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Medical examination is a key element in the investigation of cases of intentional grievous bodily harm. It allows for an objective assessment of the nature and extent of the injuries sustained by the victim, which is critical for the correct legal qualification of the crime under Article 121 of the Criminal Code of Ukraine (CCU). In this article, we will look at the role and importance of medical examination in cases of intentional grievous bodily harm, the procedure for conducting it and the main aspects that affect the outcome of the investigation.
The role of medical examination
Medical examination plays a crucial role in establishing the actual circumstances of a crime. It helps to determine:
- The nature and mechanism of the injuries.
The severity of the injuries.
The impact of the injuries on the victim's health.
The causal relationship between the actions of the accused and the injuries sustained.
Conducting a medical examination
Initiation of the examination
A medical examination is initiated by the investigator or prosecutor at the pre-trial investigation stage. The reason for its conduct is the need to confirm or refute the existence of serious bodily injuries of the victim.
Selection of an expert
The examination is carried out by forensic medical experts with appropriate qualifications and experience. The expert may be selected from among the employees of state forensic institutions or other accredited expert institutions.
The examination procedure
A medical examination includes several stages:
- Examination of the victim: the expert conducts a physical examination of the victim, records all existing injuries, their location, size and other characteristics.
Examination of medical records: the expert analyses medical documents containing information about the initial examination, treatment and diagnostic procedures.
Laboratory and instrumental tests: if necessary, the expert may prescribe additional laboratory tests and instrumental tests to accurately determine the nature of the injury.
Expert's opinion: based on the results of the examination and research, the expert draws up an opinion in which he or she describes in detail all the injuries found, their severity and impact on the victim's health.
The importance of medical examination for justice
Legal qualification of a crime
The results of a medical examination are crucial for the correct qualification of a crime under Article 121 of the CCU. The expert's opinion helps determine whether the defendant's actions meet the criteria of intentional grievous bodily harm.
Evidence base
A medical examination report is one of the main pieces of evidence in a case of intentional grievous bodily harm. It is used to confirm or refute charges and to formulate a reasoned court decision.
Protection of the victim's rights
Medical expertise also contributes to the protection of the victim's rights by providing an objective assessment of the damage caused and substantiating claims for compensation for moral and material damage.
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Conclusion
Medical examination is an important element of the pre-trial investigation of cases of intentional grievous bodily harm. It provides an objective assessment of the nature and extent of the injuries, which allows for the correct classification of the crime and ensures a fair trial. The results of a medical examination play a key role in forming the evidence base and protecting the victim's rights. Contacting qualified lawyers at https://consultant.net.ua will help you ensure proper legal protection and achieve a fair resolution of the case.
