Topical issues of forensic medical examination in the investigation of war crimes

Abstract

The relevance of the study is conditioned by the importance of expert investigations into war crimes committed on the territory of Ukraine. Since many of these crimes result in the death or injury of victims, forensic examinations play a key role in investigations under the Criminal Procedure Code. The purpose of the study was to update the significance of the results of forensic medical examination in proceedings on war crimes, and to identify problematic aspects of the appointment of such an examination simultaneously with proposals for ways to overcome them. The methodological basis of the study was general scientific (dialectical, analysis, synthesis, induction and deduction) and special methods (system and structural, comparative legal, formal logical). It is established that modern capabilities of forensic medical examination contribute to achieving the goal of pre-trial investigation of military torts in limited conditions of forming a high-quality evidence base for such proceedings. However, the effective use of the potential of forensic medical examinations is hindered by a number of problems caused not only by the consequences of active military operations, but also by shortcomings in the legal regulation of this type of forensic examination, imperfect organisation of the structure and functioning of forensic medical institutions during the time of emergency. Possible ways to overcome the identified difficulties are proposed: reorganisation of the structure of forensic medical institutions, in particular, by establishing a department for forensic examination of corpses within a mobile military hospital with the involvement of specially trained forensic experts; simplification of the procedure for processing documents where the results of external examination of the corpse are recorded; updating the regulatory support for the activities of forensic doctors during martial law. The practical significance of the study lies in the fact that the conclusions obtained will help expand the understanding of pre-trial investigation officers of the possibilities of forensic medical examinations in the investigation of war crimes, and will also help identify the problems arising when appointing such examinations and suggest ways to solve them.