Judicial examination. Forensic medical examination of beatings

The concept of examination is a certain procedure carried out by an investigator, a doctor or other specialist to detect traces of or signs of a crime, bodily harm, admission, detection of a state of alcoholic, narcotic intoxication and other signs related to the criminal case from a victim, accused, suspect or witness if For this, no forensic examination is required.

If the forensic examination involves exposing the body, the procedure is performed by a doctor or other specialist in a separate room, after which an inspection report is drawn up. At the same time during the procedure it is forbidden to be in the room to strangers.

The forensic medical examination is carried out on the basis of a decision or a determination specifying the basis and purpose of the procedure.

Grounds for the survey

The concept of survey includes the basis for the procedure. This is factual data indicating that on the body of the person being examined there are:

• Traces of crime;
• Special signs (tattoos, scars);
• Bodily injuries (scratches, wounds, beatings);
• Also, the condition of the body and its characteristic signs (weight, height, degree of intoxication, traces from injections, etc.) are fixed.

All this is appointed subject to the significance for the criminal case.

Methods of procedure

Examination takes place by the perception of signs and features that are on the body of the person being examined.

The procedure under consideration can be based on sensory cognition. The method of observation with the help of visual perception is also applied, the amplification of which is permitted by means of technical means and by measuring, comparing, estimating.

During the examination, other possibilities of perception, such as touch, hearing, and smell (for example, in determining alcohol intoxication) can be actively used .

Stages of survey

The survey process consists of three stages.

1. Preparatory, which includes the actual grounds for the procedure, the organization of the process, the timing and location.

2. Basic, including the process of inspection of the person being examined.

3. Final stage - accompanied by a documentary fixation of the results.

Process of procedure

Examination is carried out in the event that for the detection of traces of a crime no forensic examination is required. If special knowledge is required when identifying the characteristics of an unlawful act, an expert is invited.

When carrying out an examination for a witness, his consent is required, except when it is not necessary, since the procedure is necessary to confirm the reliability of the testimony.

If the procedure in question affects a person's private life, the court warns participants in the process of prohibiting the dissemination of private information.

For this purpose, the authorized person issues a referral for a forensic medical examination. Execution of this requirement is mandatory for the suspect, accused or injured.

Forensic medical examination conducted using video recording, photographing or filming is performed with the consent of the individual. And this is reflected in the record of the court session.

The examined person does not sign the certificate of survey, but only expresses his or her comment, opinion, asks questions to the doctor or specialist who conducted the procedure.

Criteria for distinguishing between survey and examination

The purpose of the survey is to detect on the human body the signs, traces, signs or the determination of the condition relevant to the criminal case when an examination is not required for this.

The difference between the examination and the examination consists in the special knowledge necessary for the correct fixation of the state of the organism or traces on the body, as well as the absence or necessity for carrying out the research. For example, for the detection of traces from injections, an examination with the participation of a doctor is conducted. To determine the quality of the drugs administered, forensic examination is carried out. The examination procedure may precede it.

Judicial Medical Examination Certificate

In the certificate of forensic medical examination on the title page contains the following data.

1. About the place of the procedure.

2. Information about the forensic medical expert (name, title, length of service, category, etc.), the person to be examined and those present during the procedure.

The following pages of the Act contain issues to be resolved, the circumstances of the case, the results obtained and conclusions.

In the document it is necessary to describe the damage in detail, without using medical or other special terms and diagnoses.

The protocol part of the act is signed by the persons present and by the expert. The conclusion must be endorsed by a forensic expert.

The judicial examination ends with drawing up an act, indicating the date, signing it and putting the seal on it. The document is filled in, even if traces or signs of a crime are not found.

An act of forensic medical examination is issued to the person who appointed the procedure. The exception is cases where all this is carried out on the initiative of the victim himself.

Refusal of examination in criminal procedure

Judicial examination during criminal proceedings is provided by coercion. If there is an order, the victim, the suspect or the accused must undergo the procedure. The exception is the witness. Passage of the survey is mandatory, if necessary to confirm his testimony.

If the resolution on passing the procedure is not fulfilled by the participants in the process, it is carried out by applying physical influence. To do this, police officers who are not participants in the survey are involved. Such actions must meet certain criteria: since such a measure is extreme. It should be resorted to after applying persuasive measures, without degrading honor and dignity, without harming the health of the individual.

If the survey involves the application of the above measures, the law allows the refusal of the procedure.

Refusal to survey in the administrative process

In administrative law, as well as in criminal law, there are certain consequences for the refusal of the survey. Judicial practice indicates that the refusal to carry out the procedure of drivers to determine the state of intoxication entails almost a hundred percent of the deprivation of rights. Before the inspector sends an examination to a medical institution, it is necessary to undergo this procedure on the alkotestor. If there were no checks on it, this is a violation of the procedural rules on the part of the DPS officer.

The world court, considering the administrative case, on condition of refusal to honey. The survey is not particularly deepened in the circumstances and most often adopts a decree on the deprivation of the right to drive a vehicle. In rare cases, the driver remains with the document. For this, one often has to turn to a lawyer or a lawyer. But this does not guarantee a positive outcome of the case.

Forensic medical examination of beatings

The infliction of beatings entails liability provided for by criminal law. In this case, the judicial examination of injuries can be documented by contacting the forensic medical examination office or the police station in which they will write the referral.

This procedure involves examining the victim for bruises, abrasions, scratches and other bodily injuries.

When you go to a medical facility, bypassing the police station, the doctor on duty will still report the treatment for the examination of the beatings. Physical injuries are of a criminal nature. After that the duty policeman finds out the circumstances of the case. If the victim writes an application to bring a person who has inflicted bodily harm to criminal responsibility, a forensic medical examination of the beatings is conducted on the basis of the direction given by the investigator.

Councils for the passage of forensic medical examination in administrative law

What to do if you have been assigned a court.-Honey. Survey? Councils for its passage are formulated by professional lawyers on the basis of practice and norms of legislation. They point out that when stopping a vehicle driver by DPS employees who propose to undergo a procedure for the presence of alcohol on an alkotistor, it is not worth to refuse it. After all, this involves forensic medical examination. If the driver or employee of the DPS does not agree with the results of the alkotestor, a referral to the court may be issued. Survey. In this case, there are two witnesses.

On the direction of medical examination, a traffic police officer is required to issue a record, a copy of which leaves the driver.