The article presents an analysis of the meanings of the corresponding definitions («the mechanism of an injury», «the specialized knowledge», «competence of forensic expert»), describes requirements of the existing criminal procedural legislation of Ukraine relating to the performing of examinations and procedural status of forensic expert, showing that that the forensic medical examiner without specialized knowledge, skills and training in the field of Biomechanics - one of the section of Biophysics, is not authorized, so he should not and has no procedural law right to give an expert opinion on the non-medical question of investigator (detective), prosecutor or the court about the mechanism of damage formation in the injured person.
The article deals with the searching of the ways to improve the forensic-medical examination of injuries to the face which cause irreparable consequences. The article reviews the current procedural and regulatory requirements for performing of such examinations, criteria of irreparable facial disfigurement, caused by trauma. It is proposed to grant the right to forensic-medical examiner (including a commision of experts) finally to estimate severity degree of injuries in cases of clear indubitable posttraumatic facial disfigurement. This is due to the fact that forensic-medical examiner has special medical knowledge in face anatomy and physiology, knows functions of its individual parts and also possessed of common to all mankind conception about disfigurement of organs and tissues.
The article summarizes the modern conception about physical pain that accompanies various acts of violence against a person. It is indicated that determining of the pain intensity at the present level of development of biomedical science is impossible. The article gives advices on the correct formation of results of forensic-medical examination in cases of infliction of physical pain to the person.
The current Criminal-Procedural Code of Ukraine in case of forensic-medical examinations of injuries requires to determining of their origin from the action of certain traumatic factors and that belongs to the direct responsibilities of forensic-medical examiner. Determining the circumstances of their formation, does not require any medical knowledge, and therefore does not belong to the competence of the expert. The examiner should not determine and is not obliged to determine the circumstances of injuries in case of falls from one’s own height, because the same injuries (identical morphology and localization) a person can get in different situations. Only the investigator and the court are able gather enough evidences for the conclusions about the circumstances of injuries in case of fall from his own height to the plane surface.
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