Legislative bases of forensic activity in Ukraine ass.-prof. Valentine V. Franchuk

Forensic medicine is the subject concerned with the application of medical and paramedical scientific knowledge to certain branches of law, both civil and criminal.

The objects used for medicolegal examination Dead bodies; Alive persons (victims) Case materials (medical documents, forensic papers, investigator’s materials); Material evidences of biological origin.

The main task of the discipline is to help of law court in disclosing of crimes against human health and life. Forensic medicine plays a great role in health care because of promotes better diagnostics and prophylactics of traumatism, poisonings, sudden death.

Research methods used in forensic medicine: General (materialistic) Morphological (autopsy, histological, cytological) Clinical (examination of victims) Immunological (investigation of biological fluids) Medico-criminalistic (X-ray examination, stereomicroscopy, trassological, inspection of scene of death etc.)

Article 75 CPC of Ukraine: «Examination is assigned when scientific, technical or other kinds of special knowledge are necessary for decision on certain investigation matters.»

Forensic examination – research by the expert on the basis of special knowledge of material objects, phenomena and processes in which there is an information about circumstances of the case.

Forensic medical examination - the kind of forensic examination assigned for decision of special medical questions which can occur in practical activity of police officers or court.

Forensic examination is necessarily: 1. For determination of cause of death. 2. For determination of severity of injuries 3. For determination of psychiatric status of offender 4. For determination of sexual status of victim 5. For determination of age.

Every forensic expert has own duties: 1.To arrive at the scene of death 2.To fulfill completed examination 3.To consult an investigator 4. Don’t investigate an object when an expert is a relative of victim or offender 5.To keep an investigators secret etc.

Expert Rights: 1. to get acquainted with the case materials; 2. to declare a petition for granting additional materials, necessary for conclusion; 3. to put the questions to court, lawyer or witness; 4. to be present during interrogation 5. to consult another experts or investigator; 6. to refuse from the examination in some cases; 7. to receive a compensation for expert service.

Expert Responsibility Refusal of the expert to perform his duties (a. 385 CC of Ukraine); Disclosure of information concerning inquiry (a. 387 CC of Ukraine); Knowingly false conclusion (a. 384 CC of Ukraine).

Kinds of forensic examination Previous (primary). Additional examination. Repeated examination. Commission examination. Complex.

Organizational structure of forensic service in Ukraine

Basic rules of forensic-medical autopsy. Any forensic autopsy (examination or investigation) must be conducted by the pathologist under the written permission (official order) of the investigator, inquest organs, procurator or law-court. Before the autopsy forensic pathologist must be informed about the dead person (its name, surname, age, home address, profession, previous diseases, complains, methods of treatment etc.) and circumstances of death. Inquest report consists such information usually. One expert as usual performs an autopsy. But in some complete cases (exhumation, fragmented corpse, finding of human remains etc.) an autopsy can be fulfilled by two and more experts. Forensic autopsy takes place in mortuary only and never in private room. An investigation (or examination) should be conducted in daililight as far as possible, because color changes in PML (post mortem lividity), bruises, etc., can not be appreciated in artificial light. But in immediate situations an artificial light can be used.. Investigator, procurator, medical students can visit the autopsy. Any strangers, relatives and unauthorized persons can not be present in mortuary. Forensic-medical expert or physician who makes an autopsy uses his own methods of the investigation and he is the main person in autopsy room. An investigator can not indicate to him how to do an autopsy. Forensic examination (investigation) of the body starts while eraly changes in the body appear: PML, rigidity, changes in the skin etc. Dissection is inadmissible if less then 30 minutes after death have elapsed. All wear on the decedent must be carefully examined and described by the expert because it is very important as forensic angle object and different traces or evidences can be observed in it. The autopsy must be complete, every inner organs and cavities must be examined.

Reasons of forensic autopsy. Forensic medical examination (investigation) is necessarily appointed by inquest bodies in following cases: Violent death or its suspicion. Sudden death. Unknown cause of death. Death in result of forbidden treatment methods by the person who has not the right to do it. Death in hospital: –If death is connected with violence or suspicion of it. –If the diagnosis is unascertained. –If there are complaints of the relatives on wrong actions of the medical personnel.

The scheme of the Report of Forensic Autopsy. I. General Data of the examination (are stated on the title) II. Research Part. III. Forensic medical diagnosis and forensic conclusion (full answers to investigator’s questions).

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