The use of specialized (medical) knowledge in the criminal
process: the practice of the European Court of Human Rights
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1
POLTAVA LAW INSTITUTE OF YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, POLTAVA, UKRAINE
2
KHARKIV NATIONAL MEDICAL UNIVERSITY, KHARKIV, UKRAINE
3
YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, POLTAVA, UKRAINE
Publication date: 2024-07-24
Wiadomości Lekarskie 2024;77(6):1263-1270
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ABSTRACT
Aim: This article is aimed at raising awareness and stimulating scientific discussion on the necessity of involving qualified medical professionals in conducting
criminal procedural actions that involve intervention in human somatic rights, in order to further improve the legal instruments ensuring compliance with the
European Court of Human Rights (hereinafter referred to as the ECHR) standards in this field
Materials and Methods: In preparing the article, the following issues were worked out: the provisions of international legal acts; legal positions of the ECHR
related to the use of medical knowledge in the criminal process; scientific studies of various aspects of the use of medical knowledge in the criminal process.
The methodological basis of the research is dialectical, comparative-legal, systemic-structural, analytical, synthetic, complex research methods.
Conclusions: The use of medical knowledge in the criminal process generally takes two forms: (a) expert and (b) ancillary. The expert form, particularly forensic
medical examination, must adhere to a set of criteria reflected in the practice of the ECHR. Personal searches involving penetration into human body cavities
generally align with the requirements of the he European Convention on Human Rights (hereinafter referred to as the Convention), provided certain conditions
are met, including medical considerations. The criterion for the admissibility of coercive collection of biological samples for examination is the existence of
samples independent of the individual’s will.