The main problems and diffi culties that arise when conducting Commission and complex forensic medical examinations in cases related to defects in the provision of medical care are considered. The authors note that there is a pluralism of views in science and practice regarding which institutions should conduct this type of expertise and what requirements should be met by members of expert commissions. The emphasis is placed on the fact that fi rst of all it is necessary to develop a unifi ed methodology for conducting expert examinations in this category of cases, which will be legally fixed and will become mandatory for all expert institutions. The need to comply with the existing rules for conducting expertise is emphasized. An example of an expert error made as a result of a violation of the existing procedure and methodology of expert work, which led to legal consequences in the form of charging a doctor without suffi cient evidence, in connection with which the court returned the criminal case to the prosecutor.
. The conclusion of the Commission of forensic medical examination plays a key role in revealing the signs of the objective side of iatrogenic crimes. The notion of the defect of medical care in the legislation is absent, and in theory and in practice has not developed a unified approach to establish causality and its nature (direct or indirect). Due to the lack of necessary legal regulation in expert and legal practice, a number of customs have been formed that do not meet the requirements for the formation of a scientifically based private forensic methodology for investigating crimes and the purpose of criminal proceedings. The article describes the most common errors that have a negative impact on the process of investigation and resolution of socalled “medical cases”, due to which there is either an excessive accusatory or clearly exculpatory bias, which prevents the adoption of fair and reasonable procedural decisions. Ways to improve the methods of investigation of iatrogenic crimes, including the organization of forensic medical examinations in this category of cases, are proposed.
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