The Ministry of Health prepared the draft of new rules for forensic medical examinations, which have not changed since 2010. The public discussion of the novelty will last until September 22.

Roman Voronin, Advocate, Managing Partner of RI-Consulting, on how the proposed changes will affect the conduct of such expertise. What are the problems of forensic expertise in criminal proceedings now, and does the Ministry of Health's project solve them?

"The current version of the rules is generally enforceable. In our opinion (the opinion of lawyers in criminal cases) it does not bring any misunderstandings or unclear points for lawyers. There are problems with the timing of performance in any type of expertise, not only medical. This problem should not be solved point by point, but as a whole. In our experience, the deadline does not depend on the expert, but depends on the backlog of such examinations. Of course, few are satisfied with waiting not 10-30 days, as the investigator or the court sets a deadline, but a month or two, but this is not an accounting expertise at the Ministry of Justice, where there are 5-8 months in line. In this case, however, it is faster.

As for changes made to the document, they primarily affect the work of the expert directly, not our work (the work of lawyers).

For criminal proceedings it is not the process of the examination that is important, but its result. Without being an expert, it is difficult to say whether the new wording is as significant and important. This question is appropriate to ask the court-medical expert.

For defense lawyers in criminal cases, the new wording does not have any consequences (positive or negative)," the lawyer emphasized.

Read more in the article by PRAVO.ru