Some Problems of Appointing Forensic Medical Examinations to Establish the Severity of Inflicted Harm to Health (Using the Example of Krasnoyarsk Regional Bureau of Forensic Examinations)

Abstract

The analysis orders and judgements of experts from the Department of Victims, Accused and Other Persons of Kransnoyarsk Regional Bureau of Forensic Examinations in 2017–2021 showed that investigators often wanted to know if certain bodily harm could have been sustained by the victim in a specific set of circumstances. In such cases the forensic doctors used the phrase “determining the possibility of bodily harm in certain circumstances is outside the competence of the forensic pathology doctor”, and in some situations they argued that no special knowledge was needed to answer the question. In our opinion, such questions are within the competence of a forensic doctor, but they are the subject of “situational examinations” (forensic crime scene reconstruction) according to clause 85.7. of the Order of the Ministry of Healthcare and Social Development of Russia of May 12, 2010 № 346н “On Approving the Procedure for the Organization and Execution of Forensic Examinations in State Institutions of Forensic Examinations of the Russian Federation.