injury, health, the weapon with which damage was done, as well as the current state of the person.
2. Voluntary display of those parts of the body that are subject to examination. Those persons who are interested in obtaining reliable research results should not interfere with any expert actions and are obliged to cooperate with a physician. Sometimes a person does not consent to a voluntary demonstration of damaged parts of the body. In this case the forensic medical examination is conducted forcibly.

Reliability

What determines the correctness of the expert's judgments, which he will make in the forensic medical examination report? This is directly related to the time of the study. The fact is that the expert can fix and give an opinion on certain facts and damages only for a strictly limited period.

The reliability of the examination depends on the qualifications of those specialists who are tasked with conducting it. In any case, the conclusion of the FRA is judged by the court. It is this body that makes the final decision on the admissibility of using the submitted act as evidence.

Conducting an independent MRE

The usual forensic medical examination is appointed by the court. However, its conclusion is not a guarantee of an objective and accurate result. This is due to the use of inefficient and obsolete technologies, delaying the commencement of the study, as well as negligent attitude of researchers to their work duties. Occasionally, cases of bribery of examination workers are revealed with the purpose of giving false results. Proceeding from this, the parties to the trial resort to an alternative solution. They carry out independent judicial expertise at their own expense. The results of such a study are fairly objective.

Pros and cons of an independent SME

Examination conducted by non-state services has a number of advantages. Among them:

- high speed of carrying out;

- excellent quality and accuracy of results.

The independent forensic medical examination has the only drawback. It is its significant cost. The requested amount is not always available to interested persons.

The procedure for the implementation of an independent MRE

For their own account, a forensic medical examination can be conducted in an expert bureau. Previously, the specialist gets acquainted with the available materials, prepares the premises and chooses the necessary equipment.

Examination of people for examination is made on the basis of pre-trial materials, which indicate those parts of the body that need to be inspected and examined. All actions are recorded in an act of independent FRA. For better fixing of injuries, injuries and scars, the expert makes photos, drawings and other applications.

Such studies give the parties the opportunity to avoid falsity, subjectivity and inaccuracy in evaluating existing evidence. The conclusions of the independent FRA have the same legal force as acts of state experts.