Forensic medical examination, or SME, is one of the most popular, expensive, and complex studies. It is used in resolving biological and medical issues arising in the activities of investigative and judicial authorities.
Classification
There are such types of forensic examination as primary and secondary, repeated and sole, with the participation of specialist consultants, as well as commission and complex. Let's consider them in more detail.
Initial examination is an initial study of the object of a forensic medical plan. Such SME is prescribed, if necessary, special knowledge in technology, science, craft or art. This procedure is carried out either during a direct inspection of the object, or according to the material evidence available in the case.
It is worth saying that, as a rule, the conduct of forensic examination is limited only to this type of study. Moreover, the conclusion issued by experts is considered final and is taken into account by the investigation.
Sometimes an additional examination may be appointed. The need for its implementation arises in cases where there are signs of insufficient completeness of the issued conclusion or its ambiguity. Such a BMS is entrusted either to the one already conducting it, or to another expert. Upon receipt of sufficient data, there are grounds for issuing a final opinion. To do this, a study is carried out, which consists of a number of stages.
This type of examination, as repeated, is also prescribed in case of incomplete information of the primary study. Only, unlike the additional one, she is assigned to perform another specialist. Sometimes repeated forensic examination is carried out on a commission basis.
In practice, there are cases when the investigator or the court decides to conduct a third study. This happens when the primary and repeated forensic examination contradict each other. In this case, specialists should be familiarized with previously issued opinions on the case.
Sole examination is appointed on various occasions. This could be a definition:
- puberty or immunity;
- the degree of severity of bodily harm, etc.
The procedure for conducting a forensic examination of a single type includes a full examination of the object by one specialist, who then issues an appropriate opinion. However, sometimes questions arise that cannot be resolved without knowledge of a particular medical specialty. For example, the presence of a sexually transmitted disease or a state of vision. In such cases, an examination is carried out with the participation of specialist consultants. This procedure should be formalized by a court ruling or an investigator’s decision.
Sometimes, quite complicated questions arise before a medical examiner, to which he cannot answer alone. In this case, the investigator may appoint several expert doctors 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 conduct initial and additional research.
In the process of a comprehensive examination involved specialists from various fields of knowledge. These can be forensic professionals, as well as forensic chemists, automotive technicians, etc. At the same time, various research methods are used.
The need for an appointment
Forensic medical examination is carried out in cases where:
- it is necessary to establish the cause of death or determine the characteristics of bodily harm;
- there are doubts about the sanity 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 have occurred;
- it is necessary to establish the age of the accused, suspect or victim due to the lack of necessary documents.
Medical experts are summoned to inspect objects, premises and terrain in order to identify traces of crimes. Such specialists participate in surveys of victims, suspects or witnesses, as well as in investigative experiments and in obtaining the necessary samples for research.
Terms and Conditions
How is forensic examination? This procedure is carried out only in special institutions, which are hospitals and clinics, outpatient clinics, as well as the premises of the court and investigative authorities. A prerequisite in this case is that the forensic expert has the appropriate education and certificate. And it doesn’t matter if the employee is a public or private institution. In both cases, he will bear full criminal responsibility for his conclusions.
Object of study
Depending on the goal, carry out:
- 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 damage to health.
- Forensic examination of corpses. The task facing this study is to determine the causes of death and its time, as well as to identify injuries, their mechanism, nature and prescription. It is determined whether the injuries are the cause of death.
- Toxicological and chemical expertise. The objects of this study are human fluids and organs. They are checked for the presence of chemical elements.
- Biological examination. It includes cytological and medical genetic research. The object of this examination is human fluids and tissues. The purpose of the study is to determine group affiliation, antigens, kinship, etc.
- Histological examination. She studies small fragments of internal organs and tissues. The purpose of this study is to identify pathological abnormalities at the microscopic level.
- Forensic examination of medical documents available in a case.
- Situational, trasological and ballistic studies. All of them relate to forensic medical examination.
Allotted time for issuing an opinion
The timing of a forensic examination depends on the complexity of the task, as well as on the set and nature of the necessary studies. The time countdown starts from the moment when the specialist received all the necessary materials from the investigating authorities, the prosecutor's office or the court. It happens that, for one reason or another, the terms of the examination are violated. The specialist must notify the initiators of the study and the leadership of his organization.
So, for a large period of time, an examination of a corpse or material evidence is carried out . This is due to the length of the process of identifying the results of laboratory tests and analyzes. That is why the terms of examination, for example, of a victim in a criminal case and accident, are different.
Rules for
How is forensic examination? When conducting research, a specialist is required to adhere to certain rules that are enshrined in current law. Namely:
- the expert must independently choose the methodology for researching the object, which would not contradict universal principles and normative acts;
- conduct research only if all materials of civil and criminal proceedings have been previously studied;
- the procedure should be carried out only during the day, in a room specially adapted for this and at normal temperature conditions.
How is forensic examination of a minor? With special attention and thoroughness. This tactic is due to the instability of the mental state of the young man.
The result of the study should be the conclusion of a forensic examination. Without it, all actions taken by a specialist are considered illegal.
Passage of SME by persons subject to survey
How is the forensic examination of living persons? In its implementation, a number of specific actions are performed.
These include:
- Clarification of questions posed by the expert. This is necessary to obtain a more accurate study result. An expert can ask questions about the mechanism of formation of injuries, the state of health, the instrument with which the injuries were inflicted, and also about the current state of the person.
- Voluntary display of those parts of the body that are subject to examination. Those who are interested in obtaining reliable research results should not interfere with any expert actions and must cooperate with a physician. Sometimes a person does not consent to the voluntary demonstration of damaged areas of the body. In this case, forensic examination is carried out in a forced manner.
Credibility
What determines the fidelity of the specialist’s judgments that he will make in the act of forensic examination? This is directly related to the time of the study. The fact is that an expert can fix and give an opinion on certain facts and damages only for a strictly limited period.
The reliability of the examination also depends on the qualifications of those specialists who are entrusted with the task of conducting it. In any case, the conclusion of the JME is assessed by the court. It is this body that makes the final decision on the admissibility of using the presented act as evidence.
Carrying out an independent SME
A regular forensic examination is ordered by the court. However, its conclusion is not a guarantee of an objective and accurate result. This is due to the use of ineffective and outdated technologies, delaying the start of research, as well as the negligent attitude of researchers to their work responsibilities. Sometimes cases of bribery of examination workers with the aim of submitting false results are revealed. Based on this, the parties to the litigation resort to an alternative solution. They carry out independent forensics at their own expense. The results of such a study are fairly objective.
Pros and cons of independent SME
Examination by non-governmental services has several advantages. Among them:
- high speed of carrying out;
- Excellent quality and accuracy of the results.
An independent forensic examination has the only drawback. It is its considerable cost. The requested amount is not always affordable for interested parties.
The procedure for the implementation of an independent SME
At your own expense, a forensic medical examination can be carried out in an expert bureau. Previously, the specialist gets acquainted with the available materials, prepares the room and selects the necessary equipment.
Examination of people for examination is carried out on the basis of pre-trial materials, which indicate those parts of the body that need to be examined and examined. All actions are recorded in an act of an independent BMS. To better fix injuries, injuries and scars, the expert takes photographs, drawings and other applications.
Such studies give parties the opportunity to avoid falsity, subjectivity and inaccuracy in assessing existing evidence. The conclusions of an independent EPR have the same legal force as acts of state experts.