The concept of examination is a certain procedure carried out by an investigator, doctor or other specialist to detect traces, signs of a crime, bodily harm, signs, signs of alcohol, drug intoxication or other signs related to a criminal case in a victim, accused, suspect or witness, if this does not require a forensic examination.
If the judicial examination involves exposure of the body, the procedure is carried out by a doctor or other specialist in a separate room, after which an inspection certificate is drawn up. At the same time, during the procedure it is forbidden to be unauthorized in the room.
A forensic medical examination is carried out on the basis of a decision or determination, which indicates the basis and purpose of the procedure.
Grounds for the survey
The concept of survey includes the grounds for the procedure. These are factual data that indicate that on the body of the person being examined there are:
- traces of a crime;
- special signs (tattoos, scars);
- bodily harm (scratches, wounds, bruises);
- the state of the body and its inherent signs (weight, height, degree of intoxication, traces of injections, etc.) are also recorded.
All this is assigned subject to significance for the criminal case.
Methods of carrying out the procedure
Survey is carried out by perception of signs and features located on the body of the person being examined.
The procedure in question can be based on sensory knowledge. Also used is the observation method using visual perception, the enhancement of which is allowed by the use of technical means and by measuring, comparing, evaluating.
During the examination, other perceptual possibilities may be actively used, such as touch, hearing, smell (for example, when determining alcohol intoxication).
Survey Stages
The survey process consists of three stages.
1. Preparatory, which includes the factual basis for the procedure, the organization of the process, the choice of time and place.
2. The main, including the process of inspection of the inspected person.
3. The final stage - accompanied by documentary recording of the results.
Process
An examination is carried out when a forensic examination is not required to detect traces of a crime. If, when establishing signs of an illegal act, special knowledge is required, a specialist is invited.
When conducting a survey in respect of a witness, his consent is required, except when it is not necessary, since the procedure is necessary to confirm the reliability of the evidence.
If the procedure in question affects the private life of a person, the court warns participants in the process to prohibit the dissemination of private information.
To do this, the authorized person writes out a referral for a forensic examination. Compliance with this requirement is mandatory for the suspect, accused or victim.
A forensic examination carried out using video recording, photographing or filming shall be carried out with the separate consent of the person. And this is reflected in the minutes of the hearing.
The examined person does not sign the inspection certificate, but only expresses his remark, opinion, asks questions to the doctor or specialist who performed this procedure.
Criteria for distinguishing survey and examination
The examination is aimed at detecting on the person’s body signs, traces, signs or determination of a condition related to a criminal case, when this does not require an examination.
The difference between the examination and examination is the special knowledge necessary for the correct fixation of the state of the body or traces on the body, as well as the absence or presence of the need for the study. For example, an examination is carried out with the participation of a doctor to detect signs of injection. To establish the qualitative characteristics of the injected drugs, a forensic medical examination is carried out. The examination procedure may be preceded by it.
Forensic Medical Act
In the act of judicial medical examination on the title page contains the following data.
1. About the venue of the procedure.
2. Information about the forensic expert (name, position, length of service, category, etc.), the person being examined and the people present during the procedure.
The following pages of the act contain issues to be resolved, circumstances of the case, results obtained and conclusions.
The document must necessarily describe in detail the detected damage, without using any medical or other special terms and diagnoses.
The protocol part of the act is signed by the persons present and the expert. The report must be endorsed by a medical examiner.
The judicial examination shall end with the drawing up of the act, indicating the date on it, signing it and affixing the seal. The document is filled out, even if no traces or signs of a crime are found.
An act of forensic examination is issued to the person who appointed this procedure. The exception is cases when all this is carried out at the initiative of the victim himself.
Refusal of examination in criminal proceedings
Judicial examination in criminal proceedings is provided by the method of coercion. If there is a resolution, the victim, suspect or accused must undergo the procedure. The exception is a witness. Passing the survey is mandatory if it is necessary to confirm his testimony.
In case of non-fulfillment of the decision on the passage of the considered procedure by the participants in the process, it is carried out by applying physical impact. For 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 persuasive measures are applied, 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 to carry out the procedure.
Refusal of survey in administrative process
In administrative law, as well as in criminal law, certain consequences are provided for the refusal of an examination. Judicial practice indicates that the refusal to conduct a procedure for drivers to determine the state of alcohol intoxication entails the deprivation of rights in almost a hundred percent of cases . Before the inspector sends for examination to a medical institution, it is necessary to undergo this procedure on a breathalyzer. If there was no check on it, this is a violation of the procedural rules by the traffic police officer.
Magistrate court, considering administrative case, subject to refusal to honey. the examination does not particularly go deep into circumstances and most often takes a decision on the deprivation of the right to drive a vehicle. In rare cases, the driver remains with the document. To do this, you often have to contact a lawyer or lawyer. But this does not guarantee a positive outcome.
Forensic examination of beatings
The infliction of beatings shall entail liability under criminal law. At the same time, a judicial examination of injuries can be recorded directly by contacting the forensic medical examination bureau or the police department, in which they will write a referral.
This procedure involves examining the victim for bruises, abrasions, scratches and other injuries.
When contacting a medical institution, bypassing the police department, the doctor on duty still reports the appeal to examine the beatings. Physical injuries are criminal in nature. After which the policeman on duty finds out the circumstances of the case. If the victim writes a statement on bringing the person who caused bodily harm to criminal liability, a forensic medical examination of the beatings is carried out on the basis of the direction provided by the investigator.
Tips for passing a forensic medical examination in administrative law
What to do if a court is appointed for you. survey? Tips for passing it are formulated by professional lawyers based on practice and legal standards. They indicate that when stopping the driver of the vehicle by the traffic police, who offer to undergo the procedure for the presence of alcohol on the breathalyzer, you should not refuse to go through it. After all, this involves the passage of a forensic examination. If the driver or traffic police officer does not agree with the results of the breathalyzer, then a referral to the court can be written. survey. At the same time, the presence of two witnesses is provided.
A traffic police officer is required to issue a protocol about the direction for a medical examination, a copy of which is left to the driver.