Volume 04 Issue 01-2024
46
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article discusses theoretical and practical issues of organizing the interaction of an investigator with forensic
experts in the detection and investigation of crimes related to intentional bodily injury.
KEYWORDS
Investigator, forensic medical examination, intentional bodily harm, expert opinion, expert.
INTRODUCTION
In our republic, in order to ensure the priority of human
rights and interests, large-scale program activities are
being implemented. In particular, a large-scale judicial
and legal reform is being carried out, the powers of the
courts have been expanded, the powers of the
prosecutor's office have been revised, the institution
of inquiry has been reformed, and the status of the
institution of the legal profession has been raised.
During the preliminary investigation, the lack of
interaction with forensic experts affects the quality,
timing and final result of the crime investigation. It is
known that the concept of interaction includes the
exchange of necessary information in the process of
communication (procedural and non-procedura).
If the investigator provides the expert with
information available on the case, then the forensic
expert, before giving a conclusion, informs the
investigator, who does not have special knowledge in
Research Article
PROBLEMATIC ISSUES OF INTERACTION BETWEEN THE INVESTIGATOR
AND FORENSIC EXPERTS WHEN ORDERING EXAMINATIONS RELATED
TO THE INTENTIONAL INFLICTION OF BODILY HARM
Submission Date:
January 07, 2024,
Accepted Date:
January 12, 2024,
Published Date:
January 17, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-09
Yesimbetova Barno Yesengeldievna
Doctor of Philosophy Law (PhD), senior teacher of the Academy of the Ministry of Internal Affairs, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 01-2024
47
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the field of forensic medicine, about the nature and
volume of information necessary for the examination,
the procedure for asking questions to the expert,
answers which are within its competence.
Determining the severity of the harm caused to the
health of the victims is important for qualifying the
actions of the guilty person, since the Criminal Code
provides for a number of offenses, part of the objective
side of which is similar in structure and differs precisely
in the above-mentioned criteria. So the objective side
of the crimes provided for in Art. 104-111 of the Criminal
Code of the Republic of Uzbekistan consists of:
A) Socially dangerous act,
B) criminal consequences in the form of causing bodily
harm.
G) a causal connection between the act and the
specified criminal consequences.
At the same time, the qualification of the actions of the
guilty person depends precisely on the severity of the
harm caused to health and can only be determined
during a forensic medical examination.
The objective side of a number of other crimes
provided for by the criminal code also includes legal
consequences in the form of causing harm to health.
Fixing during a forensic medical examination the
presence of bodily injuries on the victim that did not
cause harm to health is important for proving the guilt
of the suspect (accused) in committing a crime using
physical violence.
However, forensic medical examinations are not
carried out in 100% of cases, although investigators
make decisions in each criminal case of crimes in which
physical violence was used against victims. Often, not
every victim, having the investigator’s order in hand,
reaches the forensic medical examination bureau for
examination by an expert, or they do this after a long
period of time.
However, forensic medical examinations are not
carried out in 100% of cases, although investigators
make decisions in each criminal case of crimes in which
physical violence was used against victims. Often, not
every victim, having the investigator’s order in hand,
reaches the forensic medical examination bureau for
examination by an expert, or they do this after a long
period of time.
Thus, when the victim did not go to medical institutions
and did not undergo a forensic medical examination in
a timely manner, it is not possible to establish and
record the presence of any bodily injuries after some
time. Thus, the evidentiary value of the “Expert
Conclusion” is lost.
In cases where the victim sought help from medical
institutions, the opportunity to give an opinion about
the injuries he had and the severity of the harm caused
to health after a certain time increases.
Investigative practice shows that, for the most part,
victims do not undergo a forensic medical examination
in respect of whom property crimes have been
committed (robberies, assaults), when the physical
injuries are minor (damage in the form of bruises,
abrasions, scratches, etc., that is, injuries , which did
not cause harm to health). For this category of victims,
the theft of property belonging to them is of great
importance, while recording the presence of bodily
injuries, which for them are insignificant, during a
forensic medical examination seems inappropriate.
On the contrary, while for crimes the object of which is
directly the health of the victim, such as crimes
provided for in Articles 104-111 of the Criminal Code of
the Republic of Uzbekistan, with the same degree of
Volume 04 Issue 01-2024
48
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
severity of the consequences of the use of physical
violence, almost all victims undergo a forensic medical
examination.
In addition, we identify groups of victims who are at
risk of evading a forensic medical examination. The
first category should include minor victims from
dysfunctional families, due to the lack of proper
control on the part of parents, the latter’s
inappropriate attitude towards raising their children.
The second category of victims who have not
undergone a forensic medical examination are persons
leading an antisocial lifestyle, as well as those who are
negatively disposed towards law enforcement
agencies and the results of their work.
In most cases, criminal cases for crimes against such
victims are initiated on the basis of a report on the
discovery of signs of a crime, when the victim is
delivered by external services to the police
department, or when they are delivered to medical
institutions.
Considering the reluctance of the victims themselves
to contact the law enforcement agency and further
cooperate with the investigator, we can conclude that
they are unwilling to waste time on undergoing an
examination.
The third category of victims should be noted as those
who, during the preliminary investigation, exaggerate
the severity of the violence used against them, or even
give false testimony about the fact of the use of
violence. It is simply not profitable for such victims to
undergo a forensic medical examination.
However, they receive a decision from the investigator
to order an examination, and subsequently find many
reasons why they could not undergo the examination
of the expert in a timely manner.
When investigating criminal cases involving crimes
involving the use of violence, investigators need to
take into account these characteristics of the victims.
In all cases, a forensic medical examination is ordered
by the investigator when the victim contacts the police
department and after his first interrogation.
At this stage, the investigator is faced with the task of
explaining to the victim the importance and
significance of timely completion of a forensic medical
examination.
Subsequently, it is necessary to control the appearance
of the victim at the forensic medical examination
bureau. In some cases, namely when the victim applies
to medical institutions, while he is undergoing
inpatient or outpatient treatment, as a result of a
criminal attack, one examination of the victim by an
expert is not enough to make a conclusion.
In such cases, it is necessary to provide experts with
medical documents, which are not always delivered in
a timely manner. Often, the investigator sends a
resolution to order a forensic medical examination and
the victim to the forensic medical examination bureau,
without any medical documents, although the
materials of the criminal case contain information
about the victim being treated, or about the delivery of
the victim to provide first aid at that time. or other
medical facility.
In this case, the investigator does not take any action
to interact with the expert who is conducting the
examination. And after a long time, he receives a
conclusion with the conclusion that it is impossible to
answer the questions posed to the expert without
providing certain medical documents. Only after this,
investigative and procedural actions are carried out
aimed at seizing and requesting medical documents,
and an additional forensic medical examination is
Volume 04 Issue 01-2024
49
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
46-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
appointed. This requires additional effort and time and
ultimately leads to violation of the deadlines for the
preliminary investigation.
In some cases, to resolve the questions raised by the
investigator, a re-examination is necessary. In cases
where the victim’s health condition does not allow the
expert to conduct a detailed examination and
description of the injuries, he notes the examination
data. Further research is carried out with the obligatory
study of medical documents and a re-examination of
the victim. Re-examination of victims is often
necessary
during
additional
forensic
medical
examinations to resolve questions about the possibility
of damage occurring in specific conditions.
When examining bodily injuries, importance is also
attached to investigative data related to the
circumstances of the occurrence of the injury.
Therefore, they should be reflected in the case
materials in as much detail as possible. In this case, it
seems ideal to return to the practice of involving an
expert in direct participation in investigative actions,
which has recently been almost never used by
investigators of internal affairs bodies.
Thus, forensic medical examination plays a significant
role in the process of proof in cases of harm to health
and bodily injury. And despite the fact that it is carried
out by a person with special knowledge, namely a
forensic medical expert, responsibility for the quality of
the examination also lies with the investigator.
The investigator must pay the same attention to
preparing for the examination as to preparing for any
investigative action, starting from studying the
materials of the criminal case and the identity of the
victim, and ending with the inclusion in the
investigation plan of measures that ensure timely and
high-quality conduct of the examination.
REFERENCES
1.
Decree of the President of the Republic of
Uzbekistan dated February 7, 2017 UP-
4947 “On
the strategy of action for the further development
of the Republic of Uzbekistan” // www.lex.uz
2.
Resheten, V.P. The importance of forensic medical
examination in assessing crimes related to attacks
on the life, health and sexual integrity of a person:
abstract. dis. ...cand. honey. Sciences. Resheten
Vladimir Pavlovich. -Izhevsk, 2000. -20s. -
Bibliographer
3.
Smirnov, SV. Forensic doctors of Udmurtia on the
state of expert activity and medical defects / S.V.
Smirnov, A.R. Pozdeev, V.I. Zhikhorev, T.R. Zakirov/
Problems of examination in medicine: Scientific
and practical journal. - 2004.-
№2.
- T.4.- P. 23-25.
4.
Tomilin, V.V. Guide to forensic medicine / V.V.
Tomilin et al., ed. V.V.Tomilin, Galashinyan. -M. :
Medicine, 2001. - pp. 559-560.
