The need of regulation of production of components for forensic-medical molecular-genetic technologies and improvement of legal basis of forensic-medical molecular-genetic expert examinations in the Russian Federation

Of late, Ministry of Health of Russian Federation has developed instructions concerning forensic-medical molecular genetic methods of analysis promoting creation of standardized forensic-medical genetic service. However, some legal uncertainty exists in respect to design and production of the materials for forensic-medical molecular-genetic technologies, unification and standardization of molecular-genetic kits and methods. It is thought necessary to regulate legally forensic medical molecular-genetic technologies from foreign countries and production and use of domestic components for forensic medical molecular-genetic expert examinations.     

Practical use of the molecular-genetic technologies in solving the tasks of forensic medical identification of remains in emergencies with huge human death toll

Previously, we have developed different variants, for the expert use, of information technologies, i.e. of computer automated analytical systems, to ensure an effective analysis of huge bulwarks of molecular-genetic expert findings. The results obtained in the above research significantly advanced the possibilities of expert evaluation related with personality identification under the conditions of a big death toll; they also cleaned the ground for the introduction of such methodological approaches in the practice of investigations of emergency accidents involving huge death tolls. Described within the present case study is a practical experience of forensic medical identification of unrecognized remains in air crashes with huge human death tolls implemented through computer-assisted complex molecular-genetic tests on the basis of indirect DNA identification involving the establishment of blood relationship.     

A complex forensic-medical molecular-genetic examination of the victims of terroristic bombing in Moscow underground

The authors emphasize the need in coordination when conducting expert examinations in investigation of accidents with a great number of victims. Coordination is of special importance for combined application of molecular-genetic technologies and standard forensic medical investigations. The experience in experts cooperation in investigation of terroristic bombing in Moscow underground on February 6, 2004, according to algorithm of combined use of conventional forensic medical methods and innovating techniques of molecular-genetic identification for personal identification of dead bodies in accidents with a great number of victims is demonstrated.     

Properties of the molecular-genetic individual identification system on the basis of D1S111 locus in terms of forensic-expert typing of DNA

The article presents a comparative analysis of reference nucleotide sequences for locus D1S111, estimation of basic parameters of this locus polymorphism in the representative sample of Russian population for use as an individual identification molecular-genetic system in forensic expert examinations.     

Utilization of complex technologies of molecular genetics for forensic expert identification of unidentified remains of victims of terrorist acts in Moscow in 1999

This paper presents the first experience gained in Russia in expert identification practice with complex utilization of technologies of molecular genetic individualization of biological objects for solving identification tasks requiring the maximum complete armory of mutually supplementing means. This is particularly important for forensic expert personality identification in cases with many deaths, when indirect identification has to be resorted to, consisting in the use of biological samples from relatives of the victims as the identifying objects. Methodological approaches and concepts of expert studies, used for identification of the remains of people who died in terroristic acts committed in Moscow in September, 1999, are discussed. The results of this study and methodological experience notably extend the potentialities of expert evaluation as regards forensic medical identification of victims of overall disasters, terroristic acts, and war conflicts.     

Learning in practice for becoming a professional forensic expert

The study explores the professional development of future forensic experts. Specifically, it investigates how the forensic expert trainees learn through the internal training program at the Swedish National Laboratory of Forensic Science with a focus on the supervision at work. The findings are drawn from an ethnographical study where five trainees and their supervisors have been observed and interviewed. By drawing on a socio cultural perspective on learning, the results show that supervision is crucial for professional development. Two types of activities and relations define how supervision is implemented. There is a "transitional movement" in how supervision is staged depending on the trainees' gradual changes in participation in the work practice and increased experience. Forensic experts need skills and know-how to make wise and impartial judgments, i.e. a kind of tacit professional practical knowledge, as well as the skill to communicate with other professionals. However, the development of a professional language is somewhat unspoken or planned. Becoming a forensic expert is a learning process in practice where supervision plays a decisive role in maintaining the professional knowledge in the judicial system. Therefore, supervision for supervising might be a valuable support for supervisors.     

Strategy of multiplex analysis of STR-loci polymorphism of Y-chromosome on the basis of "minimal haplotype"

A molecular-genetic analysis of Y chromosome is a convenient tool of paternal affinity determination. This method is now widely introduced in expert practice. Previous experience in typing of Y chromosome is outlined. Strategy of development and experience in operating a multiplex system for a simultaneous analysis of seven STR loci of Y chromosome is discussed.     

Allele polymorphism of molecular-genetic individualizing systems based on tetranucleotide tandem repeats LPL,vWA and TH01 among the population of Russia

Until recently, data bases on incidence rates of alleles STR (LPL, vWA and THO1 loci) have not been introduced in Russia. To obtain information on the above rates in Russia, a large scale research of distribution of LPL, vWA and Tho1 loci has been performed among a sample of 442 blood-unrelated persons from 57 regions of the Russian Federation to specify basic assessment characteristics of these loci and to raise efficiency of expert use of identifying systems on their base. Relevant parameters (allele frequencies) are presented for each polymorphic locus as well as basic population characteristics of polymorphism in the studied sample of RF population. These results can be used as key parameters for standard probability estimations in assessing the results of molecular-genetic identification.     

论在医疗纠纷诉讼中推行专家辅助人制度

医学专家意见在医疗纠纷诉讼中占有重要地位，在不同法系国家分别以鉴定和专家证言的形式出现在法庭诉讼中。目前，我国已形成了以医疗事故技术鉴定和医疗过错鉴定为主体的医疗专业技术鉴定体制，但当前面临着诸多困境。从专家证据制度改革和医学专家意见形成特点等层面分析，专家辅助人制度与普通法系国家专家证人制度类似．其和鉴定制度的有机结合可以在医疗纠纷诉讼领域构建更为理想的专家证据制度：有助于最大限度地使法律真实靠近客观真实。但过于强大的医疗专业技术鉴定制度对专家辅助人制度具有明显的压制作用．因此需适当限制鉴定制度，大力推行专家辅助人制度，同时应总结相关国家经验教训。防止专家辅助人制度产生不应有的负面效应。     

How do forensic scientists learn to become competent in casework reporting in practice: a theoretical and empirical approach

In their day-to-day work, carrying out complex tasks, forensic scientists use a combination of explicit, codified standard operating procedures and tacit knowledge developed through their ongoing practice. We show that tacit knowledge is an integral part of the activities of expert forensic science practitioners who continually add to their knowledge repertoire by engaging other scientists through communities of practice. We wish to shed fresh light on the gaining of tacit knowledge by forensic scientists during their apprentice formative years, termed as legitimate peripheral participation. In quantifying tacit knowledge exchanges, we use social network analysis, a methodology for the analysis of social structures, to map relational knowledge flows between forensic scientists within communities of practice at the Forensic Science Laboratory, Ireland. This paper sheds light on the importance of tacit knowledge within the training regime of forensic scientists and its recognition as equal to the part played by explicit knowledge.     

以审判为中心的庭审模式对法医出庭质证的挑战

以审判为中心的庭审模式是当今诉讼改革的主要方向,案件庭审实质化是诉讼改革的主要目标,在此背景下,法医鉴定人出庭质证将会实质化、常态化。为此,最高人民法院等部门出台了保障鉴定人出庭的相关规定、规则。法医鉴定意见质证实质化要求法医鉴定人在出庭时履行相关义务:尊重法庭、如实回答提问、释明鉴定意见。当前法医参加庭审质证中存在法医鉴定人出庭率低、鉴定意见的法律性质不明确、鉴定人出庭的具体要求不明确、与包括专家辅助人在内的其他专家证据形式的冲突等问题。为此,笔者向法医鉴定人提出三点建议:不断学习,提升专业技能;加强修炼,提高法律知识;注重实践,强化表达能力。     

医疗损害鉴定主体改革刍议

医疗损害鉴定主体,包括鉴定机构及鉴定人,是医疗损害鉴定制度改革的起点。医疗事故鉴定模式中的专家组并不是鉴定主体．但其合议制的实质对鉴定结论的科学性具有重要作用,应予保留。应改革鉴定结论形成机制,允许出具多样化的鉴定结论。医疗损害鉴定制度的改革应采取司法行政部门主管、司法鉴定机构组织鉴定工作、医学会推荐鉴定人的模式。由于医学的专业性极强,鉴定人应当来自于现任专职医务人员。在保证鉴定人中立性、公正性的同时,要重视保证医务人员参与鉴定工作的积极性。     

论我国司法鉴定人出庭作证制度的完善

司法鉴定人出庭作证对法官采信正确鉴定意见、消除当事人对鉴定意见的怀疑、提高鉴定质量都有重要作用。但目前由于种种原因,司法鉴定人出庭作证率极低,需要我们认真分析其原因,完善司法鉴定人出庭作证制度。     

Evaluating expertise in forensic anthropology

The medicolegal system relies on the ability of experts and non-experts alike to make judgments about expertise and use those judgments to reach consequential decisions. Given the lack of standard criteria, mandatory certification, or licensure for establishing expertise required to practice forensic anthropology and testify as an expert witness, we sought to understand how individuals assess and identify expertise in forensic anthropology by using a social science tool called the Imitation Game. This tool assesses immersion in a specific area of study via discourse, with the premise that some individuals lacking expertise themselves imitate or attempt to pass as experts. For this project we recruited volunteers with varying expertise in forensic anthropology to participate in interviews which asked questions about the practice and structure of the discipline. Those interviews were transcribed, anonymized, and evaluated by other recruited individuals with varying expertise in forensic anthropology. Results found that judges who were experts in forensic anthropology performed better than non-expert judges in determining who was not an expert in forensic anthropology based on their anonymized responses; however, nearly half of the non-experts were still able to pass as experts in forensic anthropology. The difficulties in assessing expertise based on discourse interactions demonstrates the value and need for well-defined credentials and mandatory certification to practice forensic anthropology. This study demonstrates that accurately identifying expertise in forensic anthropology may be challenging for both experts and non-experts, especially when relying solely on interactional expertise rather than formal assessments of competency which directly elucidate contributory expertise.     

论我国不宜引入英美法系专家证人制度

诉讼模式的改革使得产生于强职权模式下的传统司法鉴定体制与新庭审方式的矛盾日益突出,司法实践中也暴露出越来越多的问题,我国司法鉴定体制的改革势在必行,司法鉴定也亟需立法。近年来,有关引入英美法系专家证人制度的改革构想成为我国司法鉴定制度改革中的热门话题．但在我国不宜引入专家证人制度。     

Forensic psychiatry in China

This article reviews the legal basis for the development of forensic psychiatry in China, the organization of clinical assessments, and training of forensic psychiatrists. Regulations for the management of patients in Ankang hospitals and the role of forensic psychiatrists within the Criminal Justice system are described. The primary role of forensic psychiatrists is to provide expert opinions on competence to stand trial and criminal responsibility in criminal cases. They are increasingly involved in civil court proceedings and tribunals at the request of a range of official agencies. The clinical cases assessed by Chinese forensic psychiatrists are very similar to those of their counterparts in Western countries, but the organizational and legal framework for these assessments reflects a very different system that has evolved independently.     

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.     

医疗损害鉴定主体改革刍议

医疗损害鉴定主体,包括鉴定机构及鉴定人,是医疗损害鉴定制度改革的起点。医疗事故鉴定模式中的专家组并不是鉴定主体,但其合议制的实质对鉴定结论的科学性具有重要作用,应予保留。应改革鉴定结论形成机制,允许出具多样化的鉴定结论。医疗损害鉴定制度的改革应采取司法行政部门主管、司法鉴定机构组织鉴定工作、医学会推荐鉴定人的模式。由于医学的专业性极强,鉴定人应当来自于现任专职医务人员。在保证鉴定人中立性、公正性的同时,要重视保证医务人员参与鉴定工作的积极性。     

谁是司法鉴定的“守门人”？——《关于司法鉴定管理问题的决定》实施五周年成效评析

本文从司法鉴定机构设置、司法鉴定活动启动以及司法鉴定意见审查三个方面论述了司法鉴定“守门人”问题。通过对两大法系国家各自司法鉴定制度的分析,梳理司法鉴定“守门人”的三道防线。同时有针对性地比较和讨论了我国司法鉴定制度缺陷,明确司法鉴定制度改革不能以牺牲鉴定意见“守门人”功能为代价。指出建立国家所属的具有公益性、中立性的司法鉴定机构是发展的必由之路。     

鉴定资料收集之法律控制研究

随着我国法制的健全和人权保障意识的增强,鉴定资料收集过程的控制问题已经引起理论界的关注。总体来看,我国比较注重鉴定的结果价值,即获取鉴定结论,这就使得制度设计上偏重于如何有效地运用鉴定结论,而忽视了对于鉴定资料收集过程的法律控制。与此相对的是,各国立法都对鉴定资料的收集过程作出法律规制。对鉴定资料收集过程予以完善的法律规制,有助于司法鉴定质量的提高,同时也是正确认定案件事实的保障。