Go Forensic examination to determine the severity of injuries | Forensic Medicine
Go
Pages: 1 2 3 4 5 6 7 8 9

Forensic examination to determine the severity of injuries

The Fundamentals of the Criminal Legislation of the USSR and the Union Republics (Article 7) states that the protection of the person and the rights of citizens from criminal encroachment is one of the tasks of the Soviet criminal legislation. For the commission of a crime against a person (harm to the life, health, freedom and dignity of a person), the law provides for criminal liability.

In the investigation and consideration by courts of criminal cases of crimes against life and health, conducting a forensic examination to determine the nature (and for the purposes of this article and the degree of severity) of bodily harm is mandatory (Article 79 of the CPC). In the All-Union "Rules for the Forensic Medical Determination of the Severity of Physical Injuries" (1979) it is stated: "From a medical point of view, injuries should be understood as violations of the anatomic integrity or physiological function of organs and tissues resulting from exposure to environmental factors."

As a result of a violation of the anatomical integrity or physiological function of organs and tissues, human health is harmed, which determines the severity of the injury.

Go

In accordance with the criminal legislation of the Azerbaijan, Armenian, Belarusian, Georgian, Kyrgyz, Lithuanian, Moldavian SSR, RSFSR, Tajik, Turkmen and Uzbek SSR, their injuries are divided into three degrees according to their severity: grave, less grave, and light. In the Kazakh, Latvian and Ukrainian SSR, bodily injuries are divided into grave, moderate and severe, and in the Estonian SSR - into particularly grave, grave and light.

From 01. 04. 79, the All-Union Rules for the Forensic Medical Determination of the Severity of Injuries were put into effect, making it possible to unify the forensic criteria for assessing the severity of injuries in all republics of the USSR. They contain the medical criteria for signs of bodily injury of varying degrees of severity, provided for by the criminal legislation of most union republics. Guided by these signs determine the severity of injuries as serious, less serious and light (in the Criminal Code of the RSFSR, respectively, Art. 108, 109 and 112).

The basis for a forensic medical examination is a decision of the investigating authorities or a court ruling.

The tasks of the medical examiner necessarily include: 1) establishing the presence of a bodily injury and its medical diagnostic characteristic (bruising, abrasion, wound, fracture, etc.); 2) elucidation of the mechanism of formation of damage (tools, means that caused it); 3) determination of the duration of damage; 4) qualification of the severity of injury.

In addition, the expert may be asked other questions that are dictated by the peculiarities of the circumstances under which the damage occurred, or the need to identify a specific instance of the tool that caused the damage.

The “Instructions on the production of forensic medical examinations in the USSR” (1978) require that both the “Expert Opinion” and the “Act” when examining or examining victims, defendants and other persons had a detailed description of all the objective medical data, an indication of the direction of the expert testifies to doctors of other specialties, x-ray and other studies, as well as the results of these examinations and studies.

The study of the circumstances of the occurrence of injuries and medical data relating to the examination performed is essential for the completeness and objectivity of the expert study and the conclusions of the expert. The expert has the right to require the provision of all materials about the essence of the incident necessary for giving an opinion (Article 82 of the Code of Criminal Procedure).