About errors in the appointment of forensic medical examination in cases of crimes in the field of artificial human reproduction

Abstract

It is impossible to establish the circumstances to be proved in the investigation of crimes related to medical errors without the use of special knowledge in the fi eld of forensic medicine. For the designated category of criminal cases, the expert opinion plays a key role in understanding the signs of the objective side of the crime. Unfortunately, in theory and in practice, there is still no uniform understanding of a number of concepts that are important for the development of a legally correct position by the parties to the prosecution and defense. This leads to problems when making procedural decisions by the investigation and the court, provokes public outrage. The article emphasizes that the experts make procedural, epistemological and activity errors in the production of all types of examinations. In relation to forensic medical expertise in cases of crimes in the fi eld of artifi cial human reproduction, some common errors that arise at the stage of formulating questions submitted for the expert’s permission are indicated. This study was carried out with the fi nancial support of the RFBR within the framework of scientifi c project No. 18-29-14084.