Article 196. Mandatory appointment of a forensic examination


Art.
196 of the Code of Criminal Procedure of the Russian Federation provides for the mandatory appointment of an expert examination in criminal proceedings. This opportunity is used at various stages of the preliminary investigation. It can be an initiative of both investigators, interrogators, the court, and a potential culprit represented by his defense attorney. At the same time, it is always necessary to have certain circumstances that allow this event to be implemented as quickly as possible. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Kinds

The presence of exceptional circumstances specified in Article 196 of the Code of Criminal Procedure of the Russian Federation also implies the determination of specific types of research conducted.
Taking into account all the grounds, the list of options varies from forensic and medical to psychological and psychiatric. In addition to the specific version of measures, determined by the nature of the facts being revealed, their types are also provided, which may differ in their composition:

  1. Commission. This option would mean that several specialists and consultants who cover one area of ​​activity take part. In such work, the opinions of experts may not always coincide. If there are disagreements, then the specialist who disagrees with the result gives his opinion. Some options, such as psychological testing, can only be carried out by a commission of two or more people. This option is also regulated by the Code of Criminal Procedure of the Russian Federation in Article 200.
  2. Comprehensive. The participation of experts from various fields is expected here. The conclusion will contain a reference to the work of each of them. The most striking example is the psychological and psychiatric option, where it is necessary to involve different specialists. In addition, complex activities may involve two implementation options. The first, when one object is studied by all specialists, independently of each other, and the second, when it is first examined by the first, then by the second, and so on until the last participant in the process. Moreover, the next expert must rely on the results of the previous one.

The definition of one of these options also depends on who initiates the investigative action. Exceptions are cases involving a specific type.

Various additional activities aimed at the object of study may also be mandatory. They are possible if there are not fully disclosed issues in the case.

It is allowed to carry out repeated work to study the object. It is necessary if there are doubts about the previously obtained conclusion. To carry it out, a previously uninvolved specialist is brought in, while during additional checks the work is continued by the same person who started it.

The choice of the type of research is made by the person who requires it to be carried out, namely the investigator, inquiry officer or court, taking into account the circumstances of the case.

Obtaining samples for comparative research

Article 202 of the Criminal Code of the Russian Federation talks about the concept, essence and procedure for obtaining samples for comparative research. The general provisions that can be extracted from this document are as follows:

  • the investigator can obtain samples exclusively through legal means, in accordance with Articles 144, 166 and 167 of this Code,
  • when obtaining samples, methods that may be dangerous to human health and life should not be used,
  • an appropriate resolution must be drawn up regarding the fact that samples have been received.

Note! If samples are needed for forensic medical examination, they are received directly by the expert, which is recorded in the conclusion.

Comments on Article 195 of the Code of Criminal Procedure

According to the Code of Criminal Procedure, the commission of a forensic examination, which requires the presence of the accused, is significantly different from the examination of inanimate objects. If a medical examination of a living person who needs medical or psychiatric care is necessary, there must be a court decision. Ordinary examinations do not require a judge's decision; a ruling from the investigator is sufficient.

The judge cannot make an appropriate decision on his own initiative; there must be a petition from the investigator or prosecutor. In the petition, the investigator must justify the reasons for ordering the examination, indicate the selected expert, as well as the questions that the specialist must answer. In general, a petition to the court resembles the resolution itself, only to begin the procedure the judge’s approval must be obtained.

The investigator is obliged to familiarize all participants in the process, including the victim and the accused, with the prepared petition. Further, the investigator is obliged to explain the rights and obligations of the participants in the process, which are described in Article 198 of the Code of Criminal Procedure. To conduct an examination of a victim, the consent of not only the judge, but also the victim himself or his legal defender is required.

When there is no information about a person’s age or mental state of health, which raises certain doubts, the permission of the legal defender and the victim himself is not required.

Subjects

A mandatory examination can be ordered only by some participants in the preliminary investigation. First of all, these are investigators and investigators who are directly involved in solving crimes and examining evidence. However, both the defendant’s defense lawyer and even the victim, if the circumstances of the case so require, can file a petition for an inspection.

The procedure for commissioning studies gives participants in the investigation certain rights. The investigator cannot deny access to information about the event and its results to the accused and his defense attorney.

They also have the following capabilities:

  • study the resolution;
  • challenge or appoint an examination from another expert in case of uncertainty about the result obtained;
  • apply for the involvement of specific experts in the study;
  • state additional questions that should be included in the materials for verification and posed to experts;
  • be present during the inspection and provide explanations during the inspection, if the investigator agrees to this;
  • get acquainted with the research protocol, the original conclusion, as well as interrogations of experts.

These subjects act as full participants in the process under consideration.

The appointment of an investigative action must always be formalized by the appropriate document - a resolution from the investigation or a petition from the suspect or victim.

In addition, subjects such as witnesses and victims also take part in the investigation. When the investigative action in question is carried out against them, they also have the right to study its results and become familiar with the research protocols. The investigator cannot restrict the victim’s access to the case materials, in particular, to decisions on the appointment of examinations and their results.

What does judicial practice show under this article?

In judicial practice, dozens of examinations are used, which make it possible to convict a person guilty of a crime and acquit an innocent person. An example of the effectiveness of the examination would be the situation with the murder of a person. Footprints and pieces of fabric caught on tree branches were found at the scene. The investigator issued a resolution to conduct two examinations.

One of them, forensic, made it possible to clearly determine the shoe print, its size and estimated weight, and the height of the person who left it. The examination of the fibers made it possible to establish that the fabric particles belonged to a specific product, to establish the method of its manufacture, and also to find out the causes and nature of damage to the original product that could have remained with the criminal.

The study made it possible to establish that at the scene of the crime there was a tall, obese man, since the size of the leg was large and had a strong imprint, which remains only when a person is of large build. In addition, one mark was harder than the other, indicating that the suspect was limping. There weren’t many lame people around the deceased man; the evidence immediately pointed to his brother. A torn jacket was found in the lame brother's home, pieces of which were found at the scene. The man was charged and prosecuted under Article 105 of the Criminal Code of the Russian Federation.

What decisions are most often made under Article 195 of the Code of Criminal Procedure?

The procedure for appointing an examination is regulated by the Code of Criminal Procedure of the Russian Federation; the legislator himself decides which type of examination is necessary depending on the category of the case and the trial.

Based on the nature of forensic examination, research is divided into the following types:

  • primary – carried out for the first time;
  • additional – carried out if there is a need to examine additional materials;
  • repeated – carried out if doubts remain after the initial examination;
  • commission - made by a group of experts with expert qualifications in one field;
  • comprehensive - carried out using persons with knowledge in various fields.

Each study has its own characteristics and is prescribed under certain circumstances. The examination carried out can be considered evidence if it is carried out clearly within the specified period, meets the requirements of the production or the established procedure for implementation

In other cases, the results of the research obtained will not be taken into account, even if they contain irrefutable facts.

If the examination was carried out at the written request of one of the parties, it will be considered evidence only after examination by the court and inclusion in the case materials as part of the proceedings.

Circumstances that may cause the examination to be invalid

The results of the examination are documented in a special protocol. This protocol must contain mandatory points regarding which particular object was studied, the date and time of the experiment, the questions posed to the specialist and the answers to them. It is also necessary to indicate the expert’s personal data and range of specialization. If the protocol is not drawn up correctly, the court will not take into account the expert assessment.

The examination will also be declared invalid if the expert went beyond the limits of his competence, took the initiative in an improper procedural form, independently collected materials for research (they must be provided by the investigator), drew conclusions based on the case materials and not the research, and was in constant contact with interested parties. . All this suggests that the expert did not behave as the Criminal Procedure Code told him to; accordingly, he will be excommunicated from the investigation and a re-examination will be carried out.

During the rapid development of technical and innovative processes, the activities of experts have become incredibly popular and are used much more often than in Soviet times. Methods for investigating crimes are becoming more and more diverse, but the effectiveness of new methods cannot be denied. Expertise has become a vital component of successfully solving criminal cases; sometimes they can even save a person from imprisonment (if declared insane) and acquit a person against whom serious evidence has been collected.

Rules of forensic medical examination

Each specific method of forensic medical examination in criminal proceedings has its own procedure and rules. In most cases, the following regulated algorithm of actions can be distinguished:

  1. Study of submitted documents.
  2. Drawing up an implementation plan.
  3. Visual inspection.
  4. Internal research.
  5. If necessary, collecting biological material for additional tests.
  6. Filling out an expert protocol based on research results.
  7. Preparation of a forensic medical report.
  8. In some cases, sending requests for additional materials.
  9. Conducting research into additional evidence provided.
  10. Entering the final assessment into the research portion of the documents.
  11. Drawing up conclusions and expert opinions.

In different situations, this scheme changes, is supplemented or clarified in accordance with the characteristics of each SME.

Arbitrage practice

Returning to paragraph 3 of Article 195 of the Code, according to which the duty of the investigator who made the decision to conduct an examination is to familiarize the interested parties with the decision, the principle of fairness, equality of the parties to the process and the possibility of exercising the following rights are laid down:

  • get acquainted with the contents of the resolution on conducting an expert study;
  • apply for research activities to be carried out by another expert institute or for the appointment of another expert;
  • declare the implementation of expert actions by specified specialists or a special expert institute;
  • ask for the formulation of additional questions for study by a specialist;
  • with the permission of the investigation, be present during the implementation of research activities;
  • if necessary, answer questions from the specialist conducting the research;
  • get acquainted with the results of the research (answers to the questions posed, a statement about the impossibility of presenting it, the interrogation protocol).

Practice shows that in many cases the investigation familiarizes interested parties with the decision to carry out expert actions not when they are appointed, but after they are carried out.

This procedure deprives interested parties of exercising their right to defense. When documenting this violation, the courts, by the overwhelming majority, take this fact into account, both in accordance with the Code of Criminal Procedure and the Civil Procedure Code (CPC).

A non-personalized appointment does not make it possible to exercise the right to challenge a specialist or suspend his work on the grounds of Art. 198 Code of Criminal Procedure:

  • reasons secured by the provisions of Art. 61 Code of Criminal Procedure;
  • identified circumstances of being in official or other dependence on the parties to the case;
  • in the absence of sufficient competence to conduct research.

The content of paragraph 2 of Article 195 allows the investigator to indicate in the announcement of the decision either the full name of the expert expert or the name of the institute, to an equal degree.

The situation causes certain difficulties in exercising the right of interested parties to disqualify a specialist if the investigation indicated only the institute conducting the research.

An analysis of judicial practice indicates that strict adherence to procedural norms provides an opportunity for all participants in the process to exercise the rights of prosecution and defense enshrined in law, reduces the time of court proceedings and entails the inevitability of punishment for those who have committed criminal acts.

At the same time, competence criteria have been defined only for specialists from expert institutions, such as:

  • compulsory specialized higher education;
  • advanced training in a specific specialization;
  • carrying out certification for the possibility of individual research for a five-year period, with subsequent re-certification.

But in relation to the specialists involved, there are no such evaluation criteria. In this regard, there are often cases when the assessment of materials and circumstances of a crime was entrusted to persons who did not have sufficient competence, and repeated examinations took years.

Nuances

Acts of medical examination of the victim, interrogation of an expert at a meeting without the appointment of a forensic medical examination are not equivalent to the conclusion of a specialist. An examination procedure to establish the mental state of persons in cases where there is doubt about their sanity/ability to provide independent protection of their interests and rights should be prescribed even when the materials contain a copy of an act of a similar investigative action performed in a different proceeding, but in relation to this subject.

Article 283. Forensic examination

Published 02/07/2011

1. At the request of the parties or on its own initiative, the court may order a forensic examination.

2. If a forensic examination is ordered, the presiding officer invites the parties to submit written questions to the expert. The questions raised must be announced and the opinions of the participants in the trial heard on them. Having considered these questions, the court, by its ruling or ruling, rejects those that do not relate to the criminal case or the expert’s competence and formulates new questions.

3. A forensic examination is carried out in the manner established by Chapter 27 of this Code.

4. The court, at the request of the parties or on its own initiative, orders a repeat or additional forensic examination if there are contradictions between the expert opinions that cannot be overcome in court proceedings by questioning experts.

Commentary on Article 283

1. Forensic examination is a study of objects presented to them that are significant for the case, carried out on behalf of the court by knowledgeable persons on the basis of special knowledge, followed by issuing an opinion in the prescribed form.

2. Special knowledge should be understood as knowledge that is not accessible to the whole society, but only to a limited circle of specialists - knowledge that is not generally known, not publicly available, and not widely distributed.

3. The expert acts only on instructions from the court and examines only those objects that were provided to him by the court. The expert does not have the right to independently collect evidence.

4. The expert establishes facts that can be revealed: a) in already collected evidentiary material (with the exception of the examination of living persons); b) through research of this material; c) on the basis and within the limits of special knowledge that the expert has.

5. The examination consists of three main stages: the appointment of an examination by the court; its production by an expert; giving them an opinion (notification that it is impossible to give an opinion).

6. For the recusal of an expert, see commentary. to Art. 70.

7. If a person summoned to court to carry out an examination was not appointed as an expert during the preliminary investigation, then he acquires the status of an expert only after the court makes an appropriate decision and fulfills the requirements of Art. 195 Code of Criminal Procedure.

8. The expert has the right to participate in the study of the circumstances of the case related to the subject of the examination, i.e. ask questions to the defendant, victim, witness, examine physical evidence, etc.

9. The parties have the right to submit to the court issues that, in their opinion, require expert resolution. The court finally formulates the questions and submits them to the expert for resolution.

10. On the conduct of the examination, see commentary. to Art. 195.

11. Depending on the duration of the examination, the court may announce a break for this time or continue the judicial investigation.

12. The court has the right to limit the presence of an expert at a judicial investigation to the time necessary to examine the expert opinion.

13. An expert has the right to conduct an examination outside the court.

14. An examination in court, regardless of whether a similar examination was carried out during the preliminary investigation, is always primary.

15. An additional examination is appointed if the initial expert’s conclusion is insufficiently clear or complete.

16. Conducting an additional examination may be entrusted to the expert who gave the initial conclusion.

17. A repeat examination is ordered if the expert’s conclusion is unfounded or there are doubts about its correctness.

18. The re-examination must be entrusted to the expert who did not conduct the initial examination.

19. The difference between additional and re-examination is that in the first case, issues that were not previously resolved are resolved, in the second case, issues that have already been the subject of expert research are put to resolution.

20. If there are conflicting expert conclusions, the court is given the right, at its discretion, to accept one of the examinations, and this must be done reasonably and motivated. The basis for accepting one or another expert opinion is the full justification of the conclusions and their consistency with the circumstances and evidence collected in the case.

21

When assessing an expert’s conclusion, attention is paid to the expert’s qualifications, work experience in his specialty, and whether he has a certificate giving him the right to conduct an examination.

22. On the production of commission and comprehensive examination, see commentary. to Art. Art. 200, 201.

Article 200 of the Code of Criminal Procedure of the Russian Federation. Commission forensic examination

  1. A commission forensic examination is carried out by at least two experts of the same specialty. The commission nature of the examination is determined by the investigator or the head of the expert institution entrusted with the conduct of the forensic examination.
  2. If, based on the results of the research, the opinions of experts on the questions raised coincide, then they draw up a single conclusion. In case of disagreement, each of the experts who participated in the forensic examination gives a separate opinion on the issues that caused the disagreement.

The following commentary to Article 207 of the Code of Criminal Procedure of the Russian Federation

If you have questions regarding Art. 207 Code of Criminal Procedure, you can get legal advice.

1. The basis for ordering an additional examination is insufficient clarity or completeness of the previously given conclusion. This may be the result of the fact that the expert has narrowed the scope of the task or that some issues relevant to the case were not brought to him in a timely manner.

2. The main difference between an additional examination and a repeat examination is that during it, issues that have not previously been resolved are examined. The resolved questions are not questioned and the conclusions given by the expert are not rechecked. Therefore, its implementation can be entrusted to the same expert(s).

3. If questions that arise regarding this conclusion do not require research, then they are resolved by questioning the expert.

4. The basis for ordering a re-examination is doubts about the correctness or validity of the previously given conclusion. Thus, during the re-examination, the same issues are resolved anew as during the initial examination, since the expert’s conclusions raise doubts on the merits. Therefore, a re-examination can only be carried out by another expert.

5. The validity of an expert’s conclusion may raise doubts if the expert’s conclusions do not follow from the research conducted, if the research conducted is incomplete, when the methodology used by the expert is not reliable enough, when the conclusion contradicts other evidence collected in the case, when it is disputed by one of the participants in the process.

6. The investigator (court) has the right to accept or reject any of the contradictory conclusions or order another re-examination.

7. The procedural procedure for conducting additional and repeated examinations is the same as for the primary examination.

Specifics of the procedure

In practice, an examination aimed at establishing the mental state is carried out in relation to all persons accused/suspected of serious acts against the person. An appropriate order (resolution) is issued regarding the appointment of the procedure. Typically, the first stage is an outpatient study. If it is impossible to give an opinion upon completion and if the investigator, court, or interrogating officer disagrees with the specialist’s conclusions, an inpatient examination is ordered. If the information obtained during its conduct is insufficient, an additional examination is assigned. It can be entrusted to the same or another specialist.

Another commentary on Article 196 of the Criminal Procedure Code of the Russian Federation

1. Many years of investigative practice have identified situations where further progress of a criminal case and its resolution are, in principle, impossible without expert research in a certain area of ​​special knowledge. These situations are listed in the commented article. Failure to comply with its requirements means a significant violation of the criminal procedure law, entailing the cancellation of the verdict.

2. Technical examinations are also carried out without fail in practice - in cases of violation of traffic rules and operation of motor vehicles; forensic – in cases of rape, infection with sexually transmitted diseases, as well as in cases related to firearms, non-standard ammunition and explosive devices, narcotic substances, etc.

Documents regulating the work of forensic medical examination

Forensic medical examination under the Code of Criminal Procedure of the Russian Federation is carried out in accordance with the provisions of the Criminal Code, Civil Code and Code of Civil Procedure of the Russian Federation. The basis is laid by the procedural foundations of a forensic medical examination, basic laws in the field of public health, orders of the Ministry, as well as the procedure for conducting it, which is established separately. It covers all aspects of examination of a methodological, special and organizational nature:

  • instructions for organization and implementation,
  • rules for determining the severity of harm caused to the body,
  • procedure for examining a corpse,
  • instructions for SMEs for material and material evidence base,
  • rules for conducting obstetric and gynecological examinations,
  • SMEs in forensic and forensic chemical laboratories of the bureau.

Additional Information! Each of the documents, before entering into legal force, was approved at the official level by the Ministries of Internal Affairs and Justice, the Supreme Court and the Prosecutor General's Office of Russia.

Appointment procedure

The investigator, having made a decision and checked the conditions in accordance with the Code of Criminal Procedure of the Russian Federation, must draw up a resolution that will indicate the need for a mandatory examination. Without procedural registration, the results of the study will not be considered valid and will not be able to act as evidence in the case. The main step in ordering a study is drawing up a resolution.

Without this document, it will be impossible to begin the examination, so it must contain all the necessary information:

  • the reasons why the decision was made;
  • surname, first name and patronymic of the specific expert to whom the resolution is sent or the name of the institution in which the specialist will be independently determined to work;
  • questions that should be posed to the expert, but not beyond the scope of his specialization;
  • if necessary, a brief description of the person in respect of whom the event is being carried out;
  • materials provided to the expert for research.

The text of the resolution must be drawn up in Russian, in two copies. Persons in respect of whom research is prescribed must read the document and sign the appropriate protocol.

The examination can only be carried out by a government agency. The work of private organizations is permitted only with appropriate permission and confirmation of the qualifications of specialists.

The procedure for mandatory research is no different from other options for conducting examinations. The only difference is urgency, since the conditions of Art. 196 of the Code of Criminal Procedure of the Russian Federation provides for extreme cases in which it is necessary to establish the facts for further investigation in the shortest possible period of time.

If there are exceptional grounds for Article 29 of the Code of Criminal Procedure of the Russian Federation, the investigator is obliged to obtain a court ruling by sending a petition to appoint and conduct an appropriate examination.

Thus, the article 196 under consideration of the Code of Criminal Procedure of the Russian Federation presupposes, due to the presence of a number of grounds, the appointment of an examination, the conduct of which will be a mandatory measure. This rule thereby helps to timely identify the circumstances necessary for the case and determine the further direction of investigative work.

Explanations

The case file may contain documents that reflect the results of research conducted earlier. If they were carried out outside of criminal proceedings and, therefore, without warning the specialist about liability under Article 307, the obligation to order an examination from the court and the preliminary investigation authorities is not removed. Acts, certificates and other documents recording the results of departmental or other examinations received at the request of these structures are not considered as expert opinions and are not grounds for refusing to carry out the procedure.

Thus, in the materials of a case of damage to health, as a result of which the victim died, there must be a report from a forensic medical expert on the severity, nature, and mechanism of formation of this harm. This document cannot replace the conclusion of an examination of the corpse of the deceased, drawn up in accordance with the provisions of the procedural code.

Reasons

The current Criminal Procedure Code of the Russian Federation establishes Art. 196, which allows investigators and interrogators to conduct a mandatory examination, without additional grounds. However, such actions have their limitations. Not every criminal case requires these procedural actions.

The norm in question has been in effect since 2013. New changes were not adopted, since the list of grounds proposed by the legislator is considered exhaustive, and the commentary to the article fully discloses the provisions of the article, which helps to avoid conflicts in the process of investigation and legal proceedings.

This investigative action is carried out only if the necessary fact cannot be identified without special knowledge.

The event in question will be scheduled under the following circumstances:

  1. Finding out why death occurred. These circumstances play an important role in solving cases involving the death of a person. It is necessary to establish the possible reasons why a person lost his life. This helps determine whether he was assaulted by another person or whether the death was caused by natural causes.
  2. Determining the severity of the harm that was caused to the victim’s health. In this case, it is important that the examining doctor does not provide medical assistance to the victim previously. The specialist must be independent. The degree of harm must be established to qualify the act, since different options are possible: light, medium, severe harm, as well as its absence and the presence of only traces of beatings.
  3. Mental state assessment. This basis applies when there is uncertainty about a person’s sanity. Here it is important to establish that he could control himself and be aware of what he was doing, otherwise it would be impossible to attract the person.
  4. Establishing the mental state of a person who has reached eighteen years of age and committed an act of a sexual nature and with the use of violence against a person from fourteen to eighteen years of age. The main thing here is to establish the presence or absence of a disorder in a person’s sexual preferences, that is, the fact of pedophilia.
  5. Determining the condition of a person if there is a suspicion that he is suffering from drug addiction.
  6. Assessment of a person's condition due to a possible inability to correctly perceive investigative measures and give evidence.
  7. Establishing age. This is only necessary if there are no documents defining this fact. Having an accurate indication of age affects the ability to hold a person accountable.

If actions are directed at a victim or witness, then their consent is required. Exceptions are the provisions specified in paragraphs 2,4 and 5 of the article in question.

The above list is general. It is comprehensively reflected only in the norm of law, but in practice other situations are allowed that require the implementation of these actions. A decision can be made about them in the event of fires, explosions, seizures of drugs or counterfeit banknotes, and so on.

Comments on Article 196 of the Code of Criminal Procedure

If one of the participants in the process does not have documents or it is impossible to obtain information about his age through investigative actions, a forensic examination is ordered to determine his age. A similar study may also be prescribed if documents are present, but they raise doubts. To solve the problem, a comprehensive medical examination is prescribed, which includes both a physical and psychological examination of the person. If during the examination it is determined that the subject is lagging behind in mental development, various branches of psychiatry and psychology will be involved.

When deciding the cause of death and the nature of the harm, the expert should not rule out suicide, violent death, accident, self-defense and fighting. However, based on the facts obtained during the investigation, the expert can, without intruding into the sphere of law, establish whether the nature of the physical injuries corresponds or does not correspond to the circumstances of the event described by the investigator. The presence of expert data allows you to exclude some options, for example, suicide, and give the investigator a direction for the investigation.

The expert’s competence does not include determining death with particular cruelty or causing death by generally dangerous means. These facts are established by the investigator based on the collected evidence. An expert can only establish the fact that death was caused using a deliberately painful series of weapons, for example, poison.

There are a number of situations when the accused cannot defend himself due to physical or mental disabilities. To confirm this fact, a study is prescribed. If the suspect already has a diagnosis, experts study the history of the pathology, medical certificates and his mental state.

When doubts arise about the subject's sanity, a psychiatric examination is ordered. Reasons for doubts about sanity may include evidence of mental illness, oddities in his behavior, the obvious lack of motive for the crime committed, the inappropriateness of actions at the time of committing a socially dangerous act, as well as in the time preceding it.

During the examination, a fact of insanity or a mental illness that does not exclude sanity may be established. In the first case, the subject is not subject to criminal liability, since he does not understand the consequences of his act, and in the second, he will be held accountable, but most likely, the punishment will be carried out in a special medical institution.

Establishing the nature of the injuries allows the investigator to correctly select the article for prosecution and choose the appropriate punishment for the crime for the perpetrator.

Article 201 of the Code of Criminal Procedure of the Russian Federation. Comprehensive forensic examination

  1. Forensic examination, which involves experts from various specialties, is complex.
  2. The conclusion of experts participating in a comprehensive forensic examination indicates what research and to what extent each expert conducted, what facts he established and what conclusions he came to. Each expert who participated in the production of a comprehensive forensic examination signs that part of the report that contains a description of the research he conducted and bears responsibility for it.
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