Procedural and Educational Requirements for Legal Personality of Medical Specialist and Forensic Expert Participating in Criminal Proceedings
Abstract
Involvement of specialists in the field of medicine contributes to the goals of rapid, comprehensive and objective solving of the investigation of crimes.
Based on the forms of application of special medical knowledge, there is a need to consider the legal personality of a medical specialist and a forensic expert during a pre-trial investigation and a judicial investigation.
Given the different specialization of physicians, the investigator should, when choosing which physician to be included in the proceedings, need to know what qualifications the doctor should answer.
During the forensic examination the expert solves questions of a medical nature only, while he must be competent in them and have sufficient level of knowledge.
The criminal procedural legislation and a number of departmental normative legal acts regulating the participation of a medical specialist and a forensic expert in criminal proceedings are analyzed. The procedural position, rights and obligations of subjects having special medical knowledge are explored, some aspects of educational requirements, which are put forward to them, are disclosed. The emphasis is on the changes that have taken place with the adoption of the current Criminal Procedural Code in these matters. The shortcomings of the legal regulation of this problem were identified and proposals were made for improving the norms of the domestic legislation regulating the said activity.
Medical professionals and forensic experts should strictly adhere to the procedural and educational requirements imposed upon them if they are involved in the investigation of crimes. Compliance with all procedural and other legal norms by the participants in criminal proceedings provides a complete, comprehensive, well-founded investigation of all the circumstances of the commission of the crime and the establishment of the perpetrators.Downloads
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