Forensic examination of beatings: features of the conduct and characteristics of beatings

Bodily harm a person of varying severity is the result of a committed act, which may be intentional or reckless. This also applies to beatings, and they are the most common type of damage. No one can be insured against situations in which injuries can be obtained. That is why every person is advised to know how the forensic medical examination of the beatings, its features and purpose.

What are beatings?

This type of harm to health, as well as the corresponding offense in the Criminal Code of the Russian Federation, is allocated to Article 116. It clearly states that it should be attributed to beating:

1. This is striking or other violent actions that are directly related to causing physical pain to a person.
2. Painful sensations are caused precisely by the blow itself, and not by its consequences.

This refers to isolated cases of damage to humans. If such actions are committed more than twice a year, the offense is qualified as torture, and this is another article and a completely different punishment.

If you have been exposed to this by third parties, it is recommended that you immediately file an application with the police. Based on the application, a forensic examination of the beatings will be carried out, which will become one of the elements pre-investigation check crime.

Signs of grievous bodily harm

There are certain signs that indicate that severe damage has occurred. Knowing them, you can be sure that the forensic medical examination will be carried out not in vain. These signs are:

• danger to life;
• long-term health disorders;
• loss of general disability, which is persistent;
• loss by the body of the ability to function (including loss of hearing, vision, speech);
• abortion;
• disfiguring a face that cannot be removed surgically;
• mental disorder.

Forensic medical examination may be carried out on the basis of the presence of at least one of these signs.

Why is a forensic medical examination carried out?

In some cases, a forensic medical examination of the beatings (the severity may be different in this case) is mandatory in criminal proceedings and is carried out with the aim of:

• determining the severity of beatings;
• establish the presence, nature and extent of self-harm;
• determining the state of human health, as well as the fact of the presence of deviations from normal indicators caused by beatings;
• confirmation of the presence of forced sexual intercourse;
• determining the presence of pregnancy or establishing the fact of its termination (as a result of childbirth or abortion) as a result of violent acts;
• establishing the fact of infection with sexually transmitted diseases such as HIV, syphilis, chlamydia, gonorrhea;
• determination of the age and personality of the victim;
• the establishment or refutation of the fact of alcohol, drug intoxication, as well as toxic poisoning;
• establishing the fact of the onset of disability and the degree thereof;

All this is necessary for a reliable investigation of the crime. So, the forensic examination of the beatings, the features of their application, the nature of the damage - aspects that this study defines.

Forensic examination of the beatings: stages

The algorithm of actions depends on whether you yourself will shoot the beatings or the police will issue a direction for the examination. In the first case, a statement must be filed in which it is necessary to state absolutely all the circumstances of the crime (where the blows were delivered, how many there were, how the pain was caused, the presence of insults). Based on this, a direction will be issued for conducting a direct medical examination (examination by an expert), which consists in a visual examination of wounds and abrasions. Upon completion of the examination, the expert shall issue a report indicating the severity of the damage caused and the nature of the beatings identified. This is the main questions of the forensic medical examination, the beatings can be of any severity. After receiving an expert opinion, a criminal case can be instituted.

If you want to get such a conclusion from a doctor yourself, the algorithm is slightly different:

1. First of all, it is necessary to go to a trauma center or clinic where specialists will provide professional first aid, and they will also issue a certificate stating all the beatings detected, their nature, severity, time of damage and seeking help.
2. With the certificate you need to contact the police department to draw up a statement. It mandatory indicates all the circumstances of the crime, including the details of the actions of the offender.
3. Directly forensic examination. It is carried out as part of the pre-trial proceedings. In some cases, the expert does not conduct an examination of the victim, but issues an opinion on the basis of a certificate of beatings and other medical documents that the victim provides him.

The main stages of examination

The last stage has several stages:

1. Familiarization with the materials of a criminal or civil case. The expert studies the information on the type of crime and all the features of its commission.
2. Examination of documents that confirm the state of health of the victim, in particular outpatient cards, results of hardware tests, blood tests and others.
3. Interviewing the victim in order to study his state of health, as well as the circumstances in which the damage was done.
4. Inspection of personal items, including clothing and shoes.
5. Description of the nature of bodily harm.
6. Drawing up a conclusion.

Expertise at home

A forensic medical examination of beatings (investigation) can be carried out at home. This happens if, due to health reasons, the victim cannot come to the medical facility. In such a situation, the specialist leaves the house and conducts an expert assessment there. In order for such a forensic medical examination to be valid, in addition to the official person, one more person must be present (of the same sex as the victim). If there is a need for laboratory tests, the expert collects the biological material in special containers, after which they are transported to the laboratory.

What is a certificate?

The certificate of beatings issued by a medical institution is a document that confirms the fact of a crime, temporary incapacity for work (the reason, nature of the injuries, diagnosis, especially bruises and the exact date must be indicated). This document is issued by either a traumatologist or a surgeon. You can also remove the beatings directly during the examination procedure (this is the task). A forensic examination of the beatings can take place without the presence of the victim.

However, it is worth remembering that a certificate of damage is not the basis for opening a criminal case and evidence in court.Before the start of investigative actions, a forensic medical examination of the beatings (damage can be of any severity) should be carried out directly by the forensic doctor.

Certificate validity period

This certificate does not have a specific limitation period, and its validity is limited to the period after which criminal prosecution of the guilty person may occur. However, it is better if, immediately after the document on the state of health is received, a forensic medical examination of the beatings will be carried out (the statute of limitations for minor injuries is no more than two years from the moment of issue, but from the moment the crime was committed).

But the deadlines for removing beatings do exist. The sooner you contact any medical institution to record the harm to your health, the better. There are several reasons for this:

• timely medical assistance will be provided;
• with early removal of beatings, the probability of a correct qualification of a crime is higher, which means that punishment for the harm done will be adequate.

Help structure

The document itself consists of several sections:

• introductory part (the circumstances of the case are indicated here, but without details);
• research part (consists of a list of all the facts that were discovered during the expert evaluation);
• conclusions on the basis of which a decision is made on initiation of criminal proceedings.

The role of an expert in litigation

In some situations, the participation of an expert directly in the trial is mandatory. This is due to the fact that only this specialist has the complete information that was obtained as a result of the forensic examination, as well as carefully analyzed, on the basis of which conclusions were drawn, which became undeniable evidence of the crime. Despite the fact that the conclusion itself speaks of all the details of the examination, the parties may have questions that only an expert can answer. Questions can be asked by absolutely all participants in the trial to the same extent: court, parties, witnesses. In some situations, the expert cannot immediately answer the question posed, which he claims to the court and explains the reason for the impossibility of explanation. In this case, the consideration of the case may be postponed.

Behavioral strategy

From all of the above, one can draw a certain conclusion, the so-called memo, which will help to do everything right and punish the guilty:

1. At that moment when you understand that the criminal will strike or otherwise harm your health, try to create as much noise as possible - scream, call for help. This guarantees you the availability of witnesses, which will greatly facilitate the task of proving the fact of beating by this particular person.
2. It is recommended that you give the most clear and detailed answers to all questions from the police and doctors. In this case, embellishment is not worth it, because it can complicate the work of the investigation, as well as harm you.
3. You should not hide the fact of beating, even if it was done by a person close to you, and you do not want to harm him.

The offender must be punished for his crime. In addition, a sense of impunity can lead to the fact that each time a person will commit more serious crimes, including murder.