concept examination - a certain procedure performed by the investigator, doctor or other specialist for the detection of the victim, the accused, a suspect or witness marks or evidence of a crime, injuries, signs, detection of alcohol, drug intoxication and other symptoms related to criminalcause if it does not require a forensic examination.
If judicial examination involves nudity, the procedure conducted by a doctor or a specialist in a separate room, which is drawn up after the survey.At the same time during the procedure is prohibited to be in the room to outsiders.
Forensic medical examination carried out on the basis of the order or decision, stating the basis and purpose of the procedure.
Grounds for examination
concept survey includes the base of the procedure.This evidence reporting that the body inspected persons are:
- traces of the crime;
- distinguishing marks (tattoos, scars);
- injuries (scratches, wounds, beatings);
- also captures the state of the body and its inherent characteristics (height, weight, degree of intoxication, traces of injections, etc.).
This is assigned on condition of significance for the criminal case.
methods of procedure
Survey done by the perception of the signs and the features that are on the body inspected.
the procedure in question may be based on sensory cognition.Also, the method of observation with the help of visual perception, whose gain is allowed through the use of technical means and by measuring, comparison, evaluation.
When examination may be actively used other possibilities of perception, such as touch, hearing, smell (eg, in determining the influence of alcohol).
Stages survey
examination process consists of three stages.
1. Preparatory, which includes the actual base of the procedure, the process organization, the timing and location.
2. mainly includes inspection process tested individual.
3. Final stage - accompanied by a documentary recording the results.
during the procedure
Survey conducted in the case where the detection of traces of the crime does not require a forensic examination.If any such indication unlawful act requires special knowledge, invited expert.
During the examination of witnesses required his consent, except in cases when it is not necessary, as the procedure is necessary to confirm the credibility of the testimony.
If the procedure in question affects the person's private life, the court warns the actors to ban the dissemination of private information.
For this authorized person writes a referral to a forensic medical examination.The fulfillment of this requirement is mandatory for the suspect, the accused or the victim.
Forensic medical examination, carried out with the use of video, photography or filming, made with the consent of the individual person.And this is reflected in the minutes of the hearing.
examines the person does not sign the inspection certificate, but merely expressed its observation, opinion, asking questions a doctor or a specialist to carry out this procedure.
criteria for delimitation of the survey and examination
Conducting the survey aims to detect the human body accepts, tracks or signs of certain conditions related to the criminal case when it does not require examination.
difference between the survey and examination is specialized knowledge necessary for the proper latching of the body or marks on the body, as well as the presence or absence of the need for the study.For example, to detect traces of injections carried out with the assistance of a physician examination.To determine the quality characteristics of a drug administered forensic examination.Examination procedure may precede it.
Act judicial medical examination
In the act of judicial medical examination on the title page contains the following information.
1. On the place of the procedure.
2. Information about the forensic expert (name, position, seniority, category, etc.), the tested face and present during the procedure humans.
act on the following pages contains questions to be resolved, circumstances, results and conclusions.
The document is required to describe in detail the damage detected, without using medical or other special terms and diagnoses.
protocol part of the act signed by the persons present and the expert.The conclusion must be endorsed by the forensic expert.
judicial examination ends with drawing up an act, an indication of its date of signing and stamping.The document is filled, even if the traces of a crime or not found.
Act forensic examination issued to a person, to appoint the procedure.The exception is when this is initiated by the victim.
Disclaimer examination in criminal proceedings
judicial examination in criminal cases is provided a method of coercion.If you have a resolution of the victim, the suspect or the accused is required to undergo the procedure.An exception is the witness.Passage of their examination is required if necessary to confirm his testimony.
At default resolution on the passage of the procedure actors, it is carried out through the use of physical coercion.To do this, the police are involved, are not parties to the survey.Such actions must meet certain criteria: since such a measure is at.To it should be used after the application of persuasive measures without degrading the honor and dignity, without causing harm to the health of the individual.
When conducting the survey implies the application of the above measures, the law allows the rejection of the procedure.
Disclaimer examination in the administrative process
In administrative law, as well as a criminal, there are certain consequences for refusing examination.The jurisprudence indicates that the rejection of the procedure to determine the drivers intoxicated involves almost one hundred percent of the divestment.Before you send an inspector for examination in a medical institution, you must undergo the procedure on alkotestore.If the checks it was not - it is a violation of due process by the traffic police.
World Court, considering an administrative case, subject to the waiver in honey.Examination not really delves into the circumstances and often makes a decision on deprivation of the right to drive a vehicle.In rare cases, the driver remains with the document.To do this often have to go to a lawyer or attorney.But that does not guarantee a positive outcome.
forensic examination beatings
Beating stipulates the criminal law responsibility.This court examination of injury can be fixed directly by contacting the Bureau of Forensic Medicine or to the police, which will be discharged direction.
This procedure involves the examination of the victim in the presence of bruises, abrasions, scratches and other injuries.
Turning to a medical facility, bypassing the police station for examination beating the doctor on duty is still reported on the treatment.Injuries are criminal in nature.Then duty policeman finds out circumstances of the case.If the victim to write an application on the person who caused injuries to criminal liability, a forensic medical examination of beatings carried out on the basis of the direction given to the investigator.
Councils for the passage of medical examination in a court administrative law
What to do if you have appointed sud. honey.examination?Tips for its passage formulated legal professionals, based on practices and laws.They point out that when you stop the driver of the vehicle traffic police officers, offering to undergo the procedure in the presence of alcohol in the alkotestore, to abandon its passage is not necessary.After all, it involves the passage of a forensic medical examination.If the driver or a member of the DPS does not agree with the results alkotestora, it may be written direction to sud. honey.examination.This provides the presence of two witnesses.
On the direction of a medical examination DPS officer must issue a report, a copy of which leaves the driver.
