Examination of the victim. Facial examinations

1. To detect special signs on a person’s body, traces of a crime, bodily harm, identifying the state of intoxication or other properties and signs relevant to the criminal case, if this does not require proceedings forensics, an examination of the suspect, accused, victim, as well as a witness may be carried out with his consent, except for cases where the examination is necessary to assess the reliability of his testimony. In urgent cases, the examination may be carried out before the initiation of a criminal case.

2. The investigator issues a resolution regarding the examination, which is mandatory for the person being examined.

3. The examination is carried out by the investigator. If necessary, the investigator involves a doctor or other specialist to participate in the examination.

4. When examining a person of the opposite sex, the investigator is not present if the examination is accompanied by nudity of this person. In this case, the examination is carried out by a doctor.

5. Photographing, video recording and filming in cases provided for by part fourth of this article, are carried out with the consent of the person being examined.

Commentary on Article 179 of the Criminal Procedure Code of the Russian Federation

1. Inspection is a type of inspection, the specifics of which are determined by the object of the actions being carried out, which is a person. Its essence lies in the fact that the investigator (and in certain cases on his behalf, the doctor) examines the suspect, accused, victim or witness (see part 4 of the commented article).

2. The commented article significantly expanded the goals for which this investigative action is being carried out. From now on, it can be carried out not only to detect special signs and traces of a crime on a person’s body, but also to detect bodily injuries, identify states of intoxication and other properties and signs that are important for a criminal case. In this case, an examination is possible if a forensic examination is not required.

3. While allowing the examination of a suspect, accused, or victim, the legislator simultaneously established that this action against a witness is permitted only with his consent, except in cases where the examination is necessary to assess the reliability of his testimony.

4. The examination is often urgent.

5. The suspect, accused, defense lawyer, victim and his representative have the right to file a petition for an examination.

6. The issue of conducting an examination is decided by the person conducting the investigation. Instructions on this matter from the prosecutor and the chief investigation department mandatory for the investigator. An appeal does not suspend their execution.

7. The decision to carry out the examination must indicate the grounds for carrying out this action, its purpose, as well as the person who will be subjected to the examination. Grounds for acceptance said decision are information about the possible presence on the body of the participants in the process named in the article of traces of a crime (traces of burns, abrasions, etc.), special features (tattoos, birthmarks, etc.), as well as data on the state of intoxication, etc. These factual data can be obtained from participants in the process (victims, witnesses, etc.), from operational investigative services, medical institutions and so on.

See also Appendix 69 to Art. 476.

8. Before the event starts investigative action the investigator announces the decision adopted on this matter, explains its binding nature for the person in respect of whom it was made.

9. For information about the persons whom the investigator may involve in participating in this investigative action, see parts 3 - 4 of the commented article. Unlike previous legislation, during the examination the participation of witnesses is not mandatory.

10. If a person refuses to participate in the examination, his arrest and subsequent forced examination may follow. At the same time, actions that are dangerous to a person or degrading his dignity are not allowed.

11. During the examination, clothing and shoes may be examined simultaneously. Usually these actions are recorded in one protocol.

12. The investigator cannot be present during the examination of a person of the opposite sex if it (the examination) is accompanied by nudity of the face, even if the latter does not object to this. In this case, the examination is carried out by a doctor.

13. Filming, photography, video recording in the cases provided for in Part 4 of the commented article is used with the consent of the person being examined.

Another comment on Article 179 of the Code of Criminal Procedure of the Russian Federation

1. Survey is a significant limitation constitutional law to personal integrity (Article 22 of the Constitution), and it should not be carried out without sufficient grounds. The basis for the examination is data on the possibility of achieving its goal, i.e. detection of special signs and traces of a crime on a person’s body. Besides factual grounds necessary and formal basis- a decision on the examination made by the investigator.

2. New Code of Criminal Procedure expanded the purposes of the examination, adding to them the detection of bodily injuries, identification of the state of intoxication, and other properties and signs relevant to the case, if this does not require an examination.

3. The suspect, accused, victim and witness may be subjected to examination. At the request of the person being examined or by own initiative the investigator may involve witnesses to the examination (Part 2 of Article 170 of the Code of Criminal Procedure). During the examination of the suspect and the accused, their defense attorney has the right to be present, and during the examination of the victim and witness - respectively, the representative of the victim (Part 3 of Article 45 of the Code of Criminal Procedure) and the lawyer of the witness (by analogy with Section 6 of Part 4 of Article 56 of the Code of Criminal Procedure).

The law requires that the investigator not be present during the examination of a person of a different gender. In this case, the examination is carried out by a doctor. Witnesses, if present during the examination, must be of the same gender as the person being examined. It is necessary that the investigator explain to the doctor the purpose of the examination, and upon completion, based on the doctor’s words, draw up an examination report, which the doctor must also sign.

1. To detect special signs on a person’s body, traces of a crime, bodily injuries, identify a state of intoxication or other properties and signs that are important for a criminal case, if this does not require a forensic examination, an examination of the suspect, accused, victim may be carried out, as well as a witness with his consent, except for cases when the examination is necessary to assess the reliability of his testimony. In urgent cases, the examination may be carried out before the initiation of a criminal case. 2. The investigator issues a resolution regarding the examination, which is mandatory for the person being examined. 3. The examination is carried out by the investigator. If necessary, the investigator involves a doctor or other specialist to participate in the examination. 4. When examining a person of the opposite sex, the investigator is not present if the examination is accompanied by nudity of this person. In this case, the examination is carried out by a doctor. 5. Photographing, video recording and filming in the cases provided for in part four of this article are carried out with the consent of the person being examined.

Legal advice under Art. 179 Code of Criminal Procedure of the Russian Federation

Mikhail Savukov

if possible call as soon as possible

Roman Shulepnikov

person on vehicle hit a cyclist (a 12-year-old child) to death on the side of the road, after which he refused to undergo a medical examination. explain how he can be examined and what is regulated, what will happen to parents for violation Traffic rules for a child and how is it regulated?

• Question answered over the phone

Larisa Egorova

• Lawyer's answer:

  I'll try to answer concisely in general view to both questions, as far as publicity and general character question. Honestly speaking, it’s a shame that people were “trained” this way (no offense to myself): as soon as you get everything, hire “hunters” for “goats”, go to the “lads”, etc. We are one of the first to work out civilized debt collection schemes (1994-1995), collecting from one of largest organizations in Russia (and remember what time it was..): 1. Search for stolen funds. In a criminal case, as victims, you have the right to insist on forensic economic other types of examinations, having raised the question of whether transactions relate to ordinary risk (expand the question, I’ll help you), you are required to familiarize yourself with the materials, with the conclusion (movement of cash and material resources track, identify “living” and “dead” debtors). I will not continue.2. “The leftovers are sweet” or “gnaw them out in parts”: in the pursuit of the “foundation” they forget the money scattered during the planned escape (this could be bricks, earth, anything that costs money..) as part of a claim (security) in a criminal proceeding - Art. 115 of the Code of Criminal Procedure of the Russian Federation or within the framework of gr. claims with transfer to you for storage - equipment, etc. all that remains are arrests on living receivables. If you invest in detective services, it will not be amiss.3. “Consolidate” your “battalion” of 400 people, select an initiative group. Housing construction - national project, that’s the direction. “Dwelling” is the domain of the Organized Crime Control Department, but their appetites can also be tempered by an independent investigation (or real threat such) .4. Insurers and banks. All information must be collected and carefully analyzed.5. What the hell is termination of a contract? If this transaction is void on the grounds of Art. 179 Civil Code of the Russian Federation. Dissolve invalid contract. Stas, think with your head!..6. 50/50 is a centuries-old tradition. This is how the Soviet official worked and works, this is how they launder “grandmothers” outside the border, “protection protection” for “scammers” is also 50/50 (with all the costs and in the overall calculation), etc. I didn’t come up with this idea, but not a single serious structure will work differently than 50/50 (this is about “contingent reward”): otherwise there is a risk of working to zero, there is no necessary backlash, etc. So, dear man, you yourself will most likely have to “master” this business, let and not without the help of others (as you know, “everyone is stupid in his own business”).7. Whatever one may say, the bankruptcy procedure is ahead, a consolidated package of 400 shareholders is a “destructive force,” but only consolidated and operationally used.8. It is necessary to work out in the courts the possibility of foreclosure. orders (so that there is dynamics): in principle written form transactions, you will always have time to nullify them. 9. Start working closely with the build. org. -yami, maybe someone will take “bail”: ideally: “the representative supervising the national project - your team - is building. organization-bank". 10. Everything may have to be destroyed and collected (to hell with it, as for invalidity, if the very creation of housing cooperatives does not qualify as false entrepreneurship.. then at all) When, how, by whom the construction was frozen - find out thoroughly. Everything that relates to this process should the documentation be seized by the Organized Crime Control Department? When, before or after? 11. Who controls? general meeting, elect leadership? At least for a while. We must not forget about corporate methods.12. The essence of the moment is this: when assets depreciate, creditors count interest, so to speak, “fall in shares.” Who plays it? Is a moratorium possible, agreements with any creditors, is it possible to make the form of the “share” more dynamic (from collateral to other forms, I’ll leave it here too), convert the “shares” into other types of obligations? More liquid. 13. Customers - developers, inspection organizations: reconciliations, inspections, estimate documentation. permissions - everything is on the table14. You must be aware of ALL proceedings in the case. Have a script, calculate someone else’s and replay it. Not everything is so gloomy

Maria Petukhova

How to recognize a purchase and sale transaction as invalid?

Nikita Grishukhin

What else can be done? We rented an apartment, signed an agreement, paid two months' rent, upon a detailed inspection of the apartment, it turned out that the faucets in the kitchen and bathroom, the barrels in the toilet, and the gas stove did not work either, in ours one year old child It’s impossible to live in such conditions, they offered the landlady to fix the problem or return our money, for a week they tried to resolve the situation peacefully, it didn’t work out, she won’t do the repairs, (do it yourself and then take it with you when you leave), well, he also refuses to return the money, wait a while Once a couple of months for which we paid, we went to court, the court found out that she was not the owner of the apartment, we wrote to the police about fraud, we received an answer that over the phone the investigator found out that she had a power of attorney, and We were denied a criminal case, we wrote to the prosecutor's office, received an answer, the owner was called to the department, she refused to present any documents for this apartment, the criminal case was denied, what else can be done

• Lawyer's answer:

  The refusal to initiate a criminal case can be challenged in court according to from Art. 125 Code of Criminal Procedure of the Russian Federation. It is also possible to file a Claim “On recognizing the Apartment Rental Agreement as invalid under Article 178 or 179 of the Civil Code of the Russian Federation” within the framework of civil proceedings. To resolve these issues, it is better to contact a Lawyer (attorney)

Polina Mikhailova

What does a witness to an offense need to know? Can he refuse to testify? Why are some people reluctant to testify in a case?

• Lawyer's answer:

• Elizaveta Lazareva

  Minors in court. Help me please!!. Specific features of legal proceedings with minors are needed. For example, if a child witnessed a crime. What rights does he have in court, who should be present, who should be interrogated, how to interrogate! Very necessary!

  • Lawyer's answer:

• Alla Efimova

  My ex wants and can deprive me of paternity. Daughter is 9 years old. I pay child support voluntarily. At the same time, he forbids seeing her.. I pay through Sberbank, I don’t indulge in alcohol or other substances. . He is mentally healthy, but he is trying to prove that I abused the child and says that the statement has been in the police department for a long time...

  • Lawyer's answer:

    If there is nothing against you (alcohol, drugs, antisocial behavior, mental status, and so on), then your ex’s actions are illegal. By Family Code RF rights and responsibilities are the same for both parents. Her ban on seeing each other can be appealed through the court, establishing a procedure for communicating with the child. Do you pay child support? This is good, but officially, with documents? If not, apply urgently official order alimony payments so that you are not framed. Deprivation of paternity? Are you scared or have you already filed a lawsuit? In general, take action! Legal services I can provide it, but not for free.

Daniil Barabanov

What investigative action needs to be carried out to detect and seize the crime weapon? criminal process

• supposedly a search

Yulia Medvedeva

Please tell me - all investigative actions should be carried out only after charges have been filed and instituted. criminal case or they may exist before that. I won’t write all the details here - I’ll just say that the authorities require an examination to determine the value of one thing, which may constitute a crime

• Lawyer's answer:

• Veronica Smirnova

  Has anyone experienced a Kirby vacuum cleaner being snatched in? My sister entered into a purchase agreement for 140 thousand. How can I terminate the agreement?

  • Lawyer's answer:

    Easy, no money, no vacuum cleaner... vacuum cleaner brand "KIRBY Sentria", has significant shortcomings, expressed in exceeding the level sound pressure regarding the maximum permissible, which do not comply established requirements and make it unsafe to use. Rospotrebnadzor in Moscow draws the attention of citizens wishing to purchase a Kirby vacuum cleaner to a number of important points. The agency emphasizes that coercion to enter into an agreement is not permitted. Civil Code, and transactions made under the influence of delusion, deception, or threat may be declared invalid by the court. 1. When deciding to purchase a particular product on the recommendation of sellers-distributors who, according to citizens, “obsessively break into the house and offer their services,” you need to know that general Rule, enshrined in clause 2 of Art. 1 of the Civil Code of the Russian Federation, citizens are free to establish their rights and obligations on the basis of contracts, and coercion to conclude an agreement is not allowed (clause 1 of Article 421 of the Civil Code of the Russian Federation). At the same time, they acquire and exercise these rights solely of their own will and in their own interest (Clause 2 of Article 1 of the Civil Code of the Russian Federation). 2. Among other things, the Civil Code of the Russian Federation establishes and legal basis declaring transactions invalid by the court (see Article 167 of the Civil Code of the Russian Federation). Such, in particular, may be recognized as transactions made under the influence of misconception (Article 178 of the Civil Code of the Russian Federation), or transactions made under the influence of deception, threat, malicious agreement between a representative of one party and the other (Article 179 of the Civil Code of the Russian Federation). 3. It must be borne in mind that in accordance with paragraph 1 of Art. 11 of the Civil Code of the Russian Federation and clause 1 of Art. 17 of the Law of the Russian Federation "On the Protection of Consumer Rights", protection of consumer rights... carried out by the court. 4. In accordance with Art. 5 Civil procedural code Russian Federation(Civil Procedure Code of the Russian Federation), "justice according to civil cases, subordinate courts general jurisdiction, is carried out only by these courts according to the rules, established by law O civil proceedings". 5. According to Article 1 of the Federal constitutional law dated December 31, 1996 No. 1-FKZ "O judicial system Russian Federation", " judicial branch independent and acts independently of legislative and executive branch", while "no other bodies or persons have the right to take over the administration of justice." 6. If, nevertheless, a citizen believes that the seller has committed crimes against him fraudulent activities, responsibility for which is provided for in Art. 159 of the Criminal Code of the Russian Federation, he has the right to appeal to law enforcement agencies by providing as evidence copies of payment documents confirming the fact of payment relevant goods, as well as other documents related to the substance of his appeal. Recall to the powers Federal service for supervision in the field of consumer rights protection and human well-being, in particular, include: * state control for compliance with laws and other regulatory legal acts of the Russian Federation governing relations in the field of consumer rights protection; * monitoring compliance with the rules of sale of individual provided for by law types of goods, performance of work, provision of services The Service also has the right to suppress facts of violation of the legislation of the Russian Federation in the established field of activity. This is determined by Decree of the Government of the Russian Federation of June 30, 2004 N 322.

    not legal

Nadezhda Filippova

Lawyers and judge! Please help.... What to do if the court sentenced the guarantor to pay a large amount of money? Because the borrower is not officially listed as working (he changes jobs every month). A letter came from the bank - to pay the entire amount in the coming days, and in otherwise for each day of delay, a 7% penalty will be charged or 50% of the salary will be withheld. Large family: 2 students and a student. Please advise what we should do?

• Lawyer's answer:

  You can first talk about this topic with bank representatives describing the situation. The bank's decision means nothing. After proper filing of a claim by the bank, submit documentary evidence of your serious situation to the court. financial situation to court. 50%, 7% and other types of liability for at this stage these are nothing more than “horror stories” and “wish-lists” from the bank, so any frightening letters from the bank should be treated calmly. And you shouldn’t worry about all sorts of trifles, and not about trifles either - lost health cannot be bought!))

Valery Pakhmutov

Based on a statement by citizen Z. about the rape of her by citizen B., a criminal case was opened. Based on the statement of citizen Z. about the rape of her by citizen B., a criminal case was opened and accepted for investigation by the investigator. After interrogating Z., the investigator invited her to appear at the prosecutor's office next month for an examination. However, Z. did not appear at the prosecutor's office; the investigator sent her a summons by courier, but Z. refused to accept the summons, declaring her unwillingness to undergo an examination, which she considered humiliating. By order of the investigator, the victim was brought in and, without her consent, was examined by a doctor in the presence of 2 female witnesses. The data discovered by the doctor is entered into the protocol by the investigator; The protocol was signed by the investigator, doctor, witnesses, and the victim. At the request of the victim Z., the protocol notes that the examination was carried out against her will. Evaluate the correctness of the investigator’s actions, referring to the legal framework (CCP).

Lawyer's answer:

Maybe on the contrary, they are not subject to questioning as witnesses? ! Chapter 8. OTHER PARTICIPANTS IN CRIMINAL PROCEEDINGS Article 56. Witness1. A witness is a person who may be aware of any circumstances relevant to the investigation and resolution of a criminal case, and who is called to testify.2. Summoning and questioning of witnesses is carried out in the order established by articles 187 - 191 of this Code. Part three of Article 56 is subject to application in accordance with its constitutional and legal meaning, identified in the Definition Constitutional Court RF dated 02/06/2004 N 44-O.3. The following are not subject to questioning as witnesses: 1) a judge, a juror - about the circumstances of a criminal case that became known to them in connection with participation in the proceedings in this criminal case; Clause 2 of part three of Article 56 is subject to application in accordance with its constitutional and legal meaning , identified in the Determination of the Constitutional Court of the Russian Federation dated March 6, 2003 N 108-O.2) lawyer, defender of the suspect, accused - about the circumstances that became known to him in connection with the appeal to him for legal assistance or in connection with its provision; (clause 2 as amended. Federal Law dated 04.07.2003 N 92-FZ) 3) lawyer - about the circumstances that became known to him in connection with the provision of legal assistance; 4) clergyman - about the circumstances that became known to him from confession; 5) member of the Federation Council, deputy State Duma without their consent - about the circumstances that became known to them in connection with the exercise of their powers.4. A witness has the right: 1) to refuse to testify against himself, his spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If a witness agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony; 2) testify on native language or the language he speaks;3) use the help of an interpreter free of charge;4) challenge the interpreter participating in his interrogation;5) file petitions and bring complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor and court;6) appear for questioning with a lawyer in accordance with part five of Article 189 of this Code; 7) apply for the application of security measures provided for in part three of Article 11 of this Code.5. A witness cannot be forcibly subjected to a forensic examination or examination, except for the cases provided for in part one of Article 179 of this Code.6. A witness does not have the right to: 1) avoid appearing when summoned by an inquirer, investigator or in court; (as amended by Federal Law No. 87-FZ dated 05.06.2007) 2) knowingly give false testimony or refuse to give testimony; 3) disclose data preliminary investigation that became known to him in connection with participation in criminal proceedings, if he was warned about this in advance in the manner established by Article 161 of this Code.7. In case of evasion of appearance without good reasons the witness may be brought into custody.8. For the dacha obviously false testimony or refusal to testify, the witness is liable in accordance with .9. For the disclosure of preliminary investigation data, the witness is liable in accordance with Article 310 of the Criminal Code of the Russian Federation.

1. To detect special signs on a person’s body, traces of a crime, bodily injuries, identify a state of intoxication or other properties and signs that are important for a criminal case, if this does not require a forensic examination, an examination of the suspect, accused, victim may be carried out, as well as a witness with his consent, except for cases when the examination is necessary to assess the reliability of his testimony. In urgent cases, the examination may be carried out before the initiation of a criminal case.

(as amended by Federal Law dated December 2, 2008 N 226-FZ)

(see text in the previous edition)

2. The investigator issues a resolution regarding the examination, which is mandatory for the person being examined.

3. The examination is carried out by the investigator. If necessary, the investigator involves a doctor or other specialist to participate in the examination.

4. When examining a person of the opposite sex, the investigator is not present if the examination is accompanied by nudity of this person. In this case, the examination is carried out by a doctor.

5. Photographing, video recording and filming in the cases provided for in part four of this article are carried out with the consent of the person being examined.

Commentary on Article 179

1. An examination is an investigative action consisting of examining a living person, a type of examination whose object is the human body.

2. The basis for the examination is information (factual data) that the person’s body probably has: a) special marks (scars, tattoos); b) traces of a crime (for example, microparticles); c) bodily injuries (beatings, wounds, scratches), as well as that the state of the body and other inherent signs (state of intoxication, height, weight, injection marks, visual acuity) are relevant to the case. The body of information that forms the basis for the examination may include operational investigative information that does not contradict criminal procedural evidence.

3. An examination is resorted to if a forensic medical examination is not required to achieve its goals - finding the said traces, signs, signs or determining conditions. The criterion for distinguishing between examination and examination is the degree special knowledge, necessary for the correct recording of traces on the body or conditions of the body, as well as the presence or absence of the need to conduct research. For example, to find traces of injections on a suspect’s body, an examination with the participation of a medical specialist is sufficient. Grounds for ordering a forensic medical examination arise if, in addition to the fact of the presence of traces, it is necessary to determine them quality characteristics, which cannot be established by visual observation. The examination may precede the examination.

4. The accused, suspect, victim, as well as a witness with his consent may be subjected to examination. Persons without procedural status during the proceedings on a criminal case, they are not examined.

5. The decision to conduct an examination is formalized by a resolution (see also Part 1 of Article 164 of the Code of Criminal Procedure).

6. The examination is ensured by coercion. The investigator's decision is mandatory for the accused, suspect, and victim. It is mandatory for a witness only if it is a means of verifying his testimony. If the reliability of the witness’s testimony does not raise doubts or can be exhaustively verified in another way, the examination of this participant criminal proceedings is unacceptable (for example, a witness testified that from a distance of 10 m he could not distinguish the license plate of a car, and from his medical history it is clear that he suffers from severe myopia). The reasons for examining a witness must be set out in a resolution indicating specific information in his testimony, requiring verification of its reliability.

7. In case of failure to comply with the requirement for an examination by the participants in the process, for whom (including witnesses) it is mandatory, it may be applied to them physical strength. Physical pressure can be exerted by police officers who are not participants in the examination. However, such coercion must meet certain conditions. Firstly, it is a measure of last resort that should be resorted to exceptional cases, after exhausting measures of persuasion. Secondly, it must be the minimum necessary, not humiliating the honor and dignity of the individual, not harmful to health and not of a violent nature. Thirdly, it must be differentiated taking into account procedural provision the person being examined and his position in the case. It does not contradict the purpose and principles of criminal proceedings to make a decision to refuse to conduct an examination of a victim or witness (if there are grounds) due to the impossibility of it real performance without violating the above conditions.

8. Inspection, i.e. an examination of the body or a check of the condition of the body is carried out personally by the investigator, in which he may be assisted by a doctor or other specialist.

9. The examination is carried out without the participation of witnesses, unless the investigator, at the request of the persons participating in this case, or on his own initiative, makes a different decision (parts 1, 2 of Article 170 of the Code of Criminal Procedure).

10. The concept of “exposure” is evaluative. Investigator's choice correct behavior(resign or be present during the examination of a person of the other sex in specific situation) is more of a moral issue than a legal one. There cannot be exhaustive legislative criteria here. The investigator must proceed from general, preferably the most conservative, ideas about morality. The person being examined does not have consent to the presence of an investigator of a different gender. legal significance because the law protects public interest. The specialist doctor can be of any gender.

11. The protocol of the examination conducted by the doctor in the absence of the investigator is drawn up by the investigator from his words. Additional funds recordings (photography, etc.) are used only with the consent of the person being examined.

12. An examination of a person against whom a decision has been made to initiate a criminal case is possible before obtaining the consent of the prosecutor to initiate the case. Such an examination should be considered exceptional, since at this stage the person does not have the procedural status of a suspect. Examination of other persons before the start of a preliminary investigation is permissible only with their consent. Before a decision is made to initiate a criminal case, an examination is not carried out.

The examination of the victim, which has been successfully carried out for many years by highly qualified specialists of the NP "Federation" Forensic Experts"is an independent investigative action, during which a person’s body is examined for the presence or absence of distinctive signs, bodily injuries or traces of a crime. Also during the examination, the person’s condition is examined for alcohol and drug intoxication.

All of these factors may have great importance for investigation and development of criminal cases. Direct research is carried out through observation and recording of the obtained data in an official protocol. The examination of the victim can be carried out at the stage judicial investigation or preliminary investigation.

The medical examination of the victim, carried out by experts from the NP "Federation of Forensic Experts", like all other examinations and studies, has its own own order actions, which are given below for your attention:

• a decision is made on conducting an examination, the possibility and necessity of its conduct;
• a corresponding resolution is created;
• a medical expert is invited to be examined, and in in some cases witnesses and witnesses;
• all those present are informed of their duties and rights;
• those present are informed of the procedure for conducting the examination and the responsibility of each person;
• those present listen to the instructions and sign a document on non-disclosure of the progress of the research and its results;
• The body of the person being examined is searched for special signs, traces of a crime, injuries and other signs that may be important for the investigation or judicial trial;
• objects found are recorded in the protocol and, if necessary, recorded on video or photo media;
• the protocol describes the distinctive features of each object found on the body of the person being examined;
• in case of discovery of physical evidence or substances related to the case, the latter are confiscated, packaged and sealed;
• completion of logging.

The actual basis for conducting an examination of the victim is the content of evidence in the case indicating the involvement of the person being examined in the case. In addition to evidence, the basis may be witness's testimonies or operational information.

As part of the examination, a search is made for objects on the human body that are relevant to the case. This search applies exclusively to the human body. The law of the Russian Federation stipulates that the human body or its parts are considered to be the torso, head, legs and arms, including natural and other openings in the human body. If necessary, search individual objects, which are not located on the body, a personal search may be applied.

During the examination, important part is the discovery by experts of the NP "Federation of Forensic Experts" of special, distinctive signs in a person. These may include amputated or defective parts of the body, injuries, mutilations, birthmarks, warts, scars, cicatrices, peculiarities of movement and movement in separate parts bodies, facial asymmetry, baldness, speech impediments, different colors of eyes, the presence of tattoos and other non-standard signs of a person.

An obligatory stage of the examination is the detection of traces of a crime. These include: fresh bodily injuries, microparticles and particles of semen, blood, gunpowder and other relevant parts. Experts of the NP "Federation of Forensic Experts" consider bruises, knife, gunshot and other wounds, abrasions, bruises, burns, scratches, lesions to be considered bodily injuries. electric shock, frostbite, damage caused by insects and animals, bites, traumatic injuries and damage to health caused by exposure to various harmful toxic substances (tear, irritant, corrosive, etc.). Other non-standard anthropometric features, features of his appearance, parts of his body and any other important signs can also be identified: face shape and color, age, eye color, hair, etc.

The examination is not carried out if the need for a forensic medical examination is immediately determined. Also, during the examination of the victim, it may be discovered that a more serious procedure is necessary - judicial medical examination, which can also be carried out by specialists from the NP "Federation of Forensic Experts".

According to the Law of the Russian Federation, only the following can be examined:

• suspect;
• accused;
• witness;
• victim.

Examination is not possible until the person becomes one of the objects listed above. For example, a person will become accused only after signing authorized person a document regarding the involvement of this person in the case under investigation as an accused. The suspect is a person:

• detained under Articles 91 and 92 of the Code of Criminal Procedure of the Russian Federation;
• against whom a criminal case has been initiated;
• in custody and awaiting arraignment.

A decision recognizing a person as a victim can be made only after the start of a criminal case against a person who has suffered mental, physical or moral injury, or in relation to legal entity, whose property or reputation has been damaged. A witness is a person who is likely to have information that is relevant to the case.

You should know that examination of a witness is not possible without his own consent, except in cases where it is necessary to verify the reliability of the witness’s testimony.

The examination of the victim has quite a lot various nuances and complex features, but do not worry, the experts of the NP "Federation of Forensic Experts" know their subject very well. Federation specialists have been conducting surveys and forensic medical examinations, therefore, in addition to thorough theoretical knowledge, they have great practical experience, which will undoubtedly help you in resolving issues related to investigative or judicial proceedings.

. Survey

1. To detect special signs on a person’s body, traces of a crime, bodily injuries, identify a state of intoxication or other properties and signs that are important for a criminal case, if this does not require a forensic examination, an examination of the suspect, accused, victim may be carried out, as well as a witness with his consent, except for cases when the examination is necessary to assess the reliability of his testimony. In urgent cases, the examination may be carried out before the initiation of a criminal case.

2. The investigator issues a resolution regarding the examination, which is mandatory for the person being examined.

3. The examination is carried out by the investigator. If necessary, the investigator involves a doctor or other specialist to participate in the examination.

4. When examining a person of the opposite sex, the investigator is not present if the examination is accompanied by nudity of this person. In this case, the examination is carried out by a doctor.

5. Photographing, video recording and filming in the cases provided for in part four of this article are carried out with the consent of the person being examined.

Commentary on Article 179

1. Inspection is a type of inspection, the specifics of which are determined by the object of the actions being carried out, which is a person. Its essence lies in the fact that the investigator (and in certain cases, on his behalf, a doctor) examines the suspect, accused, victim or witness (see part 4 of the commented article).

2. The commented article significantly expanded the goals for which this investigative action is being carried out. From now on, it can be carried out not only to detect special signs and traces of a crime on a person’s body, but also to detect bodily injuries, identify states of intoxication and other properties and signs that are important for a criminal case. In this case, an examination is possible if a forensic examination is not required.

3. While allowing the examination of a suspect, accused, or victim, the legislator simultaneously established that this action against a witness is permitted only with his consent, except in cases where the examination is necessary to assess the reliability of his testimony.

4. The examination is often urgent.

5. The suspect, accused, defense lawyer, victim and his representative have the right to file a petition for an examination.

6. The issue of conducting an examination is decided by the person conducting the investigation. Instructions in this regard from the prosecutor and the head of the investigative department are mandatory for the investigator. An appeal does not suspend their execution.

7. The decision to carry out the examination must indicate the grounds for carrying out this action, its purpose, as well as the person who will be subjected to the examination. The basis for making this decision is information about the possible presence on the body of the participants in the process named in the article of traces of a crime (traces of burns, abrasions, etc.), special features (tattoos, birthmarks, etc.), as well as data on the condition intoxication, etc. This factual data can be obtained from participants in the process (victims, witnesses, etc.), from investigative services, medical institutions, etc.

8. Before the start of an investigative action, the investigator announces the decision adopted on this matter and explains its binding nature for the person in respect of whom it was made.

9. For information about the persons whom the investigator may involve in participating in this investigative action, see parts 3 - 4 of the commented article. Unlike previous legislation, during the examination the participation of witnesses is not mandatory.

10. If a person refuses to participate in the examination, his arrest and subsequent forced examination may follow. At the same time, actions that are dangerous to a person or degrading his dignity are not allowed.

11. During the examination, clothing and shoes may be examined simultaneously. Usually these actions are recorded in one protocol.

12. The investigator cannot be present during the examination of a person of the opposite sex if it (the examination) is accompanied by nudity of the face, even if the latter does not object to this. In this case, the examination is carried out by a doctor.