Molecular-genetic forensic expert investigations in the Russian Federation: problems and perspectives

Introduction of molecular-genetic technology into forensic-medical expert practice in Russia took place in unfavourable conditions of poor financial support and, consequently, the results appeared unsatisfactory. Organisation and functioning of genetic laboratories must be controlled and provided with an adequate system of training personnel and professional control. Application of molecular-genetic methods in forensic medicine meets the needs of expert practice if it is based on the systemic approach. The system is proposed to be headed by Russian Center for Forensic-Medical Expert Examination. This center is to update and control the activity of all institutions involved in forensic medical expert examination in Russia and conduct monitoring of the studies and training of specialists for the system.     

Concerning the criteria of expert assessment of unfavorable outcomes in implantological stomatology

The state of complex forensic-medical expertise in implantological stomatology was analyzed in the article. The questions of assessment of medical aid quality with the use of score system of risk degree and factors determination are considered. The authors suggest to use the score system of unfavorable outcomes with the purpose of objectification of expert conclusions.     

Drawbacks and new methodological approaches to forensic medical examination of sexual conditions

Drawbacks of forensic-medical examination of sexual conditions are due to problems of management and diagnosis. Updating expertise of sexual conditions means standardization, application of modern examination tools and devices, making more than one examinations, skills in examination of the man in suspected erectile dysfunction, purposeful search for sperma.     

医疗损害诉讼中专家辅助人制度的构建

由于医学的复杂性和法官知识的局限性,导致医疗损害案件的审理中存在法官过分依赖鉴定意见的现象。以新修改的《民事诉讼法》为视角,界定了专家辅助人的概念,明确了构建专家辅助人的意义,分析了构建专家辅助人制度的理论和实践基础,最后探讨了在医疗损害诉讼中构建专家辅助人制度应明确的几个问题。     

Approaches to the improvement of forensic medical expertise in the cases of sexual crimes and doubtful gender status

The authors analyzed the results of the forensic medical expertise of the cases of sexual assaults and covert sexual abuse. Special attention is given to the peculiarities of forensic-medical expertise in the cases of veneral diseases and HIV-infection, injuries to sexual organs in women and men. The specific approaches to the examination of corpses in the cases of atypical sexual behavior or a murder supposedly committed for sexual motives are considered.     

Use of thin-layer chromatography for detection of 11-nor-9-carboxy-delta9-tetrahydrocannabinol in the urine

A simple method of thin-layer chromatography for detection of 11-nor-9-carboxy-delta9-tetrahydrocannabinol in biological material (urine) can be used in chemicotoxicological laboratories and chemical departments of forensic-medical expert examination without special facilities.     

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.     

Forensic-medical examination of the effect of current synthetic detergents on the exhibits

A test for trace quantities of synthetic detergents on fabric is described in detail. Feasibility of detergents identification in the spots on the exhibits with thin-layer chromatography on silufol is shown and cases of such identification in biological material are given for illustration. Adequacy of the results is confirmed. Such investigation in forensic-medical practice will raise informative value of expert certification in cases when standard biological methods are unable to provide necessary precision.     

Posttraumatic neurosensory hypoacusis in forensic medical practice

Literature data and results of epidemiological examination show that traumas play a significant role in emergence of neurosensory hypoacusis (NSHA) in young healthy population. The diagnosis of NSHA is often missed in forensic-medical examination and this may cause a social problem. Audiometric signs of NSHA were studied in subjects with trauma of the labyrinth. Pure tone audiometry results can be used for differential diagnosis of mechanical and barotraumas and as additional criteria in determination of the harm to health.     

Forensic medical examination in cases of sexual abuse

The article presents the analysis of forensic medical expert practice in the field of sexual abuse. Drawbacks in expert examinations, official decisions on such examinations, low expertise of forensic medical personnel in sexual crime, lack of tools for genital and anal examination are analysed and methods of correction of this situation are proposed.     

刑事诉讼专家辅助人出庭的观点争议及其解决思路

我国2012年修改的《刑事诉讼法》和《民事诉讼法》对“有专门知识的人”的规定相当简略,尤其是其出庭“适用鉴定人的有关规定”表述．不仅存在“有专门知识的人”是作为专家证人还是专家辅助人之争论．而且还引发是否有必要界定为中立的鉴定人诉讼地位之分歧。基于此．“有专门知识的人”参与法庭是否需要准入限制、法庭如何行使审查权限以及是否适用回避制度、其权利义务如何确定、如何在法庭上进行质证、其质证的效力如何以及在法庭上应安排何种位置等问题需要理论予以澄清．而理论需要结合我国司法制度与诉讼制度的要求及其功能作出具有规范意义的诠释．     

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.     

Forensic-medical obstetric-gynecological examinations in cases on professional delinquency of medical personnel

We studied the trend in the number of forensic-medical examinations in trials against obstetricians and gynecologists conducted in Primorsky Region in 1997-2005. Most typical defects in obstetric-gynecological care are characterized. These cases are analysed in terms of forensic-medical practice. Detection and forensic-medical analysis of the above defects contribute to optimization of the diagnosis and treatment both in obstetric-gynecological practice and in wide medical practice.     

中国刑事专家辅助人向专家证人的角色转变

中国的刑事专家辅助人具有既类似于律师又类似于鉴定人、证人的多重属性;围绕专家辅助人意见的性质,也形成了质证方式说、鉴定意见说、证人证言说等多种观点。角色定位上的混乱,不仅造成了独具特色的鉴定人与专家辅助人的双轨制,而且常常使专家辅助人意见的法庭采信陷入困境。从最高人民法院有关专家辅助人的新近规定看,专家辅助人的角色呈现出向专家证人转变的趋势。这种转变的核心要求,一是实现鉴定人和专家辅助人的诉讼地位平等,专家辅助人意见和鉴定意见在专家证言意义上的证据效力平等;二是使专家辅助人回归专家证人本色,将强加给专家辅助人的不合理的质证职责交还给律师、检察官;三是提高律师、检察官熟练运用交叉询问规则、对科学证据进行质证的能力,充分发挥法官的科学证据“守门人”作用,以适应事实认定科学化的需要。     

Whole-genome amplification by MDA to improve sensitivity of forensic expert examination of chromosomal DNA

This pilot project has the objective to evaluate the possibility of application of the multiple displacement amplification (MDA) technique to whole-genome amplification with a view to improving sensitivity of molecular-genetic test-systems. Preparations of total cellular DNA were amplified by MDA and analysed to assess conserved specificity of chromosomal DNA and its enhanced template activity in the standard polymerase chain reaction (PCR) for typing allele variants of polymorphous DNA loci. DNA samples before and after MDA showed virtually identical genotypic combinations of alleles. Allele fragments were stably detected at a level of DNA 4-5 times lower than in the standard test. The results of the study indicate that the MDA technique provides a promising tool to improve reliability of forensic- expert examination of chromosomal DNA and imply the necessity to further develop forensic-medical aspects of this method.     

The forensic-medical expertise in craniofacial trauma

Archive materials of the recent 6 years, including 14720 death cases of victims, were analyzed for the purpose of detecting the general regularities of injuries within the craniofacial trauma (CFT). The diversity of CFT with injuries to skull bones and medullary substance was found not to interfere with establishing an actual type and mechanism of trauma provided all injuries are thoroughly and comprehensively examined. The trauma specificity must be evaluated with respect to a location and direction of traumatic force in order to define an actual impact that caused death. CFT is special variation of craniocerebral trauma, whose onset mechanism needs more research. The efficiency of forensic-medical examination of CFT cadavers directly depends on the coordination and logic of measure undertaken by expert as well as on his technical outfit and knowledge of such trauma. The diversity of variations of damage to anatomic head structures requires an interdisciplinary approach with the need to isolate a predominant chain that affects the course and outcome of trauma.     

Algorhythm of making forensic medical expert examinations by medical documents in obstetric-gynecological practice

Most of the suits brought against medical professionals concern obstetricians-gynecologists. The experienced clinicians take part in commissions of experts to certify validity of diagnosis, treatment, operations, manipulations. Current state of obstetric-gynecological expertise is characterized. Algorithm of making obstetric-gynecological examinations is proposed. Criteria on forensic-medical assessment of medical care conducted in comparison with current standards of this care are formulated.     

Mathematic modeling of morphogenesis of the liver and spleen in fetus and newborns for the purpose of determining the gestation age

Fragments of the liver and spleen obtained from 140 cadavers of fetus and newborns with a gestation age (GA) ranging from 21 to 41 weeks were morphometrically investigated. The obtained data were statistically processed. A set of equations was designed on the basis of the multi-factor regression analysis for the GA determination. The study results are recommended for practical use in the forensic-medical expertise in cases of perinatal death.