ON THE PROBLEM OF PROCEDURAL ERRORS IN FORENSIC MEDICAL EXPERTISE

Abstract

The article deals with procedural errors committed by the preliminary investigation bodies and the court, which are the subject of legal proceedings when deciding the issue of recognizing the conclusion of forensic experts as unacceptable evidence. The article analyzes the investigative and judicial practice, the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation on procedural errors committed during forensic medical examinations. In particular, the issues on the procedure for acquaintance with the decision on the appointment of an expert examination and the conclusion of an expert, the specifics of resolving the issue of the expert's removal, the procedural registration of a decision on the selection of an expert in an expert institution, and the specifics of resolving the issue of warning of criminal responsibility for giving a knowingly false conclusion are considered.