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Forensic Medicine
Forensic medicine is a special, ordered system of scientific knowledge, on the basis of which medical issues arising in the process of legal proceedings and the activities of law enforcement agencies are resolved.
The article will discuss how to use the knowledge of forensic medicine to falsify evidence, successfully simulate or hide the traces of a crime. The purpose of these actions is not always a deliberate planned crime - situations happen in life when it is simply impossible to do otherwise, the deed has already been completed and it is necessary to find a way out.
The practical significance of the article is expressed in the following - the ability to completely or partially avoid punishment for a committed crime by preparing oneself, time, scene of the crime, simulating and dissimulating a certain disorder, analyzing potential opportunities and looking for legal loopholes.
Practical example: Simulating a mental disorder in criminal proceedings can re-qualify punishments from imprisonment to compulsory treatment in a prison-type hospital, to compulsory treatment in a general hospital, to voluntary treatment in a day hospital, or simply reduce the term of imprisonment. In practice, there is a reduction in the term of punishment to 1/3 of the maximum term of imprisonment.
The article will cover the following areas of forensic medicine:
criminal proceedings with the involvement of a forensic expert
criminal proceedings involving a forensic psychiatric expert
forensic examination of living persons
forensic examination of a corpse
forensic psychiatric examination of living persons
forensic psychiatric examination of perpetrators
forensic psychiatric examination of persons subject to conscription
Criminal Code
Criminal Code, Article 21. Insanity
The bottom line - if you were insane at the time of the crime - you will be released from punishment. Compulsory treatment will be prescribed only if your painful condition is decompensated - that is, it continues and gets worse. If you are at the stage of compensating for your disease, no treatment will be prescribed.
The main thing to remember is that insanity should be caused only by a mental disorder and only in a certain time period. Complete insanity is not the subject of this article.
Mental disorder, resulting in a state of insanity, does not depend on the will and desire of the patient. Independently, this disorder does not determine the sanity of the patient - it is determined only by the severity of the disorder during the commission of the crime, in which the patient was not aware of the nature of his actions that led to the crime.
Criminal Code of the Russian Federation, Article 22. Criminal liability of persons with a mental disorder that does not exclude sanity
This includes all borderline states - neurotic and psychotic in the stage of compensation for mental disorders that can affect the ability to be aware of their actions and guide them - affect, intoxication, strong emotional stress, and others, do not belong to the circumstances that cause insanity. In practice, the presence of this conclusion reduces the term.
Criminal Code of the Russian Federation, Article 23. Criminal liability of persons who have committed a crime while intoxicated
Drunkenness in practice almost always comes as an aggravating circumstance.
The conclusion about the commission of a crime in a state of alcoholic intoxication, as a rule, adds a term.
Criminal Code of the Russian Federation, Article 61. Circumstances mitigating punishment
It's simple - more points will be typed - the sentence will be less.
Criminal Code of the Russian Federation, Article 62. Imposition of punishment in the presence of mitigating circumstances
In practice, the presence of the disease drops to 1/3 of the term. If you add it with remorse and a special procedure for legal proceedings, it is quite possible to achieve 1/3 of the maximum term or change the type of punishment to a milder one.
Criminal Code of the Russian Federation, Article 63. Circumstances aggravating the punishment
The opposite of the previous point. In terms of quantitative weight, they have a "high value", bringing the term of punishment to the maximum stipulated.
Of the Criminal Code of the Russian Federation, Article 72.1. Imposition of Punishment on a Person Recognized as a Drug Addict
In practice, this is an outpatient visit to a narcologist with express urine tests. Starting with a daily visit and ending with a six-month visit.
Criminal Code of the Russian Federation, Article 81. Release from punishment due to illness
In practice, compulsory treatment is prescribed in the vast majority of cases. With this outcome, one should not rush to "recover" - if 2/3 has not passed from the term of punishment, then you will most likely be sent to serve out the term, which can be easily avoided.
Of the Criminal Code of the Russian Federation, Article 82.1. Postponement of serving punishment for drug addicts
In practice, it looks like a two-year control by a narcologist at the place of residence.
With this outcome of the case, it is important not to commit crimes during the period of treatment and not to miss appearances. After persistent remission, the punishment will be canceled.
Criminal Code of the Russian Federation, Article 97. Grounds for the application of compulsory medical measures
If you do not look like a goner, everything will be limited to a short stay with a subsequent discharge for an outpatient visit. An important point of the article is that compulsory treatment can be prescribed even with mild forms of the disease.
Criminal Code of the Russian Federation, Article 98. Purposes of the application of compulsory medical measures
The motive of the article is that you should not speed up your recovery.
Criminal Code of the Russian Federation, Article 99. Types of compulsory medical measures
Most often, compulsory measures are either radical - staying in a special hospital / hospital for the entire period, or mild - outpatient observation. It all depends on the circumstances of the case.
Criminal Code of the Russian Federation, Article 100. Compulsory observation and treatment by a psychiatrist on an outpatient basis
The rules of well-being with this type of treatment are not to miss an appointment and be correct with the doctor.
Criminal Code of the Russian Federation, Article 101. Compulsory treatment in a medical organization providing psychiatric care in inpatient conditions
Almost a prison position, except for another kind of surveillance. Prepares for a difficult situation and a strict regime of separation. Do not aggravate relations with the staff in any way - the length of your stay depends on this. Do not believe, do not be afraid, do not ask + be silent and do it.
Criminal Code of the Russian Federation, Article 102. Extension, change and termination of the application of compulsory medical measures
In practice, after 6 months of compulsory treatment, you will be transferred to outpatient monitoring.
Criminal Code of the Russian Federation, Article 103. Set-off of the time of application of compulsory medical measures
It's simple. Was treated for a year = served a year.
Criminal Code of the Russian Federation, Article 104. Compulsory measures of a medical nature, combined with the execution of punishment
Similar to the previous one.
Criminal Code of the Russian Federation, Article 107. Murder committed in a state of passion
Remember the main thing! Pathological affect cannot occur in a state of complete mental health. If you decide to add a retraining of the article, then take care of the presence of the disease. Otherwise, the affect may be recognized as physiological, which refers to states that do not exclude sanity.
Code of Criminal Procedure
Criminal Procedure Code of the Russian Federation, Article 57. Expert
The expert will not pass judgment on you. He will only express his professional opinion about the situation on the basis of which the law enforcement agencies will carry out legal proceedings. Hoping for a bad expert is stupid. Even the dumbest expert will be smarter than a good doctor, and this is already an indicator. The expert should not give unnecessary information, everything is purely according to legend, remember that the expert cooperates directly with law enforcement agencies.
Criminal Procedure Code of the Russian Federation, Article 80. Conclusion and testimony of an expert and a specialist
If you are asked to tell something "off the record" - do not believe it. Legends hold.
Code of Criminal Procedure, Article 178. Examination of the corpse. Exhumation
In practice, it is rare - but if there is evidence for that, the exhumation will be carried out quickly and without delay.
Criminal Procedure Code of the Russian Federation, Article 179. Examination
Comments are superfluous.
Criminal Procedure Code of the Russian Federation, Article 180. Inspection and survey protocols
The motive is to destroy all items related to the crime, even if the connection is not obvious to you. No wastes and secret snags. Fire is the best way to destroy evidence.
Criminal Procedure Code of the Russian Federation, Article 195. Procedure for the appointment of a forensic examination
In practice, the refusal of the examination arouses suspicion and unnecessary body movements.
Code of Criminal Procedure of the Russian Federation, Article 196. Mandatory appointment of a forensic examination
Refusal from the first point is possible under reliable circumstances indicating natural death. Remember this!
Code of Criminal Procedure of the Russian Federation, Article 203. Placement in a medical organization providing medical care in inpatient conditions, or in a medical organization providing psychiatric care in inpatient conditions for forensic examination
The usual term for such an examination is 30 days.
Criminal Procedure Code of the Russian Federation, Article 204. Expert opinion
No comments.
Code of Criminal Procedure, Article 433. Grounds for Proceedings on the Application of Compulsory Medical Measures
In other cases, it is impossible to prescribe compulsory treatment for you!
Code of Criminal Procedure, Article 434. Circumstances to be proved
It is very good if you have factors that play into your hands - discharge from hospitals where you received treatment, prescriptions for medicines, etc.
Code of Criminal Procedure of the Russian Federation, Article 435. Placement in a medical organization providing psychiatric care in inpatient conditions
No comments.
Code of Criminal Procedure, Article 436. Separation of a criminal case
Remember this moment. Allegorically, it's never too late to be mentally ill.
Code of Criminal Procedure of the Russian Federation, Article 437. Participation of the person against whom the proceedings on the application of a compulsory medical measure are being conducted, and his legal representative
In practice, no one will come to your hospital and no one will be allowed in, except for the investigator / interrogator. Deal with a lawyer in advance, or it will be too late.
Code of Criminal Procedure, Article 438. Participation of a defense attorney
No comment.
Forensic psychiatric section
Who will have to meet and what examinations to take :
psychiatric expert (the main person, the final decision is his)
expert psychologist (the main auxiliary person, a doctor's opinion will be formed on his conclusion)
narcologist (long visit for articles 228, short for the rest)
specialist doctor (in a narrow specialty)
neurologist (required in the SPE for differentiation)
therapist and surgeon (mandatory in the EIT for a somatic assessment)
investigator and interrogator (mediator and liaison with law enforcement)
Level 1 EIT outpatient appointment
PPE level 2 general hospital or expert department
SPE 3 levels closed mode
PPA stages:
1) clinical interview and examination
2) in case of insufficiency, repeated admission
3) in case of insufficient inpatient examination (from 30 to 90 days)
in the hospital: general medical examination, consultation of related specialists, functional and instrumental examinations (analyzes of biofluids, ECG / EEG, REG, EchoEG, cranioradiography, MSCT)
4) psychological and pathopsychological testing (projective techniques, the study of the pathology of thinking, perception, memory, intelligence, the ability to praxis and gnosis, questionnaires to be filled in, specific tests)
5) dynamic observation
6) in case of insufficient examination in a closed institution
The outcome of EIT is:
declaring a person insane
recognition of a person as partially sane
recognition of a person as sane
recognition of a person as sick with any disease with verification of the circumstances of the case
assessment of the level of work capacity and defect in life
assessment of the danger to society, oneself, the ability to self-service
After the outcome with the recognition of the disease, outside the criteria for sanity, compulsory treatment can be prescribed.
Let us dwell in more detail on how compulsory treatment is prescribed in today's practice :
The first factor is a socially dangerous act.
It is interpreted as follows - it is inappropriate to prescribe compulsory treatment for a person with a recognized mental illness who is under supervision, but who has committed a harmless crime.
For a person who is subjectively healthy, but who has committed a dangerous crime in a state of insanity, compulsory treatment is necessary.
The second factor is the relationship between the nature of the disease and the motive for the crime.
It can be interpreted as follows - if the patient, due to a mental disorder, committed a crime due to affective instability (acquired marijuana in order to improve the depressive state), then there is no reason for compulsory treatment.
If the patient did the same under the influence of an imperative hallucinosis (the voice ordered him to do it, and instead of weed, the patient saw a blue bottle of mana) - the indications for treatment are the most direct.
The third factor is temporary.
If the mental disorder that occurred (both for the victim and the victim) after the commission of a crime is incurable, then this is a direct indication for compulsory treatment.
If the mental disorder that occurred (for both the victim and the victim) after the commission of the crime is temporary, there are no indications for hospital treatment.
Separately, I would like to note the moment about legal proceedings, in which it is necessary to find out whether the patient needs treatment for drug addiction.
In practice, coercive measures are either omitted or imposed without a deadline. Only a court can cancel treatment.
General rules for simulation
1) The simulation should be started before the crime is committed.
2) The simulation should be thought out in advance - read the literature on the nosology of interest and consult with a specialist.
3) Visible signs of simulation must be confirmed in isolation by several people - relatives, friends, an investigator, a local doctor.
4) We start to simulate from the moment of the first contact with law enforcement agencies, not forgetting about our role.
5) The simulation should not be overloaded - it should be lubricated and in the same way.
6) Remember that you are constantly being watched.
7) Be calm and confident, prove to yourself that you have this disease.
Comments on the rules
1) Of course, if you have it in your plans. Let's say you are a carder, and despite all the means of maintaining anonymity - in fact, you go under the article. We choose the time and go to the PND to the local psychiatrist. We complain of *** psychopathy, depressive episode ***, we are undergoing treatment on an outpatient basis or in a day hospital. Thus, we kill many birds with one stone:
- the district psychiatrist will believe you a priori, because you came for help yourself, without social influence from the other side (you do not ask for certificates to work or to the academy, you do not need confirmation of any diagnosis for the military registration and enlistment office or the police - you are the most ordinary sick person, who needs help)
- during the trial, we will have a record in the IPA about the treatment undergone there, which will provide a basis for further simulation
- familiarize yourself with the hospital and the structure of the department
3) Let your relatives be aware that you were "sick with something" and that you were seen by a psychiatrist.
4) You do not need to shout to the investigator about the presence of a disease from the doorway - the line of behavior that is characteristic of your pathology is important. You should tell him about this only in response to the question whether you are undergoing dispensary observation by a psychiatrist.
5) You do not need to invent something of your own, even if it is twice crazy and fucking - this is a mistake.
6) The meaning of this rule is that a patient with schizoid disorder, when asked what you are doing in your free time, will answer "I read books, I look out the window, draw pictures", and not "I chat with the boys, I drink beer, I watch comedies, I still blaspheme. then ". Behavior needs to be considered in the light of your frustration.
7) If you stop worrying whether they burn you or not, and think about the fact that you have this disease, you will not accidentally betray yourself.
Vocabulary
Simulation is the deliberate misleading of others by depicting signs of a disease that does not exist.
Dissimulation is the deliberate misleading of others by hiding your disease.
Aggravation is a deliberate exaggeration of the symptoms of an existing disease, which is the main difference from simulation.
Disaggregation is the deliberate understatement of the symptoms of an actual disease, which is the main difference from dissimulation.
Note that in the last three cases, the person is indeed sick.
What can be punctured without following the rules
If you started simulations at the moments: detention, at a court hearing, transition of legal proceedings - this is a sign of your lies. You cannot simulate at the turning points! If you didn't manage to start the simulation right away, do it gradually and always. What should never be done! This exaggerates the quantity, quality and duration of symptoms.
In case of this violation, you will be recorded in the vile aggravants and thrown out into the cold.
What types of simulation are available to us
Simulations before committing a crime - it will be easy to confirm with a record in the IPA.
Simulations at the time of committing - you can carry out as a consequence of your illness and either escape responsibility in view of an insane state, or in view of the occurrence of a pathological affect.
Simulation after the crime is the most unfortunate, but there is a place to be
Criteria
Circumstances are fickle at first, then permanent - a mistake! Integrity is needed.
Circumstances fit into individual symptoms / syndromes, and not into the clinic of the disease - a mistake! You need to mow according to nosology.
The entire clinic in psychiatry is conventionally divided into positive and negative symptoms.
There shouldn't be any positive (plus).
There are no negative ones (in "minus"), but normally they should be.
An example of the first is delusional ideas, hallucinations.
An example of the latter is mood decline, emotional coldness.
Let's look at a specific example
When simulating hallucinations, you can be treated with means that, in the normal course of the disease, induce a pathology of perception. Induction is made by suggestive request (a type of psychiatric suggestion), be careful! Everything that you "see and hear" needs to be remembered and repeated to the doctor without mistakes at his request after a while. The answer is "I don't really remember."
1) If the doctor gives you a telephone receiver or an object similar to it and asks you to say what exactly the voice in the receiver tells you, you need to reproduce in detail the timbre, manner, pitch of the voice, the content of the conversation, its type and form.
Example: "A voice orders you to go to bed and not move, a woman speaks slowly, quietly, you have to listen, persuasive intonations, sometimes with notes of order."
2) If the doctor talks about something with simultaneous pressure on the eyeballs, you must imagine that an image of what the doctor was talking about has appeared in front of your eyes.
Example: "Flashes of light".
3) If the doctor tells you about an object, and then gives it to you with a simultaneous effect on the body (squeezes the arms, legs, chest) - it is necessary to reproduce the sensation of this object.
Example: "Cold and prickly object."
4) If the doctor shows a blank sheet and asks to tell what you see on it, you need to describe the invented scene and remember it. If the question is posed in a different form, for example, "How do you like this house on the sheet?" or "Isn't that a pretty purple hue?" - it is necessary to present what the doctor said and supplement with your imagination.
Tests of this kind are available for all types of pathology - thinking, memory, intelligence, will, perception.
Let's talk a little more about military expertise.
The psychiatrist's opinion on the suitability of the service corresponds to the following:
A - good
B - slightly limited suitability
B - limited suitability
G - temporarily unsuitable
D - not suitable
The difference will depend on the course of the disease, the disease itself, the stage of the disease and the commission period.
Column "D" often gives a delay according to medical indications, columns "B" and "C" contributes to obtaining a military card if there is no shortage, column "D" absolutely contraindicates military service.
What medical articles does the psychiatrist put in the military registration and enlistment office:
Article 14 - Organic disorders (Alzheimer's, Niemann-Pick, Parkinson's and others)
Article 15 - Endogenous psychoses (schizophrenia, bipolar disorder and others)
Article 16 - Exogenous disorders (for brain damage and others)
Article 17 - Neurotic Disorders (Stress-Related and Others)
Article 18 - Personality disorders (psychopathies and others)
Article 19 - Disorders associated with the use of psychoactive substances (including drug addiction)
Article 20 - Intellectual disability
Article 21 - Epilepsy (including epileptoid psychopathy)
It is impossible to reject under Article 14, 20, 21 without its presence, we forget about them.
To mow on drug addiction is the last thing, we forget.
Mowing according to article 16 is problematic, if there is no damage to the somatic and neurological defect, we forget.
Articles 15, 17 and 18 remain.
This is a gold mine for a mowing in a psychiatric hospital. It is not difficult to simulate these disorders.
Of course, schizophrenia cannot be simulated; it is most convenient to get selected through schizoid personality disorder and schizoaffective disorder, in other cases through a depressive episode. Such an article in a military ID limits you in only one thing - the impossibility of working in the civil service (you cannot vilify shoulder straps).
In conclusion, I note that the examination itself in the overwhelming majority of cases plays into our hands - this is the reading of the term, and the reduction of punishment, and the time to think.
Treat her with respect and everything will return to you.