Expertise in bodily injuries in criminal procedure.

نویسندگان

  • A Gutevska
  • Z Cakar
  • A Duma
  • V Poposka
چکیده

In the day-to-day practice of answering questions from the area of medicine today, there is a growing need for forensic medical expertise in bodily injuries in criminal procedure. Furthermore, when qualifying a bodily injury, the expert must possess knowledge and experience not only medical, but s/he must also be aware of the legal requirements and norms of the Code of Criminal Procedure and the Criminal Code of R. Macedonia. This will enable the expert to contribute to the explanation and clarification of certain facts and issues relating to the bodily injury. In this paper, by citing Articles 255 and 256 of the Code of Criminal Procedure, it is explained how an expert can be appropriately selected by the court. In addition to this, by citing Article 271 of the afore-mentioned Code, a way of analysing bodily injuries is defined; and finally, the definition of bodily injuries is explained through citing Articles 130 and 131 of the Criminal Code of R. Macedonia, relating to bodily injury and grave bodily injury. The aim of this paper is to outline the method of performing this forensic medical expertise, i.e. by whom and when can expertise in bodily injuries be sought and, moreover, what is the legal and ethical responsibility of the expert during the execution of the expertise. Additionally, the steps that the expert should follow when preparing a written statement and opinion on the type of the bodily injury are explained. More specifically, emphasis is placed on the expert's requirements after examination of the injured individual; after revision of the medical documentation during expert assessment of bodily injuries in the case of criminal subjects; and providing oral statements and opinions during the criminal procedure.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

بررسی جرم‌شناختی صدمات ناشی از تجهیزات پزشکی

One of the existing worries in health part is decreasing probability coefficient of bodily injuries from medical equipment. These injuries legally speaking are much important too. Because there are different disciplinary and criminal cases against actors and abettors of these injuries in disciplinary and judicial courts. Prevention of these crimes and torts also is one of the important goals of...

متن کامل

Criminal Aspects on Cryonics

Eternity is a human basic instinct so he does his best for it. Cryonics is a hypnotically way for life extension via cooling patient body with purpose of recovering and curing in future. This method raised various criminal problems which have roots in patient status of life or death. The author firstly believes that doing cryonic does not amount to death, murder or inflicting bodily harm; so pe...

متن کامل

Differential Pre-Trial for Accused Patients

The proportionality of penalties with the personality and characteristics of convicts is one of the basic principles of many criminal systems. Nowadays, the pay attention to this principle is important in criminal procedure rules. Considering this issue in preliminary investigations is very important in the rules of criminal procedure. Objectives such as summoning, catching, accusing, interroga...

متن کامل

Procedure Governing the Crimes of Legal Persons in the Preliminary Investigation Stage in Iranian and French Law

Article 143 of the Islamic Penal Code has anticipated criminal liability of legal persons. Since investigation of the crimes committed by these persons requires the existence of a criminal procedure relative to their nature, following the French law, the Code of Criminal Procedure has established rules by allocating a separate section. The specific provisions codified by the legislator in the C...

متن کامل

Validation and Validation of Testimony of Anonymous Instances in the Criminal Procedure Code of Iran and Statute of the International Criminal Court

One of the measures taken to protect witnesses in the Statute of the International Criminal Court and the Code of Judicial Procedure of our country is to keep their identities secret. Both the defendant is important and the defendant's right can not be ignored for the sake of witness testimony or the defendant's defense rights were endangered and threatened without regard to witness safety. Reg...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:
  • Prilozi

دوره 29 1  شماره 

صفحات  -

تاریخ انتشار 2008