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Nurmatov Kh. V. assistant
Department of Pathological Anatomy and Forensic Medicine
Andijan State Medical Institute
FORENSIC MEDICINE AND ITS SOCIAL AND LEGAL NECESSITY
Abstract. This article discusses forensic medicine and its social and legal necessity.
Key words: forensic medicine, expertise, practice, legal necessity, medical necessity.
The science of modern forensic medicine is one of the special medical sciences, the purpose of which is to answer questions related to medicine and biology that arise during the review of criminal and civil cases in the activity of investigative bodies. Forensic medical expertise is a method of scientific and practical examination performed by doctors, and its purpose is to answer the medical and biological questions posed by the judicial and investigative bodies with its own conclusion. Doctors performing such tasks are called forensic medicine experts and medical experts. Thus, forensic medicine expertise is the application of forensic medicine to practice. Expertise is a method of scientific practical examination, the purpose of which is to answer a specific question. A specialist who conducts such an examination and gives a conclusion is called an expert. The term "forensic expertise" includes various types of expertise, such as trassological, ballistic, letter recognition, fire engineering, forensic science, forensic accounting, forensic medicine, forensic psychiatric expertise, and others. Various examination methods are used in forensic medicine. Many of them are important for forensic medicine. For example, it is of particular importance to determine the relevance of the presence of blood on the stain to groups and species, diagnosis of entry and exit holes in corpses in case of injuries with firearms, determining the distance from which the shot was fired, etc. In other cases, the science of forensic medicine uses the methods of certain medical fields (histological, microbiological, biochemical, radiological, etc.) as well as separate medical sciences.
At present, medical and forensic examination methods are widely used in forensic medicine laboratories. These methods are widely used to determine the type of wounding instrument, time of death, mechanism of injury, identity of the body of an unknown person and signs of life of injury. In addition, in forensic medicine, the method of calling the experimental model of certain injuries is widely used to determine the type of suspected weapon. For this, injuries are inflicted on corpses and experimental animals. In such cases, of course, the testimony of a living person is required, and the experiments are carried out according to the decision of the investigator. Forensic science and forensic
medicine expertise are closely related to medical and non-medical sciences. Medical sciences include pathological anatomy, pathological physiology, surgery, traumatology, therapy, obstetrics and gynecology, etc., while non-medical sciences include forensic criminology, forensic chemistry, criminal and civil law, criminal and civil procedures. Normal anatomy and X-ray anatomy are widely used to determine the identity and age of unknown people, examine corpses, and study bones or skeletal remains. The science of pathological anatomy is important in investigating the characteristics of sudden death, while normal or pathological physiology is an expert analysis of injuries and diseases occurring in the living human body, which is considered an object of forensic medicine, and death in certain factors and conditions. its role in studying the mechanisms of its occurrence is important. The science of traumatology helps the forensic medicine expert in determining the diagnosis of injury, the conditions of injury occurrence and the mechanism of proof, as well as the source of the cause of injury - the type of injuring tool or weapon. Forensic toxicology is the comparative diagnosis of diseases and poisonings, knowing whether there is poisoning on the basis of expert analysis, the circumstances of death, clinical signs, the results of forensic examination of victims or corpses, forensic chemical, physical, microscopic, microbiological and assist forensics by examining other laboratory test results. The sciences of obstetrics and gynecology assist the forensic medicine expert in the examination of controversial sexual cases and sexual crimes. Medical workers of healthcare organizations occupy an important place in the examination of professional offenses.
In our country, the science of forensic medicine, along with close assistance to the activities of law enforcement agencies, is of particular importance in the activities of health authorities and in improving the quality of treatment and preventive work.
The special order of the Ministry of Health of the Republic of Uzbekistan states that the following requirements should be implemented for forensic experts: 1) constant discussion of forensic events at the clinico-anatomical conference and integration of clinical and pathologoanatomical diagnosis. notifying the head of the treatment facility in time about inappropriate cases and shortcomings in the provision of medical care; 2) to take measures to prevent sudden death, injuries from transport, poisoning in life and industry, as well as to develop recommendations on identifying deficiencies in the provision of medical care.
In the Republic of Uzbekistan, forensic medicine expertise is based on certain current laws. The content and procedure of forensic examination are specified in the criminal, criminal-procedural, civil and civil-procedural codes of the Republic of Uzbekistan. Forensic expertise is appointed in all cases by the investigator, judicial authorities, police authorities, and it is mainly carried out only when they have questions related to medicine and biology. In most cases, forensic medical examination is carried out during criminal investigations and criminal proceedings in court. The Criminal Procedure Code stipulates the
obligation to conduct forensic medicine and forensic psychiatric examinations in some cases. This is done in the following cases: 1. When determining the nature of injury and the cause of death. 2. When determining the mental state of the accused and the suspect, if they cannot give a clear report on their actions or do not feel responsible during the conduct of the case. 3. When determining the mental state of the victim or witnesses. 4. When determining the age of the accused, the suspect and the victim, if it is important for the case, and if there is no information about the age. In all other cases, the desired expertise is determined by the permission of the investigator and the court. In the civil process, forensic medical examination is carried out in some cases in case of annulment of marriage, solving the issue of alimony, loss of work capacity and compensation of lost material. Conducting the desired expertise, as well as forensic expertise, consists of two main processes: - use of all methods in examining the objects of expertise 24 to solve the questions posed to the expert; - drawing up a written conclusion containing answers based on the questions raised as a result of investigations. There are 4 different objects of forensic expertise: dead, alive, physical evidence, materials related to crime and civil cases. The methods used in forensic examination of these objects are very different. These are listed in the special rules and methodical instructions on conducting various types of expertise.
Appointment and conduct of forensic expertise is divided into the following: 1) primary expertise; 2) additional expertise; 3) re-examination; 4) commission expertise; 5) comprehensive expertise. In the primary examination, the object is inspected for the first time and an expert opinion is drawn up based on it. An additional examination is often conducted when an additional question arises before the expert during the conclusion of the examination. A reexamination is usually appointed when there is doubt about the conclusion of the conducted primary examination or when there is a written complaint by the victim's relatives about their dissatisfaction with the conclusion of this expert. It is usually conducted by another expert or with the participation of a commission. Commission examination is carried out in some complex cases, when the help of several specialist doctors is required. Often, such an expertise is recommended in criminal prosecution of medical and pharmaceutical employees when they betray their duties. In some cases, a comprehensive examination is prescribed. Forensic medicine expert and forensic chemist, forensic medicine expert and forensic criminology expert are involved in complex cases and the opinions of both 25 experts closely support each other. If the commission's members come to the same conclusion during the examination, a general conclusion is drawn up on behalf of all commission members and they sign this conclusion. If the opinions of the commission members do not agree with each other, then each expert will draw up and present his own separate conclusion. The desired conclusion of the expert is not considered binding for the investigator, prosecutor and the court, but their disagreement with the general conclusion must be based on a specific document.
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