Concepts of Special Medical Knowledge Used during Homicide Investigations

Abstract

Understanding the event of a criminal offense, especially such a socially dangerous type as murder, requires the investigator to conduct a comprehensive, objective and complete study of all its circumstances. In order to achieve the specified task, investigators involve knowledge from various fields of science, technology, arts and crafts, which are used in criminal proceedings as special ones, in the pre-trial investigation. The purpose of the article is to provide a description of special medical knowledge that is involved in criminal proceedings during the investigation of murders, to form a theoretical basis for their use. Methodology. To achieve the goal, the work uses general scientific and special methods, in particular: methods of formal logic (analysis, synthesis), comparative legal and historical legal methods. Scientific novelty. It was established that special medical knowledge used in criminal proceedings should be understood as knowledge inherent in professional medical activity, which is applied by competent subjects in order to achieve the objectives of criminal proceedings. Special medical knowledge requires that the subject who applies it. had thorough and professional knowledge in the field of medicine, which is evidenced by the availability of appropriate education and the acquisition of work experience in the specialty. The most common types of involvement of specialist knowledge during homicide investigations are the participation of a medical specialist during the examination of the scene and the examination of the corpse. Also, a specialist in the field of medicine provides assistance to the investigator when drawing up a plan of investigative (search) action, during which special medical knowledge will be involved (examination, survey, exhumation of the corpse, presentation of the corpse for identification), advises the investigator on the optimal ways of checking the proposed versions, obtaining and securing new evidentiary information; the specialist participates in the joint definition of the applied means, methods, methods of activity. Conclusions. Forms of the use of special medical knowledge in criminal proceedings during the investigation of murders are singled out: the involvement of a specialist in the field of medicine in conducting investigative (search) actions; conducting forensic and other types of examinations; consultations with medical specialists in matters of medical science and practice; receiving written certificates from medical specialists on issues related to the investigation; use of departmental materials of the forensic medical examination bureau (examination reports, biological, chemical and other studies), as well as various medical documentation of polyclinics and hospitals for the purposes of proof; performance by medical specialists at the request of investigation bodies, the prosecutor and the court of research, inspections and provision of information, etc.

Keywords: criminal proceedings; special knowledge; specialist; forensic examination; consultation.