LEGAL STATUS OF A DOCTOR IN EXAMINING A CORPSE ACCORDING TO THE CHARTER OF CRIMINAL PROCEDURE OF 1864

LEGAL STATUS OF A DOCTOR IN EXAMINING A CORPSE ACCORDING TO THE CHARTER OF CRIMINAL PROCEDURE OF 1864

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The relevance of the study of the legal status of a doctor in criminal proceedings is associated with the expansion of his participation in procedural actions by the legislator.At the same time, it seems to be only partially definite.This is especially true for the examination of a corpse with the participation of a doctor, in which the competence norms form a competition between a forensic medical expert and a doctor.It cannot be ruled out that the prototype of the normative rules on the legal status of a doctor was the previous criminal p3221d procedure legislation.In the Statute of Criminal Procedure of 1864, the doctor was mentioned as a participant in the criminal process several dozen times, his legal status had signs of uncertainty, creating problems of law enforcement.

The identification of these signs can contribute to the improvement of the modern legal status of a doctor in the criminal process.The main goal solved in the article is aimed at identifying the normative features that characterize the procedural (legal) position of the doctor in the examination of the corpse; correlation of the legal status of the doctor with the position of other participants in the examination of the corpse.The method used in the course of the study was the chronodiscrete monogeographic comparative legal approach.The conclusions formulated in lore olivera the end are as follows.The procedural position of the doctor in the rules of the Statute of Criminal Procedure of 1864 on the examination of a corpse did not have the signs of a formed procedural status.

The doctor was an ordinary knowledgeable person who excluded the implementation of medical knowledge during the examination of the corpse, did not allow him to exercise the special legal capacity of the doctor in the examination of the corpse.In the vertical procedural hierarchy, the doctor had a minimum amount of rights that excluded his criminal procedural activity, and his mention in the law created legal uncertainty.