Basic approaches to medical,forensic, and biomechanical studies in expert evaluation of a car injury

Modern approaches to forensic medical expert evaluation of car injuries are discussed. Many problems remain unsolved after examination of injuries in victims inside the car, which negatively tells on the versions suggested during criminal investigation of car accidents. The experts often neglect the most sensitive methods for evaluation of these injuries and many fundamental approaches to the problem: differential diagnosis of primary and secondary injuries; basic medical and biomechanical methods and studies of the clues; fundamentals of total systems evaluation of the results of forensic medical expert evaluation.     

Forensic medical evaluation of harm severity inflicted to one's health by slight craniocerebral injuries in the remote period

A pressing problem is discussed: forensic medical evaluation of harm inflicted to health by slight craniocerebral injuries. Analysis of 2150 expert forensic medical and medico-social conclusions revealed serious organization and methodological errors in evaluation of harm inflicted to health by slight craniocerebral injuries. Approaches to improving the quality of such forensic medical expert evaluations are outlined.     

Defects in medical care rendered by private practitioners (or institutions)

Fifty-one conclusions of forensic expert medical committees on criminal and civil cases instituted against private medical institutions and physicians are analyzed. Sixteen expert evaluations concerned dental care, 15 were on cosmetic operations, etc. Flaws in medical care, their causes and consequences are analyzed. Tentative expert evaluation of similar cases is made.     

Difficulties in forensic medical evaluation of some forms of craniocerebral injury

Conclusions of 41 repeated expert evaluations of craniocerebral injuries within the framework of criminal and civil cases investigation are analyzed. Some aspects of clinical and forensic medical diagnosis of lethal and nonlethal injuries to the head, evaluation of the quality of medical care, and qualification of the severity of harm to health are discussed. Causes of typical expert errors and approaches to their prevention are shown.     

关于民事诉讼中司法鉴定的运用

从案件审理者的角度看,司法鉴定是其加以运用从而认定事实的一个手段,但现存的规范多是纯粹程序上的规定,对鉴定具体环节中法官的行为殊有约束,导致了法官在运用司法鉴定中行为的随意,表现为滥用司法鉴定、浪费司法资源、造成瑕疵鉴定结论、对当事人及鉴定人权利保障不充分、鉴定结论审查标准不一等问题,因此有必要从原则上和具体规范上对法官运用司法鉴定的这些诉讼行为引起的问题加以解决,司法鉴定制度也只有关注这些问题才可能更加完善。     

刑事技术鉴定性质探究

刑事技术鉴定作为刑事诉讼程序中解决专门性问题的一项工作,因为司法实践中出现的种种问题而倍受关注。如何制定出体现法治精神和诉讼价值的刑事技术鉴定程序是刑事诉讼法修改工作的一个重要方面。刑事技术鉴定程序的完善以对刑事技术鉴定性质的正确认识为前提。刑事技术鉴定是刑事诉讼行为而非侦查行为,是鉴定人运用科学技术或者专门知识解决诉讼中所涉及的专门性问题,刑事技术鉴定是人的证据方法,鉴定结论是言词证据。     

Modern structure of the pancreatic injuries

Current structure of pancreatic traumas of peace time is considered. The dynamics, mechanism and characteristics of pancreastic injury are described. Surgical treatment of pancreatic injuries and causes of their inadequate management are analysed. This will contribute to improvement of the quality of treatment of pancreatic injuries and of expert evaluation.     

Diagnostic role of acute microscopic changes in myocardium

Forensic medical diagnosis of death from coronary heart disease, acute ethanol poisoning, alcoholic cardiomyopathy, closed cardiac injuries, mechanical injuries incompatible with life which may be directly caused by acute cardiac failure, requires identification and evaluation of diagnostic complexes of acute myocardial changes. The diagnostic significance of such complexes of myocardial changes is characterized for the first time. A method for evaluation of such changes, addressed to expert histologists, is presented.     

Forensic medical expert evaluation in connection with civil actions of patients complaining of improper dental care

The authors discuss questions facing forensic medical experts in connection with civil "medical" actions. The questions are classified as common and private. Expert evaluations of correspondence of the scope and quality of dental care are offered as the base for analysis of these problems within the framework of civil legislation. The data evidence efficiency of forensic medical expert evaluations in civil legal procedure and the significance of forensic medical service in the solution of problems of quality and efficiency of medical (including dental) care of the population.     

The forensic medical assessment of the micromorphology of brain stem hemorrhages in craniocerebral trauma

Microscopic features of primary and secondary hemorrhages in the stem portion of the brain in craniocerebral injuries are described. Criteria of differential diagnosis between primary and secondary hemorrhages in the stem in subjects dead during 24 h after isolated and combined craniocerebral injuries are defined. The forensic medical significance of differential diagnosis of hemorrhages in the stem for the solution of many expert problems is evaluated.     

Current status and prospects for developing chemical-toxicological (forensic chemical) studies in the Russian Federation

The authors discuss modern state and prospects of planning and carrying out research in forensic (toxicological) chemistry within the framework of practical forensic medical expert evaluation, state of forensic medical expert evaluation of alcohol and narcotic intoxication, and other pressing problems of forensic medical expert practice.     

Forensic medical expert evaluation of gunshot injuries of brain skull

Forensic medical experts are offered a set of morphological signs which help identify the gunshot origin of a skull injury, identify which of the injuries is the inlet and which is the outlet, specify the direction of the shot and succession of formation of injuries in cases with several shots. The author suggests evaluating a gunshot wound in the head with due consideration for the mechanisms of its formation. From a complex of signs of a gunshot injury to the brain skull he singles out the tissue defect with a conical channel and the edge of bone defect, additional injury to the external compact plate near the inlet, and type, number, and location of the radial and concentric cracks. Analysis of the morphology of the above listed signs of gunshot injuries to the skull notable extends the potentialities of forensic medical expert evaluation in cases with gunshot injuries.     

The forensic medical diagnosis of the types of vehicle-caused trauma by using mathematical methods and programming systems]

Urgent problems of scientific research on medicolegal evaluation of vehicle trauma were studied. One of perspective ways of increasing scientific control and evidential value of expert conclusion is pointed out. Use of mathematical methods and personal computers in expert evaluation of vehicle trauma is recommended. Expert differential diagnostic system (impact-overrun) developed is described and operating condition of personal computer is given.     

New prospects in forensic medical expert evaluation of perforating wounds of the eye

The criterion "percentage of stable loss of total working capacity" is usually used in expert evaluation of perforated wounds of the eyes. However it does not always allow an objective evaluation of the ocular status. Visual acuity can vary greatly during the posttraumatic period for a rather long time, becoming worse or better during up to 1 year. Treatment and observations of 160 victims (165 eyes) helped determine the major clinical symptoms of perforated wounds and distinguish 8 symptoms characteristic of severe injuries. Use of these symptoms as criteria for evaluating the severity of injury inflicted to health helps make an objective conclusion without waiting for recovery.     

知识产权刑事司法鉴定若干问题研究

知识产权刑事案件中,司法鉴定尚存在很多亟待解决的问题,这些问题不仅阻碍了诉讼活动的顺利进行,有的也违背了司法鉴定的基本规律。从长远的角度来看,知识产权刑事诉讼,很多司法鉴定问题更宜转化为专家证人的形式加以解决。     

Substance use,health, and mental health: problems and service utilization among incarcerated women

This article profiles self-reported substance use, health, and mental health problems among a sample of incarcerated women in Kentucky as well as lifetime service utilization. Findings indicate that a high percentage of women reported use of alcohol, cocaine, and multiple substances during the month before incarceration. In addition, participants reported common health problems such as dental, female reproductive, physical injuries, and mental health problems including depression and anxiety. Participants reported moderate use of emergency room and mental health treatment but limited substance abuse treatment utilization. Implications for criminal justice programs and linkages with community-based aftercare services for women are recommended based on findings that health and mental health problems are associated with service utilization before incarceration.     

Possible difficulties in molecular-genetic expertise in cases with insufficiently high individual significance of the results (as exemplified by a complex case with disputable maternity)

Molecular genetic technologies used in forensic medical expert evaluations help quantitatively evaluate the significance of coincidence or non-coincidence of signs in personality identification and in expert evaluation of kinship identification (disputable paternity or maternity). The level of validity of evidences, which can be considered necessary and sufficient, is the principal problem in such cases. Analyzing a complex case with disputable maternity, the authors discuss problems illustrating the necessity of attaining a high level of validity of the results for drawing a justified expert conclusion. Only high validity standard can rule out errors in interpretation of the results, otherwise the significance of the detected complex of signs can be insufficient for an unambiguous solution of an expert task.     

刑事鉴定存在的问题及其规则研究

关于刑事鉴定的问题已受到人们越来越多的关注。这不仅是因为作为刑事证据之一的鉴定结论对法官的裁判活动 ,心证的形成 ,对当事人双方主张的确认都有着关键有时甚至是决定性的作用 ,更因为我国目前的鉴定制度、鉴定体制存在严重缺陷 ,它已给人们带来比法官裁判不公更令人感到不公正的痛苦。对刑事鉴定有关问题进行研究以及立法就鉴定问题作出必要的完善 ,已是迫在眉睫。     

Searching for Kin Amidst Tragedy—Disaster Victim Identification Operations for US Bangla Flight 211

The nature of air disasters includes factors that exacerbate challenges in the identification process. Of the 49 deceased in the US Bangla air crash in Kathmandu, Nepal, four were intact, 11 presented with burn injuries, another 11 presented with partial charring, and 23 were completely charred. Personal belongings were useful in the identification phases for all types of victims. Fingerprints were obtainable and useful in intact victims and victims with less severe burn injuries; medical and surgical information was useful in bodies with burn injuries; finally, dental findings were useful in cases of extensive charring. Other useful methods in the process included marks of identification, physical features, and exclusion. In certain resource‐limited settings, especially in closed population disasters, where scientific identification (DNA, dental records, etc.) is not currently available, personal belongings, clothing, and physical findings analyzed by an identification team using a structured organization may be cautiously used as the primary means of identification.     

水域污染损害有关监测及评估鉴定问题

针对油污对海洋环境造成的生态损害和渔业资源损失索赔的实务问题,采用法定监测机构作出专业监测评估报告,为损害索赔提供技术依据的方法,从监测报告的特性、内容及其监测的方法,分析得出专业监测报告属于民事诉讼证据中的＂鉴定结论＂,应当作为认定损害的依据,并提出渔业主管部门对渔业资源损害的调查权和代表国家行使渔业资源损失的索赔权并存时并无利害关系的观点。