FEATURES OF TACTICS OF EXAMINATION AND FORENSIC MEDICAL EXAMINATION IN INVESTIGATION OF RAPE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article is dedicated to clarifying the topical issue of criminalistics regarding features of tactics of examination and forensic medical examination in investigation of rape. These investigative actions are important for solving crimes in this category. So, the procedure of forensic medical examination is regulated by both Criminal Procedure Code and special legislation, while the question of examination remains open, because the legislation doesn’t contain the definition of examination, but only outlines general principles of its implementation. In the article an attempt is made to distinguish examination and forensic medical examination in cases of rape. The Criminal Procedure Code of Ukraine of 1960 had two types of examination: investigator’s and medical which differed by tasks, subjects, who held them, and documents which were made according to the results of proceedings, then there is no such differentiation in new Criminal Procedure Code of Ukraine. However, both medical examination and investigator’s examination are held in practice. Special medical knowledge is not needed for investigator’s examination, but special knowledge in the field of medicine is necessary for medical examination, because specific problems have to be solved. Examination and medical examination differ in content, because in the course of examination the presence (absence) of rape signs on the body of a certain person, special signs, signs of professional belonging are revealed. That is, examination only indicates the presence of the above mentioned facts, while expertise finds out their belonging to a certain person. In addition, for examination the investigator does not need to have special knowledge in contrast to expertise, which only the expert, a qualified specialist with necessary knowledge in a certain area, has the right to held. The common feature of forensic medical examination and examination is the possibility to implement them in a voluntary and compulsory order.
Authors and Affiliations
Р. Л. Кислюк, Р. Я. Ковальова
Keywords
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