Sources of error in criminal proceedings against physicians

The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article considers the types of evidence that are taken into account in the investigation of criminal offenses. Such evidenceshould include: explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technicalmeans that have the functions of photography and filming, video recording, or means of photography and filming, video recording. Thepossibility of using evidence in the investigation of crimes is considered.During the criminal proceedings, a new entity is identified, which is actually engaged in the investigation of criminal offenses,such an entity is the investigator. Inquiry is a new unit that investigates criminal offenses. Inquiries are carried out by inquiry subdivisionsor authorized persons of other subdivisions.A criminal offense is an act (action or omission) provided by the Criminal Code, for which the main penalty is a fine of not morethan three thousand non-taxable minimum incomes or other punishment not related to imprisonment. Procedural sources of evidencein criminal proceedings on criminal offenses, in addition to certain Art. 84 of the CPC, there are also explanations of persons, the resultsof medical examinations, expert opinion, indications of technical devices and technical means that have the functions of photographyand filming, video recording, or means of photography and filming, video recording.The legislator does not rule out that the sources of evidence are testimony, physical evidence, documents, expert opinions, but infact the explanations of persons, the results of medical examinations, expert opinion, indications of technical devices and equipmentthat have the functions of photography and filming, video or photo – and filming, video recordings are also identified as sources of evidence.The purpose of such a division is to distinguish between sources of evidence that can be used to prove crimes and criminal offenses.In addition, there is a misunderstanding – what exactly can we use to form the evidence base in criminal proceedings.

Provision of Immediate Conduction of a Medical Examination of a Person as a General Duty of a Judge for the Protection of Human Rights in Aspect of Article 206 of the Criminal Procedural Code of Ukraine

Special knowledge is important in the formation of the evidence base in criminal proceedings. With the help of special knowledge, it is possible to establish facts and reproduce events that cannot always be determined through the testimony of participants in the process or through investigative actions. The use of special knowledge is regulated by law, but in practice there are examples of inappropriate compliance with the procedure for attracting specialists and experts as carriers of special knowledge, assigning and conducting examinations and special studies, and correctly assessing the results obtained. In this connection, the purpose of scientific research is to study the procedural requirements for the use of special knowledge in criminal proceedings and to identify problems that arise in law enforcement practice. The authors used methods of comparative analysis, formal logic and documentary control in the research process. As a result, the authors formed their view on the use of special knowledge in criminal proceedings in order to assist specialists in assessing evidence and their sources at the stage of pre-trial proceedings, presented criteria for analyzing the quality of the use of special knowledge (expert and specialist opinions) and the materials of a criminal case that influence their quality, used in the conclusions of experts and specialists in accordance with the requests of legal practice. The value of the study lies in the fact that the authors proposed independent solutions to overcome problems associated with the use of special knowledge in criminal proceedings.

The Criminal Procedure Act significantly changed the rules of expert evidence, so e.g. in order to prevent the prolongation of the procedures, it attempts to direct the process of appointing experts and evaluating expert opinions into a reasonable channel in order to make a considered and timely decision. The time that has passed since the entry into force of the law already allows us to examine the practice of law enforcement. I believe that the biggest change comes from the regulation of the private expert opinion, which allows the defendant and his defense to have equalrights in the criminal proceedings, which also follow from the principle of equality of arms. And all of this strengthens the fairness of the procedure in general, which can be a guarantee of the birth of judicial verdicts that are also close to the material truth.

One of the most frequently used special investigative activities is the control of the means of communication. Hence, the current research was conducted with respect to this special investigative activity. The purpose of the present research is to identify legal and practical problems encountered when conducting the control of special investigation activities—the means of communication and the subsequent use of the information obtained during the criminal process, as well as determining the most important legal problems, defining them and finding the right legal solutions. The material and methods used during the preparation of this publication included an expert survey that was used to obtain all the necessary data for the research. The comparative and logical methods were used for the analysis and description of regulations, court decisions, scientific literature and expert opinions. Methods of interpretation of legal norms have also been used in this research. The specific nature of special investigative activities creates both legal and practical challenges, which can be overcome when conducting criminal proceedings so that the information obtained by the control of means of communication during the special investigative activities can be used as legal evidence during criminal proceedings. As a conclusion of the research, legal solutions to the identified legal problems regarding the issue researched upon are proposed. Keywords: criminal procedure; evidence; special investigative activities.

Improving the activities of pre-trial investigation and judicial review largely depends on the increased use of special knowledge in forensic investigative practice and, above all, the involvement of an expert and their analysis. The relevance of the subject matter is explained by the need to introduce new forms and approaches to evaluating the reliability of expert opinions, in particular with the involvement of independent specialists of the corresponding speciality. The purpose of this study was to provide arguments regarding the expediency of attracting knowledgeable persons as reviewers to evaluate the objectivity and completeness of forensic analysis, the correctness of the methods and techniques applied by the expert, and the validity of the opinion. To achieve this purpose, the following general scientific and special research methods were used: Aristotelian, comparative legal, functional, sociological, statistical, system and formal legal analysis, legal modelling, and forecasting. It was established that in the vast majority of countries of the world, except Ukraine, an independent, knowledgeable person with special knowledge in the corresponding field is involved to help evaluate the reliability of an expert opinion. It was proved that contacting knowledgeable persons to evaluate the objectivity, validity, completeness of expert research helps establish the causality between the identified features of the object of analysis and the fact that is subject to establishment, and also gives grounds for determining the affiliation, admissibility, reliability, and sufficiency of the expert opinion. At the same time, a specialist's review cannot serve as a source of evidence, but only has an auxiliary (advisory, technical) nature and can serve as a basis for appointing a second (additional) forensic analysis or a cross-examination of the expert and the reviewer. To exercise the rights of individuals to fair justice, it is proposed to introduce this procedure for evaluating the reliability of expert opinions in Ukraine, with the necessary changes in the current procedural legislation of Ukraine to provide an opportunity for participants in criminal proceedings and the victim to attract knowledgeable persons as reviewers of expert opinions

the expertise and credibility of expert witnesses, and those expectations need to be met to ensure that appropriate consideration is given to their evidence. Technologists give crucial engineering, biochemical, and environmental opinion testimony that can have implications for the suitability of projects involving vast capital investment and the potential for serious environmental, social, and economic effects. Technologists also give evidence in criminal proceedings, and the credibility of that testimony will often be the difference between a guilty or not guilty verdict. Regardless of the type of legal system or social structure within a community, legal decision making will involve inquiry and an increasing reliance on expert opinion. Thus, it is crucial that in any program of technology education, lay perceptions and misconceptions are anticipated and accommodated so that technologists are taught how to effectively communicate their work and the importance of that communication as an aspect of the integration of technology into society (Jones, 1997).

The court experts and the opinions prepared by them, play an important role in criminal proceedings, especially in connection with the intensive development of forensic science and forensic techniques. In such conditions, evidence obtained from expert opinions often plays the inglorious role of resolving important trial issues. It should be noted that the average judge do not have knowledge of all scientific fields. By extension, they must base their judgments on knowledge and someone else's experience. These people are called court experts. Currently, there are over 19 440 court experts in Poland listed on the lists kept by the presidents of district courts. To draw up opinions, judges also appoints ad hoc experts due to their specialized knowledge. As a result, the number of people who draw up opinions for courts increases to 20,000. Out of so many people drawing up opinions for courts, there are only six from the bloodstain pattern analysis. Moreover, only four of them were renewed by courts in 2024.

В статье рассматривается деятельность оценочного суждения-одной из форм судебно – лингвистической экспертизы, которая является важной для решения актуальных проблем в жизни современного общества. Всем нам известно, что защита прав и личности человека является приоритетным правовым направлением в современном обществе. Поэтому в то время, когда современная медиасреда – это все большее распространение судебных исков о защите чести, достоинства и деловой репутации, возникающих в связи со спорными ситуациями в средствах массовой информации, сети интернет и при публичном общении, широко применяется лингвистическая экспертиза материалов. Оценивая употребление слов в составе конфликтных текстов, эксперт-лингвист делает выводы, проводя филологический анализ текста. Заключение эксперта считается одним из основных доказательств в гражданском или уголовно-процессуальном процессе. Известно, что при проведении лингвистической экспертизы важнейшую роль играет фиксация сведений средствами языка и речи, разграничение оценочных суждений, а также субъективного мнения автора текста. Оценочное суждение-ценное основание для лингвистической экспертизы событий или рассматриваемых ситуаций, свойств и действий людей на каком-либо уровне ранга с оценкой той или иной ценности с точки зрения чего-то хорошего или плохого. Ключевые слова: судебно-лингвистическая экспертиза, оценочное суждение, оценка, право, конфликтные тексты, эксперт-лингвист.

PurposeAcute gastrointestinal (GI) dysfunction and failure have been increasingly recognized in critically ill patients. The variety of definitions proposed in the past has led to confusion and difficulty in comparing one study to another. An international working group convened to standardize the definitions for acute GI failure and GI symptoms and to review the therapeutic options.MethodsThe Working Group on Abdominal Problems (WGAP) of the European Society of Intensive Care Medicine (ESICM) developed the definitions for GI dysfunction in intensive care patients on the basis of the available evidence and current understanding of the pathophysiology.ResultsDefinitions for acute gastrointestinal injury (AGI) with its four grades of severity, as well as for feeding intolerance syndrome and GI symptoms (e.g. vomiting, diarrhoea, paralysis, high gastric residual volumes) are proposed. AGI is a malfunctioning of the GI tract in intensive care patients due to their acute illness. AGI grade I = increased risk of developing GI dysfunction or failure (a self-limiting condition); AGI grade II = GI dysfunction (a condition that requires interventions); AGI grade III = GI failure (GI function cannot be restored with interventions); AGI grade IV = dramatically manifesting GI failure (a condition that is immediately life-threatening). Current evidence and expert opinions regarding treatment of acute GI dysfunction are provided.ConclusionsState-of-the-art definitions for GI dysfunction with gradation as well as management recommendations are proposed on the basis of current medical evidence and expert opinion. The WGAP recommends using these definitions for clinical and research purposes.Electronic supplementary materialThe online version of this article (doi:10.1007/s00134-011-2459-y) contains supplementary material, which is available to authorized users.

To present the most updated American College of Radiology consensus guidelines formed from an expert panel on treatment of locally advanced, high-risk prostate cancer METHODS:: The American College of Radiology Appropriateness Criteria are evidence-based guidelines for specific clinical conditions that are reviewed annually by a multidisciplinary expert panel. The guideline development and revision include an extensive analysis of current medical literature from peer-reviewed journals and the application of well-established methodologies (RAND/UCLA Appropriateness Method and Grading of Recommendations Assessment, Development, and Evaluation or GRADE) to rate the appropriateness of imaging and treatment procedures for specific clinical scenarios. In those instances where evidence is lacking or equivocal, expert opinion may supplement the available evidence to recommend imaging or treatment. The panel summarized the most recent and relevant literature on the topic and voted on 4 clinical variants illustrating the appropriate management of locally advanced, high-risk cancer. Numerical rating and commentary reflecting the panel consensus was given for each treatment approach in each variant. Aggressive local approaches including surgery followed by adjuvant XRT, beam combined with androgen deprivation therapy, and beam combined with brachytherapy have resulted in unpresented success in locally advanced, high-risk prostate cancer. By combining most recent medical literature and expert opinion, this guideline can aid clinicians in the appropriate integration of available therapeutic modalities.

The contemporary air‐sea flux of CO2 is investigated by the use of an air‐sea flux equation, with particular attention to the uncertainties in global values and their origin with respect to that equation. In particular, uncertainties deriving from the transfer velocity and from sparse upper ocean sampling are investigated. Eight formulations of air‐sea gas transfer velocity are used to evaluate the combined standard uncertainty resulting from several sources of error. Depending on expert opinion, a standard uncertainty in transfer velocity of either ~5% or ~10% can be argued and that will contribute a proportional error in air‐sea flux. The limited sampling of upper ocean fCO2 is readily apparent in the Surface Ocean CO2 Atlas databases. The effect of sparse sampling on the calculated fluxes was investigated by a bootstrap method, that is, treating each ship cruise to an oceanic region as a random episode and creating 10 synthetic data sets by randomly selecting episodes with replacement. Convincing values of global net air‐sea flux can only be achieved using upper ocean data collected over several decades but referenced to a standard year. The global annual referenced values are robust to sparse sampling, but seasonal and regional values exhibit more sampling uncertainty. Additional uncertainties are related to thermal and haline effects and to aspects of air‐sea gas exchange not captured by standard models. An estimate of global net CO2 exchange referenced to 2010 of −3.0 ± 0.6 Pg C/year is proposed, where the uncertainty derives primarily from uncertainty in the transfer velocity.

Considering the value of the protective object, the crime of murder is one of the most socially dangerous crimes. The aim of the paper is to point out the importance and tasks of forensic medical expertise in court proceedings for criminal offenses of murder. The intention was also to make suggestions for improving those parts of the process of forensic medical examination and the determination of homicide in general, which in everyday practical forensic work were found not to function as they should. In suspected murder cases the investigative procedure is based on two processes, criminal investigation and expert examination. Forensic autopsy of a murder victim encompasses detailed examination of the corpse, clothing and footwear, a precise description of all injuries on the body, as well as damage to clothing, and their photo documentation. It is necessary to determine the cause-and-effect relationship between the ascertained injuries and the resulting death. The forensic medical expert is also expected to indicate more closely the manner of the violent death, i.e. whether it is a murder, suicide or an accident. In addition to the autopsy, forensic expertise in cases of murder is, as a rule, carried out in the form of an expert report from the court records, based on the analysis of all the collected data mentioned in the subject files that the court provides to the expert, asking him in the order for the expert opinion specific questions to which he should answer.

Research on the cost of care of patients with cystic fibrosis is scarce. The aim of this study was to estimate the costs using age-specific medical consumption from real patient data. The age-specific medical consumption of patients with cystic fibrosis in The Netherlands in 1991 was estimated from a survey of medical records and a patient questionnaire. A distinction was made between costs of hospital care, hospital and non-hospital medication, and home care. Costs per year were obtained by multiplying the yearly amount of care and the costs per unit. On average the annual cost of a patient with cystic fibrosis in 1991 was 10,908 pounds (hospital care 42%, medication 37%, home care 20%). The cost of care of cystic fibrosis in The Netherlands, with approximately 1000 patients, is estimated at 10.9 million pounds per year, which is 0.07% of the total health care budget. The cost of care of a patient up to the age of 35 is estimated at 614,587 pounds. When year-to-year survival is taken into account and future costs are discounted to the year of birth with a yearly discount rate of 5%, the cost of care of a patient with cystic fibrosis is estimated at 164,365 pounds for 1991. This estimate will be used in a prospective evaluation of screening for cystic fibrosis carriers. The cost of care of patients with cystic fibrosis estimated by age-specific medical consumption of real patients is higher than that estimated by non-age-specific medical consumption and/or expert opinions.

To describe the current standards of care and major recent advances with regard to antimicrobial resistance (AMR) and to give a prospective overview for the next 30 years in this field. Review of medical literature and expert opinion were used in the development of this review. There is undoubtedly a large clinical and public health burden associated with AMR in ICU, but it is challenging to quantify the associated excess morbidity and mortality. In the last decade, antibiotic stewardship and infection prevention and control have been unable to prevent the rapid spread of resistant Gram-negative bacteria (GNB), in particular carbapenem-resistant Pseudomonas aeruginosa (and other non-fermenting GNB), extended-spectrum β-lactamase (ESBL)-producing and carbapenem-resistant Enterobacteriaceae (CRE). The situation appears more optimistic currently for Gram-positive, where Staphylococcus aureus, and particularly methicillin-resistant S. aureus (MRSA), remains a cardinal cause of healthcare-associated infections worldwide. Recent advancements in laboratory techniques allow for a rapid identification of the infecting pathogen and antibiotic susceptibility testing. Their impact can be particularly relevant in settings with prevalence of MDR, since they may guide fine-tuning of empirically selected regimen, facilitate de-escalation of unnecessary antimicrobials, and support infection control decisions. Currently, antibiotics are the primary anti-infective solution for patients with known or suspected MDR bacteria in intensive care. Numerous incentives have been provided to encourage researchers to work on alternative strategies to reverse this trend and to provide a means to treat these pathogens. Although some promising antibiotics currently in phase 2 and 3 of development will soon be licensed and utilized in ICU, the continuous development of an alternative generation of compounds is extremely important. There are currently several promising avenues available to fight antibiotic resistance, such as faecal microbiota, and phage therapy.