scholarly journals About errors in the appointment of forensic medical examination in cases of crimes in the field of artificial human reproduction

2021 ◽  
pp. 151-154
Author(s):  
Ya. V. Komissarova
Keyword(s):  
Expert Opinion ◽  
Forensic Medicine ◽  
Medical Errors ◽  
Human Reproduction ◽  
Criminal Cases ◽  
Correct Position ◽  
Medical Expertise ◽  
Special Knowledge ◽  
Objective Side ◽  
Procedural Decisions

It is impossible to establish the circumstances to be proved in the investigation of crimes related to medical errors without the use of special knowledge in the fi eld of forensic medicine. For the designated category of criminal cases, the expert opinion plays a key role in understanding the signs of the objective side of the crime. Unfortunately, in theory and in practice, there is still no uniform understanding of a number of concepts that are important for the development of a legally correct position by the parties to the prosecution and defense. This leads to problems when making procedural decisions by the investigation and the court, provokes public outrage. The article emphasizes that the experts make procedural, epistemological and activity errors in the production of all types of examinations. In relation to forensic medical expertise in cases of crimes in the fi eld of artifi cial human reproduction, some common errors that arise at the stage of formulating questions submitted for the expert’s permission are indicated. This study was carried out with the fi nancial support of the RFBR within the framework of scientifi c project No. 18-29-14084.

scholarly journals Legal aspects of forensic medico-social expertise assignment

2020 ◽  
Vol 23 (2) ◽  
pp. 19-26
Author(s):  
Andrei Y. Paikov ◽  
Yulia B. Samoilova
Keyword(s):  
Legal Aspects ◽  
Legal Issues ◽  
Specialized Training ◽  
Business Organizations ◽  
Highly Qualified ◽  
Criminal Cases ◽  
Social Assessment ◽  
Medical Expertise ◽  
Special Knowledge ◽  
Comprehensive Study

The topic presented in the title of the article has been the matter of numerous studies. In spite of this, it remains relevant these days. This is because in practice there arise controversies related to the procedural issues of forensic medico-social expertise assignment and conducting. The authors have attempted to conduct a comprehensive study of the legal issues of the assignment and production of forensic socio-medical expertise, both in civil cases related to appeal against decisions of medico-social assessment services, and in criminal cases, in particular, with regard to fraud in receiving payments. The article analyzes the practice of appealing against decisions of medical and social assessment services. This practice reveals the lack of uniformity in the assignment of forensic medical and social expertise. Based on previous studies in this area, as well as the provisions of regulatory legal acts, the authors distinguish medico-social expertise from other types of medical and forensic examinations. Due to the limited space of the paper, not all relevant aspects on this issue are considered. The paper concentrates on the issues of determining the institution and persons who have special knowledge sufficient to produce medico-social expertise. The authors have developed recommendations on the assignment of forensic medico-social expertise, emphasizing that the production of medico-social expertise requires special knowledge and should be carried out by specialists who have received special training in the specialty of medical and social expertise. In this connection, the production of forensic medico-social expertise cannot be entrusted to forensic medical establishments and business organizations. The authors emphasize that such an expertise should be entrusted to highly qualified employees with specialized training in medical and social expertise and working for medical and social expertise services.

scholarly journals Applications of Metabolomics in Forensic Toxicology and Forensic Medicine

2021 ◽  
Vol 22 (6) ◽  
pp. 3010
Author(s):  
Michal Szeremeta ◽  
Karolina Pietrowska ◽  
Anna Niemcunowicz-Janica ◽  
Adam Kretowski ◽  
Michal Ciborowski
Keyword(s):  
Machine Learning ◽  
Multivariate Statistics ◽  
High Throughput ◽  
Forensic Medicine ◽  
Forensic Toxicology ◽  
Metabolic Changes ◽  
Untargeted Metabolomics ◽  
Criminal Cases ◽  
Statistical Approaches

Forensic toxicology and forensic medicine are unique among all other medical fields because of their essential legal impact, especially in civil and criminal cases. New high-throughput technologies, borrowed from chemistry and physics, have proven that metabolomics, the youngest of the “omics sciences”, could be one of the most powerful tools for monitoring changes in forensic disciplines. Metabolomics is a particular method that allows for the measurement of metabolic changes in a multicellular system using two different approaches: targeted and untargeted. Targeted studies are focused on a known number of defined metabolites. Untargeted metabolomics aims to capture all metabolites present in a sample. Different statistical approaches (e.g., uni- or multivariate statistics, machine learning) can be applied to extract useful and important information in both cases. This review aims to describe the role of metabolomics in forensic toxicology and in forensic medicine.

scholarly journals The age psychology of minors as a factor determining the features of the preliminary investigation of criminal cases involving them

2022 ◽  
pp. 116-128
Author(s):  
Nikolay Gorach ◽  
Juliana Galkina
Keyword(s):  
Juvenile Offenders ◽  
Necessary Conditions ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Educational Work ◽  
Legal Literature ◽  
Age Related ◽  
Number Of Factors ◽  
Human Psyche ◽  
Procedural Decisions

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them. The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority. The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case. The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them. Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses. The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.

Psychiatric Evaluation in Chinese Criminal Proceedings:A Legal Perspective

2021 ◽  
Vol 26 (1) ◽  
pp. 81-99
Author(s):  
Zhiyuan Guo
Keyword(s):  
Expert Opinion ◽  
Criminal Responsibility ◽  
Civil Law ◽  
Psychiatric Evaluation ◽  
Expert Witnesses ◽  
Criminal Cases ◽  
Criminal Trials ◽  
High Profile ◽  
Legal Perspective ◽  
Shed Light

Psychiatric evaluation is widely used in criminal cases to screen people with mental disorder because insanity can either exempt the offender from criminal responsibility or mitigate his/her criminal punishment. The operation of psychiatric evaluation in China used to carry a typical characteristic of civil law tradition, but recent reforms have strengthened the procedural safeguards for psychiatric evaluation and stressed the requirement of its presentation and examination in criminal trials. This article will explore how psychiatric evaluation is conducted, and how the expert opinion is presented and examined as evidence in criminal trials in China. Part I will give a historical overview of psychiatric evaluation in China's criminal cases. Part II will introduce the current legislation on psychiatric evaluation in China. Part III will explore problems with current legislation and practice. In this part, high-profile cases will be cited to illustrate loopholes in the psychiatric evaluation law and practical problems with the operation of evaluation. Potential solutions to these loopholes or problems will also be explored. Part IV will focus on the presentation and examination of psychiatrists’ expert opinion in criminal trials. Although expert witnesses are also required to testify before the court in China, very few of them take the stand in practice. This part will discuss why reforms kept failing and what should be done to bring expert witnesses to court. Psychiatrists are important expert witnesses; the discussion of live psychiatrists will shed light on the appearance of all the expert witnesses in Chinese criminal trials.

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

scholarly journals Possibilities for obtaining the length-measured images of skeleton using modern X-rays equipment

2018 ◽  
Vol 25 (3-4) ◽  
pp. 89-94
Author(s):  
A. A Artemiev ◽  
A. Yu Silin ◽  
A. N Ivashkin ◽  
B. I Maximov ◽  
A. A Shipulin ◽  
...  
Keyword(s):  
X Rays ◽  
Special Equipment ◽  
High Quality ◽  
Teaching Activities ◽  
Medical Expertise ◽  
Special Knowledge ◽  
Data Documentation ◽  
Examination Process ◽  
Different Parts

Modern traumatology and orthopaedics is inconceivable without high-quality X-rays diagnostics. In the recent years special equipment that enables to obtain the length-measured images of different parts of a human body was introduced into clinical practice. The details of examination process, i.e. the position of a patient, position of an extremity and many others require special knowledge and experience. The aim of the study is to optimize the possibilities for obtaining the length-measured images of the different parts of a skeleton using modern X-rays equipment. The peculiarities of the determination of segments’ axes and length in patients with lower extremity deformities and shortening are presented; the most typical mistakes are analyzed. The results of the study are of great importance for medical expertise as well as for data documentation in practical, scientific and teaching activities.

scholarly journals Forensic neurology - the role of a neurologist in a forensic medical assessment

2020 ◽  
Vol 148 (7-8) ◽  
pp. 509-513
Author(s):  
Nikola Vojvodic ◽  
Vesna Popovic ◽  
Ljubica Vojvodic ◽  
Ivan Mihaljev ◽  
Tatjana Atanasijevic
Keyword(s):  
Nervous System ◽  
Expert Opinion ◽  
Forensic Medicine ◽  
Neurological Diseases ◽  
Medical Assessment ◽  
Judicial Decisions ◽  
Processing Ability ◽  
System Functioning ◽  
The Law

Forensic neurology is tasked with assessing the consequences of injuries as applied to different situations that interface with the law based on the understanding of nervous system functioning and the mechanisms of neurological diseases. In this article, based on our own experiences, we have tried to highlight the areas of forensic medicine in which the findings and the expert opinion of a neurologist were not only important, but also crucial for making fair judicial decisions. Our intention was to encourage more efforts to establish and expand the role of neurologists in certain areas, foremostly the expertise of responsibility and accountability of a crime perpetrators, as well as determining their processing ability.

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