A Forensic Description of Iatrogenic Crimes
The article reveals a typical set of forensic information relevant to iatrogenic crimes. The result of the study is a systematic presentation of typical models of elements of a forensic description of crimes in question. In the study, the following general scientific methods were used: analysis, synthesis, and a system-structural method. The specific methods were statistical analysis, a comparative historical method, and expert assessment. The developed forensic description will contribute to the solution of the following tasks: (a) optimization of organizing and conducting a forensic medical examination of defects in the provision of medical care; (b) formation of basic knowledge in the field of forensic medicine in persons appointing a forensic medical examination; (c) prevention of provision of an insufficient amount of research materials for a forensic examination. The following conclusions are made in the article. (1) Approaches to the structure of the forensic methodology for investigating crimes in the field of medicine can be described as insufficiently complete and logically incomplete. (2) Having a structure of elements similar to the vast majority of crimes, iatrogenic crimes are characterized by the uniqueness of their content. (3) The central element of the forensic description of iatrogenic crimes is the victim of the crime. (4) The central element of the criminal's personality is professional rather than personal characteristics. (5) Iatrogenic defect as an element of iatrogenic crimes has no analogues in a forensic description. (6) The method of committing iatrogenic encroachment is a set of actions aimed at achieving a criminal result. (7) Time or, rather, the time period as an element of the situation of a forensic description of iatrogenic crimes has a unique content. (8) Unlike other crimes, the stage of the crime includes three substages: diagnosis, which establishes the patient's health status, determines their illness or injury; treatment, which is the impact on the patient's body with the help of medical manipulations and means; continuity, which is the making of a decision on the further provision of necessary medical care to a patient. The above allows solving the following problems: the appointment and commission of a forensic medical examination of defects in the provision of medical care; the lack of basic knowledge in the field of forensic medicine for forensic examiners; provision of an insufficient volume of material for a forensic medical examination.
Keywords
криминалистическая характеристика, ятрогения, ятрогенные преступления, расследование, forensic description, iatrogenesis, iatrogenic crimes, investigationAuthors
| Name | Organization | |
| Mazur Ekaterina S. | Tomsk State University | eksm1@mail.ru |
| Akhmedshin Ramil L. | Tomsk State University | raist@sibmail.com |
| Alexandrova Yana D. | West Siberian Branch of the Russian State University of Justice | makrickaya99@mail.ru |
References
A Forensic Description of Iatrogenic Crimes | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2020. № 451. DOI: 10.17223/15617793/451/30