Open AccessOn the issue of defense lawyers challenging expert opinions in cases of iatrogenic offenses
Author(s) -
Ruslan Kalinin,
Е. Х. Баринов,
Я. В. Комиссарова
Publication year - 2021
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2020.75.11.148-157
Subject(s) - commission , work (physics) , engineering ethics , political science , law , engineering , mechanical engineering
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.