К вопросу об оценке результатов судебно-медицинской экспертизы по уголовным делам, связанных с ненадлежащим исполнением медицинскими работниками своих профессиональных обязанностей

Introduction: The article deals with the problems of methods of production and evaluation of the results of commission forensic examinations appointed in criminal cases related to “professional violations of medical workers”. This paper notes the reasons for classifying these examinations as complex, provides recommendations on the selection of expert institutions and the selection of admissible evidence in the case, and briefly presents the requirements for the results of commission forensic examination and criteria for evaluating its results. Materials and Methods: the study examined materials 40 appellate and cassation rulings of courts of the Russian Federation on the Affairs connected with professional activity of medical workers conducted a retrospective study of forensic medical examination for the analyzed category of cases. Results of the Study: based on the results of the work, errors made by investigators when assigning expert examinations and evaluating evidence in a criminal case were identified; errors made by experts when conducting expert examinations. Findings and Conclusions: when evaluating evidence in criminal cases related to improper performance by medical professionals of their professional duties, there are problems of a methodological and evaluative nature. The revealed facts indicate the need to improve the criteria for forensic expert assessment, review the approach to evaluating the results of forensic medical examination, and other evidence in the case.