Medentsov A.A., Ruchkin V.A., Zakharya I.T. The Organizational and Tactical Aspects of Interaction of the Investigator with the Expert in the Arrangement and Production of a Forensic Medical Examination
DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.11
Andrey A. Medentsov, Candidate of Sciences (Medicine), Associate Professor, Head of Department of Forensic Medical Examination (Volgograd), Branch No. 2 of the Federal State Institution “111 Main State Center for Forensic Medical and Forensic Examinations” of the Ministry of Defense of the Russian Federation, Military Camp No. 1 “Red Barracks”, Rokossovskogo St, 117, 400087 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-4327-5074
Vitaly A. Ruchkin, Doctor of Sciences (Jurisprudence), Professor, Department of Forensic Expertise and Physical Materials Science, Volgograd State University, Bogdanova St, 32, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3891-146X
Ilyas T. Zakharya, Senior Lecturer, Department of Forensic Technology, Volgograd Academy of the Ministry of Internal Affairs of Russia, Istoricheskaya St, 130, 400089 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9396-9464
Introduction: the relevance of the research topic lies in the fact that the correct arrangement, as well as the use of the results of forensic medical examinations, opens up wide opportunities in solving a whole range of issues related not only to the resolution of specific cases, but also to the implementation of the tasks facing justice. The purpose of the study: to reveal the distinguishing characteristics and specific features of the interaction between the investigator and the expert in the arrangement and production of a forensic medical examination which could contribute to the resolution of issues in the investigation of crimes. The research objectives: to characterize the activities of the expert in conducting a forensic medical examination; to investigate the legal aspects of the interaction of the investigator with the expert in the arrangement and production of a forensic medical examination; to develop recommendations for improving the interaction between the investigator and the expert. Methods: the methodological framework for the paper consists of the dialectical as well as the specific scientific methods of cognition: comparative-legal, formal-logical, system approaches. Results: the direct focus on improving the work on the interaction of the investigator with the expert in the arrangement and production of a forensic medical examination in the investigation of crimes will allow us in a short time and in full, objectively conduct the expert research in the course of the investigation and crime solution. The organizational, tactical and methodological features of the interaction between the investigator and the expert in the arrangement and production of a forensic medical examination, including the time, place of arrangement and conduct of a forensic medical examination, the preparation of the necessary procedural documents, the tactics of interaction between the investigator and the expert, are revealed. The practical recommendations are given to improve the interaction between the investigator and the expert in the arrangement and production of a forensic medical examination. Conclusions: for the purpose of productive interaction between the investigator and the expert in the framework of criminal proceedings, the following is necessary: when arranging and conducting a forensic medical examination, there should be the closest contact between the investigator and the forensic expert, which should be of an indirect nature and be carried out in the form of performing their functional duties agreed upon for the purpose of the activity; the efficiency of a forensic medical examination depends primarily on the quality and completeness of the materials submitted, which the investigator must provide for the forensic expert; the investigator must familiarize the expert with the materials submitted for the forensic medical examination, agree on their completeness, and, if necessary, provide additional materials (at the request of the forensic expert; the investigator and the forensic expert must interact after the forensic medical examination; for more efficient interaction with the expert, the investigator must include in the crime investigation plan the activities with the participation of the forensic expert with their mandatory approval from the expert himself.
Key words: forensic medical examination, expert, investigator, criminal trial, evidence.
Citation. Medentsov A.A., Ruchkin V.A., Zakharya I.T. The Organizational and Tactical Aspects of Interaction of the Investigator with the Expert in the Arrangement and Production of a Forensic Medical Examination. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 2, pp. 82-89. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.11
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