The use of specialized (medical) knowledge in the criminal process: the practice of the European Court of Human Rights.
Wiad Lek
; 77(6): 1263-1270, 2024.
Article
em En
| MEDLINE
| ID: mdl-39106390
ABSTRACT
OBJECTIVE:
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. PATIENTS ANDMETHODS:
Materials andMethods:
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.CONCLUSION:
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.Palavras-chave
Texto completo:
1
Coleções:
01-internacional
Base de dados:
MEDLINE
Assunto principal:
Direitos Humanos
Limite:
Humans
País/Região como assunto:
Europa
Idioma:
En
Revista:
Wiad Lek
Assunto da revista:
MEDICINA
Ano de publicação:
2024
Tipo de documento:
Article
País de afiliação:
Ucrânia
País de publicação:
Polônia