EVALUATION OF THE CONCLUSIONS OF FORENSIC MEDICAL EXAMINATIONS IN CRIMINAL CASES OF IATROGENIC CRIMES: OVERVIEW OF VIOLATIONS

Author(s): Makhtyuk S.O.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2025-1-77-83

Release: 2025-1 (45)

Pages: 77-83

Keywords: iatrogenic crimes, commission forensic medical examinations, medical violations, investigation of medical er- rors, evidence, evaluation of evidence, evaluation of expert opinions, violations in the investigation

Annotation: The presented article is devoted to the investigation of iatrogenic crimes (crimes caused by medical errors in the provision of medical care). The relevance of the stated topic is dictated by acute social sensitivity to medi- cal violations, the importance of the object of encroachment (human life and health), as well as the continuing difficulties in proving criminal cases in this category. The novelty of the author’s approach to the problem is not the proposal of theoretical recommendations, “how to investigate” criminal cases of the analyzed category, but the analysis of violations, on the basis of which specific application rules are formulated, “how NOT to” conduct an investigation. The aspect related to conducting commission forensic medical examinations of the quality of medical care provided is considered in detail. Typical violations of investigators in evaluating expert opinions have been identified. It has been revealed that these evidences are not always reasonably given priority. The judicial practice of the courts passing acquittals against medical workers in connection with the incompleteness or incorrect assessment of expert opinions is analyzed. Typical violations of investigators in assessing the expert opinions received have been identified. It has been re- vealed that these evidences are not always reasonably given priority. The article analyzes the judicial practice of courts passing acquittals against medical workers due to incomplete or incorrect assessment of expert opinions. This work can be used both in the investigative and judicial practice of investigation and consideration of criminal cases of iatrogenic crimes, and for the development of further theoretical provisions on the issue under study. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Makhtyuk S.O. EVALUATION OF THE CONCLUSIONS OF FORENSIC MEDICAL EXAMINATIONS IN CRIMINAL CASES OF IATROGENIC CRIMES: OVERVIEW OF VIOLATIONS // Journal of Legal Sciences. – 2025. – № 1 (45). – С. 77-83. doi: 10.21777/2587-9472-2025-1-77-83