Право і безпека (Sep 2021)
Appointment of forensic examinations during the investigation of violence against a law enforcement officer: problems and ways to solve
The aim of the study was to identify common mistakes made by investigators during the appointment of forensic examinations in criminal proceedings initiated in connection with the commission of violence against law enforcement officers, and possible ways to solve them. To achieve this goal, special research methods were used, namely: the method of system analysis, comparative legal method, system and structural and forecasting method, as well as statistical methods, including methods of grouping and analysis of quantitative indicators. It has been established that forensic examinations play an important role in the investigation of violence against law enforcement officers. It is determined that the subject of forensic examination of living persons (establishing the severity of injuries) is to determine a set of issues regarding the type of injuries, their number, nature and location, age and sequence of infliction, determining their severity etc. It is established that on average during the investigation of crimes of this category two examinations are appointed. On the basis of the performed analysis the possibilities of forensic medical examinations in criminal proceedings of the specified category are defined, and also the typical mistakes which investigators make at their appointment during investigation are identified. The scientific position is substantiated that the typical mistakes are: appointment of several examinations to address the same issues, incorrect definition of the type of examination, failure to provide sufficient medical data needed by the expert to address a number of issues, including criminal proceedings, late appointment of forensic examinations, incorrect posing questions to the expert. Recommendations for preventing certain mistakes are formulated. It is emphasized that the most effective ways to eliminate the typical mistakes of investigators are to provide systematic training with investigators with the participation of practicing forensic experts. It is proved that the solution of certain problems is possible only by making appropriate changes in the current criminal procedure legislation.