Legislative bases Legislative bases of forensic activity of forensic activity

in Ukrainein Ukraine

associate-prof. associate-prof. Valentyn V. FranchukValentyn V. Franchuk

Forensic medicine is the Forensic medicine is the subject concerned with the subject concerned with the application of medical and application of medical and

paramedical scientific paramedical scientific knowledge to certain knowledge to certain

branches of law, both civil branches of law, both civil and criminal.and criminal.

Prof. M.Bokarius – foundator of Ukrainian Prof. M.Bokarius – foundator of Ukrainian forensic medical scientific schoolforensic medical scientific school

The objects used for The objects used for medicolegal examinationmedicolegal examination

Dead bodies;Dead bodies; Alive persons (victims)Alive persons (victims) Case materials (medical documents, Case materials (medical documents,

forensic papers, investigator’s materials);forensic papers, investigator’s materials); Material evidences of biological origin.Material evidences of biological origin.

The The main taskmain task of the discipline is of the discipline is

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

Research methods used in Research methods used in forensic medicine:forensic medicine:

General (materialistic)General (materialistic) Morphological (autopsy, histological, Morphological (autopsy, histological,

cytological)cytological) Clinical (examination of victims)Clinical (examination of victims) Immunological (investigation of biological Immunological (investigation of biological

fluids)fluids) Medico-criminalistic (X-ray examination, Medico-criminalistic (X-ray examination,

stereomicroscopy, trassological, stereomicroscopy, trassological, inspection of scene of death etc.) inspection of scene of death etc.)

МЕТ HODS of the INVESTIGATIONSused in Forensic Medicine

1. .

2. Мо :

; ; ; .

3. .

4. І .

5. Ме - :

; ; ; ; ; ; .

6. — .

7. Е

General materialistic

rphological

autopsyhistologicalcytologicalmorphometric

Clinical examination of alive persons

mmunological (blood spots, semen, saliva etc.)

dico criminalistic

stereomicroscopiaphotographX-ray examinationspectroscopiatrasologicalidentity of traumatic instrument, personinspection of dead body at scene of death etc

Toxicological finding of poisons

xperimental modeling of vehicular accident, injuries, range of shot etc.

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According to Ukrainian According to Ukrainian legislation elegislation examination is xamination is assignedassigned when scientific, when scientific, technical or other kinds of technical or other kinds of

special knowledge are special knowledge are necessary for decision on necessary for decision on

certain investigation matters.certain investigation matters.

Forensic examinationForensic examination – – research by the expert on the research by the expert on the basis of special knowledge of basis of special knowledge of material objects, phenomena material objects, phenomena

and processes in which there is and processes in which there is an information about an information about

circumstances of the case.circumstances of the case.

Forensic medical examinationForensic medical examination - the kind of forensic - the kind of forensic

examination assigned for examination assigned for decision of special medical decision of special medical

questions which can occur in questions which can occur in practical activity of police practical activity of police

officers or court.officers or court.

Forensic examination Forensic examination is necessarily:is necessarily:

1. For determination 1. For determination of cause of death.of cause of death.

2. For determination 2. For determination of severity of injuriesof severity of injuries

3. For determination 3. For determination of psychiatric status of of psychiatric status of offenderoffender

4. For determination 4. For determination of sexual status of of sexual status of victimvictim

5. For determination 5. For determination of age.of age.

Every forensic expert Every forensic expert has own has own dutiesduties::

1.To arrive at the scene 1.To arrive at the scene of deathof death

2.To fulfill completed 2.To fulfill completed examinationexamination

3.To consult an 3.To consult an investigatorinvestigator

4. Don’t investigate an 4. Don’t investigate an object when an expert is object when an expert is a relative of victim or a relative of victim or offenderoffender

5.To keep an 5.To keep an investigators secret etc.investigators secret etc.

Expert Rights: Expert Rights: 1. to get acquainted with the 1. to get acquainted with the

case materials;case materials; 2. to declare a petition for 2. to declare a petition for

granting additional materials, granting additional materials, necessary for conclusion; necessary for conclusion;

3. to put the questions to 3. to put the questions to court, lawyer or witness;court, lawyer or witness;

4. to be present during 4. to be present during interrogationinterrogation

5. to consult another experts or 5. to consult another experts or investigator;investigator;

6. to refuse from the 6. to refuse from the examination in some cases;examination in some cases;

7. to receive a compensation 7. to receive a compensation for expert service.for expert service.

Expert ResponsibilityExpert Responsibility

Refusal of the expert to Refusal of the expert to perform his duties (a. perform his duties (a. 385 CC of Ukraine);385 CC of Ukraine);

Disclosure of Disclosure of information concerning information concerning inquiry (a. 387 CC of inquiry (a. 387 CC of Ukraine);Ukraine);

Knowingly false Knowingly false conclusion (a. 384 CC conclusion (a. 384 CC of Ukraine).of Ukraine).

Kinds of forensic examinationKinds of forensic examination

PreviousPrevious (primary). (primary). Additional Additional

examination.examination. RepeatedRepeated

examination.examination. Commission Commission

examination.examination. ComplexComplex..

Відповідальний за випуск доц. В .В .ФранчукКом п’ютерна верстка та дизайн О.І.Пухальська

Підписано до друку 29.04.2002Формат 60х84

Зам. № 0169

Тернопіль“Укрмедкнига”

2002

kK kKINDS of FORENSIC-MEDICAL

EXAMINATION

Kinds of medico-legal examination:Kinds of medico-legal examination: Individual –Individual – is performed only by one expert and it can is performed only by one expert and it can

be initial and additional;be initial and additional; InitialInitial – is fulfilled firstly;– is fulfilled firstly; AdditionalAdditional – is carried out in cases of incomplete initial – is carried out in cases of incomplete initial

examination, also with the appearance of new data of examination, also with the appearance of new data of preliminary investigation;preliminary investigation;

Repeated examination - Repeated examination - if the conclusions of the initial if the conclusions of the initial examination is inconsistent or doubtful (it is performed examination is inconsistent or doubtful (it is performed by another expert);by another expert);

CommissionCommission – takes place in difficult criminal cases with – takes place in difficult criminal cases with participation of several specialists in medical field (not participation of several specialists in medical field (not only forensic-medical experts but doctors of different only forensic-medical experts but doctors of different medical specialties can assist with the examination also);medical specialties can assist with the examination also);

ComplexComplex - is carried out with the participation of experts - is carried out with the participation of experts of different branches of knowledge (criminalists, of different branches of knowledge (criminalists, toxicologists, technicians etc.).toxicologists, technicians etc.).

Organizational structure Organizational structure of forensic service in Ukraineof forensic service in Ukraine

FM E of C rim ea R epublic

M unicipal FM E(K yiv, Sevastopo l)

Bureau Bureau

М unicipal FM E D istrict FM E

Вranch

D epartm ents

H isto logical

C ytological

В ranch

M PH of U kra inethe Main

Forensic-medical

expert

R egionalFM E

Іm m unological

Тоxicological

В ranches

Т hanatologic

Аm bulatory

Laboratory

Com m issionexam inations

Відповідальний за випуск доц. В.В.ФранчукКом п’ютерна верстка та дизайн О .І.Пухальська

П ідписано до друку 29.04.2002Формат 60х84

Зам. № 0171

Тернопіль“Укрмедкнига”

2002

Juridical principles of the regulation of Juridical principles of the regulation of forensic autopsy in Ukraine.forensic autopsy in Ukraine.

A dead body is the most difficult forensic-medical object, and its A dead body is the most difficult forensic-medical object, and its investigation is the most compound and important part of legal- medical investigation is the most compound and important part of legal- medical activity.activity.

During the forensic-medical investigation (examination) of a dead body, During the forensic-medical investigation (examination) of a dead body, the forensic pathologist must be guided by the definite articles of the forensic pathologist must be guided by the definite articles of Criminal Procedural Code (CPC) , «Instructions about performance of Criminal Procedural Code (CPC) , «Instructions about performance of forensic- medical investigation» (1995), «Rules of forensic- medical forensic- medical investigation» (1995), «Rules of forensic- medical autopsy in medico-legal bureaus» (1995) and other normative autopsy in medico-legal bureaus» (1995) and other normative documents.documents.

There is one type of forensic autopsies according to Ukrainian There is one type of forensic autopsies according to Ukrainian legislation: forensic examination a dead body.legislation: forensic examination a dead body.

Forensic- medical examinationForensic- medical examination is a forensic autopsy which is performed is a forensic autopsy which is performed by a doctor under the special resolution («decision») of an investigator by a doctor under the special resolution («decision») of an investigator or law-court. Performing the examination, the doctor, as a legal angle, is or law-court. Performing the examination, the doctor, as a legal angle, is called as «expert», and has the definite expert’s rights, duties and called as «expert», and has the definite expert’s rights, duties and responsibility (presented before). The results of such an autopsy must responsibility (presented before). The results of such an autopsy must be noted in the special document named «Expert conclusions» or be noted in the special document named «Expert conclusions» or «Testimony». As a rule, an investigator appoints an examination when a «Testimony». As a rule, an investigator appoints an examination when a crime has occurred (in cases of violent death).crime has occurred (in cases of violent death).

Basic rules of forensic-medical autopsy.Basic rules of forensic-medical autopsy. Any forensic autopsy (examination or investigation), must be conducted by a pathologist Any forensic autopsy (examination or investigation), must be conducted by a pathologist

under the written permission (official order) of an investigator, inquest organs, procurator under the written permission (official order) of an investigator, inquest organs, procurator or law-court. or law-court.

Before the autopsy, the forensic pathologist must be informed about the dead person (his Before the autopsy, the forensic pathologist must be informed about the dead person (his or her name, surname, age, home address, profession, previous diseases, complaints, or her name, surname, age, home address, profession, previous diseases, complaints, methods of treatment etc.) and circumstances of death. The inquest report usually methods of treatment etc.) and circumstances of death. The inquest report usually contains this information.contains this information.

Usually, one expert performs the autopsy; but in some complete cases (exhumation, Usually, one expert performs the autopsy; but in some complete cases (exhumation, fragmented corpse, finding of human remains etc.) an autopsy can be fulfilled by two or fragmented corpse, finding of human remains etc.) an autopsy can be fulfilled by two or more experts.more experts.

Forensic autopsy takes place in a mortuary only and never in a private room.Forensic autopsy takes place in a mortuary only and never in a private room. An investigation (or examination) should be conducted preferably in daylight if conditions An investigation (or examination) should be conducted preferably in daylight if conditions

permit, because color changes in PML (post mortem lividity), bruises, etc., can not be permit, because color changes in PML (post mortem lividity), bruises, etc., can not be appreciated in artificial light. But in immediate situations an artificial light may be used.appreciated in artificial light. But in immediate situations an artificial light may be used.

Investigator, procurator, medical students can attend the autopsy. Any strangers, relatives Investigator, procurator, medical students can attend the autopsy. Any strangers, relatives and unauthorized persons can not be present in mortuary.and unauthorized persons can not be present in mortuary.

Forensic-medical expert or physician who makes the autopsy uses his own methods of Forensic-medical expert or physician who makes the autopsy uses his own methods of investigation and he is the person charge of the autopsy room. An investigator cannot investigation and he is the person charge of the autopsy room. An investigator cannot dictate how to perform the autopsy.dictate how to perform the autopsy.

Forensic examination (investigation) of the body starts while early changes in the body Forensic examination (investigation) of the body starts while early changes in the body appear: PML, rigidity, changes in the skin etc. Dissection is inadmissible if less than 30 appear: PML, rigidity, changes in the skin etc. Dissection is inadmissible if less than 30 minutes have elapsed after death.minutes have elapsed after death.

All of the clothing on the decedent must be carefully examined and described by the All of the clothing on the decedent must be carefully examined and described by the expert, because it is very important as a forensic angle object and different traces of expert, because it is very important as a forensic angle object and different traces of evidence can be observed on it. evidence can be observed on it.

The autopsy must be complete, every inner organ and cavity must be examined.The autopsy must be complete, every inner organ and cavity must be examined.

Reasons of forensic autopsyReasons of forensic autopsy

Forensic medical examination (investigation) is necessarily Forensic medical examination (investigation) is necessarily appointed by inquest bodies in following cases:appointed by inquest bodies in following cases:

Violent death or its suspicion.Violent death or its suspicion. Sudden death.Sudden death. Unknown cause of death Unknown cause of death Death of unknown persons.Death of unknown persons. Death as a result of forbidden treatment methods by the Death as a result of forbidden treatment methods by the

person who does not have the right to do it.person who does not have the right to do it. Death in hospital:Death in hospital:

If death is connected with violence or suspicion of it.If death is connected with violence or suspicion of it. If the diagnosis is unascertained.If the diagnosis is unascertained. If there are complaints of the relatives on malpractice of If there are complaints of the relatives on malpractice of

the medical personnel.the medical personnel.

Requirements for forensic-Requirements for forensic-medical documentation.medical documentation.

«Expert’s conclusions» (Testimony) and «Report of forensic-medical «Expert’s conclusions» (Testimony) and «Report of forensic-medical investigation» are the basic forensic documents. As legal angle, all investigation» are the basic forensic documents. As legal angle, all of these forensic official papers have a great importance, that’s why of these forensic official papers have a great importance, that’s why they must be written by the expert very carefully, according to the they must be written by the expert very carefully, according to the following guidelines:following guidelines:

The style and language of these documents must be simple, without The style and language of these documents must be simple, without special medical terms. The documents must be clear and special medical terms. The documents must be clear and understandable in a court sitting.understandable in a court sitting.

The documents must be printed in at least two copies (for the The documents must be printed in at least two copies (for the investigator, for the archive of Forensic Bureau and for the personal investigator, for the archive of Forensic Bureau and for the personal archive of the expert).archive of the expert).

The text is written without paragraphs. The text is written without paragraphs. Any foreign or special terms should be explained Any foreign or special terms should be explained An expert signs the document two or three times (depending on the An expert signs the document two or three times (depending on the

kind of document – testimony or report), a stamp of the Bureau is kind of document – testimony or report), a stamp of the Bureau is placed in the end as well.placed in the end as well.

Basic rules of forensic-medical Basic rules of forensic-medical autopsy.autopsy.

Any forensic autopsy (examination or investigation) must be conducted by the pathologist 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 under the written permission (official order) of the investigator, inquest organs, procurator or law-court. law-court.

Before the autopsy forensic pathologist must be informed about the dead person (its name, Before the autopsy forensic pathologist must be informed about the dead person (its name, surname, age, home address, profession, previous diseases, complains, methods of surname, age, home address, profession, previous diseases, complains, methods of treatment etc.) and circumstances of death. Inquest report consists such information usually.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, 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 fragmented corpse, finding of human remains etc.) an autopsy can be fulfilled by two and more experts.more experts.

Forensic autopsy takes place in mortuary only and never in private room.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, 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 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..artificial light. But in immediate situations an artificial light can be used..

Investigator, procurator, medical students can visit the autopsy. Any strangers, relatives and Investigator, procurator, medical students can visit the autopsy. Any strangers, relatives and unauthorized persons can not be present in mortuary.unauthorized persons can not be present in mortuary.

Forensic-medical expert or physician who makes an autopsy uses his own methods of the 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 investigation and he is the main person in autopsy room. An investigator can not indicate to him how to do an autopsy.him how to do an autopsy.

Forensic examination (investigation) of the body starts while eraly changes in the body 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 appear: PML, rigidity, changes in the skin etc. Dissection is inadmissible if less then 30 minutes after death have elapsed.minutes after death have elapsed.

All wear on the decedent must be carefully examined and described by the expert because it 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 is very important as forensic angle object and different traces or evidences can be observed in it. in it.

The autopsy must be complete, every inner organs and cavities must be examined.The autopsy must be complete, every inner organs and cavities must be examined.

Reasons of forensic autopsy.Reasons of forensic autopsy.

Forensic medical examination (investigation) is Forensic medical examination (investigation) is necessarily appointed by inquest bodies in necessarily appointed by inquest bodies in following cases:following cases:

Violent death or its suspicion.Violent death or its suspicion. Sudden death.Sudden death. Unknown cause of death.Unknown cause of death. Death in result of forbidden treatment methods Death in result of forbidden treatment methods

by the person who has not the right to do it.by the person who has not the right to do it. Death in hospital:Death in hospital:

If death is connected with violence or suspicion of it.If death is connected with violence or suspicion of it. If the diagnosis is unascertained.If the diagnosis is unascertained. If there are complaints of the relatives on wrong If there are complaints of the relatives on wrong

actions of the medical personnel.actions of the medical personnel.

The scheme of the Report of The scheme of the Report of Forensic Autopsy.Forensic Autopsy.

I. General Data of the I. General Data of the examinationexamination (are (are stated on the title)stated on the title)

II. Research PartII. Research Part.. III. Forensic medical III. Forensic medical

diagnosis and diagnosis and forensic conclusionforensic conclusion (full answers to (full answers to investigator’s investigator’s questions).questions).

The scheme of the Report of Forensic The scheme of the Report of Forensic Autopsy.Autopsy.

There are 3 main compound partsThere are 3 main compound parts in the structure of the report: general data of the examination, in the structure of the report: general data of the examination, research part, medicolegal diagnosis and forensic conclusion (testimony).research part, medicolegal diagnosis and forensic conclusion (testimony).

I. General Data of the examinationI. General Data of the examination (is stated on the title): (is stated on the title): Date and hour of examination. Date and hour of examination. Conditions which are important for the examination – light (natural or artificial, temperature of air).Conditions which are important for the examination – light (natural or artificial, temperature of air). Reason of autopsy (direction or decision). Reason of autopsy (direction or decision). Place of examination. Place of examination. Name of the expert and his qualifying position.Name of the expert and his qualifying position. Full name and age of the decedent.Full name and age of the decedent. Persons who are present at the autopsy. Persons who are present at the autopsy. The list of the investigator’s questions.The list of the investigator’s questions. Circumstances of case and death.Circumstances of case and death. II. Research PartII. Research Part.. This includes the external and internal findings revealed during the autopsy. This includes the external and internal findings revealed during the autopsy.

They are: They are: external examinationexternal examination – description of the clothes and shoes worn by the decedent – description of the clothes and shoes worn by the decedent (type, color, degree of deterioration, contents of pockets, damage, dirtiness, blood stains etc); (type, color, degree of deterioration, contents of pockets, damage, dirtiness, blood stains etc); general data about the body (sex, age, length); Common conditions of the skin (color, elasticity, general data about the body (sex, age, length); Common conditions of the skin (color, elasticity, presence of blood stains or ground); Post-mortem phenomena (temperature of the body, post-presence of blood stains or ground); Post-mortem phenomena (temperature of the body, post-mortem lividity, cadaveric rigidity, late changes if present); after this, the body is examined very mortem lividity, cadaveric rigidity, late changes if present); after this, the body is examined very thoroughly up and down. The forensic pathologist continues his examination from the decedent’s thoroughly up and down. The forensic pathologist continues his examination from the decedent’s head and describes the hair, face, eyes, contents of oral cavity (teeth, lips, tongue). Then, the head and describes the hair, face, eyes, contents of oral cavity (teeth, lips, tongue). Then, the ears, neck, thorax, mammary glands, abdomen, genitals, back and extremities are investigated. ears, neck, thorax, mammary glands, abdomen, genitals, back and extremities are investigated. External investigation is accomplished with full description of external injuries. External investigation is accomplished with full description of external injuries. Internal Internal examinationexamination consists of medico-legal section of cranial, thoracic and abdominal cavities and consists of medico-legal section of cranial, thoracic and abdominal cavities and includes a complete investigation of all inner organs and their morphological properties and includes a complete investigation of all inner organs and their morphological properties and injuries.injuries.

This part of the report includes the results of laboratory research as well.This part of the report includes the results of laboratory research as well. III. Forensic medical diagnosis and forensic conclusionIII. Forensic medical diagnosis and forensic conclusion (complete answer to investigator’s (complete answer to investigator’s

questions).questions).

General Principles of forensic diagnosis General Principles of forensic diagnosis and forensic conclusion (testimony).and forensic conclusion (testimony).

Forensic medical diagnosisForensic medical diagnosis consists of the 3 main parts: consists of the 3 main parts: 1. Basic 1. Basic injury or diseaseinjury or disease, must be confirmed by the list of attributes. , must be confirmed by the list of attributes. 2. 2. ComplicationsComplications of the basic injury or disease causally connected with of the basic injury or disease causally connected with approach of death. approach of death. 3. Accompanying changes3. Accompanying changes, which aren’t , which aren’t connected with cause of death.connected with cause of death.

Forensic conclusion (testimony)Forensic conclusion (testimony) is the most important chapter of the is the most important chapter of the report. It is an expert opinion concerning the investigator’s or court’s report. It is an expert opinion concerning the investigator’s or court’s questions. Forensic testimony is a very important source of questions. Forensic testimony is a very important source of evidence in court sitting too; because it helps decide specific evidence in court sitting too; because it helps decide specific questions and ascertain the truth in the case being investigated. questions and ascertain the truth in the case being investigated. That’s why a forensic expert must make his conclusion carefully That’s why a forensic expert must make his conclusion carefully using modern scientific knowledge in forensic pathology. Common using modern scientific knowledge in forensic pathology. Common answers which must be given in the testimony are: cause of death, answers which must be given in the testimony are: cause of death, presence of injuries, mechanism of their infliction, instrument used, presence of injuries, mechanism of their infliction, instrument used, marks of violence upon the body, whether the observed injuries marks of violence upon the body, whether the observed injuries were caused before or after death, severity of the injuries, time of were caused before or after death, severity of the injuries, time of death etc. All of the expert’s answers must be completed as a death etc. All of the expert’s answers must be completed as a scientific angle and perfectly motivated.scientific angle and perfectly motivated.

Thank for your attention!Thank for your attention!