Who are doctors being questioned in criminal proceedings
Автор: Osodoeva Nataliya Vasilevna
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Рубрика: Уголовный процесс
Статья в выпуске: 4 (16), 2020 года.
Бесплатный доступ
The current criminal procedure legislation contains a list of evidence. The criminal procedure code of the Russian Federation does not laid down the statements of doctors as evidence. The possibility of interrogation of doctors in judicial session concerns on debatable issues of criminal procedure law. The author analyzes the opinions of scientists about the possibility of questioning the doctors in court and comes to the conclusion that doctors may be questioned. To justify the position the author refers to the decision of the European Court of human rights and judicial practice of the Russian Federation on this issue. The author is convinced that doctors may be questioned as witnesses in criminal trials to determine the patient's diagnosis, his health condition, opportunities to participate in the investigation, consideration of a criminal case in court, to determine the severity of the condition of a victim admitted to a medical facility, on the provision of necessary medical assistance for defendants and victims doctors and medical professionals. The author justifies the position that doctors may be questioned as specialists because they have some knowledge in this area.
Interrogation, doctor, witness, specialist, court, court session, preliminary investigation
Короткий адрес: https://sciup.org/143173381
IDR: 143173381 | DOI: 10.24411/2587-9820-2020-10095