Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Криміналістика 65 друк новий 290 298 Завантажень: 7, розмiр: 265.6 KB

DOI: https://doi.org/10.33994/kndise.2020.65.28

K. Yanishevska

The article is devoted to current issues and features of the investigation of improper performance of professional duties by a medical or pharmaceutical worker. Since recently the sphere of medical care has been increasingly suffering from a large number of criminal attacks, and the results of the investigation and evidence of guilt of the subjects of the crime require higher results, it would be appropriate to pay attention to the problems that law enforcement agencies today have to investigate this category criminal assaults. The main proposals regarding the investigation process of the improper performance of professional duties by medical workers are indicated.

The article analyzes statistical data that record a sufficiently large number of these criminal offenses, but the results of the consideration of these cases are imperfect. This is due to the complexity of the investigation of this category of cases, in particular their latency, insufficient evidence base, caused by the possibility of concealment or distortion of facts, etc.

To ensure an objective review of the case, namely, for the reliability and completeness of medical data, based on which the evidence base is built, it is proposed to use an electronic healthcare system, in particular, an electronic document management system, which, due to modern technologies for recording primary data, could eliminate the possibility of destruction of evidence (medical certificates, test results, medical history, etc.) and their further falsification.

To solve the problem of the lack of a methodology for investigating the improper fulfillment of professional duties by a medical or pharmaceutical worker, it is proposed to develop forensic issues regarding both the tactics of investigative actions and other aspects of the investigation of these criminal cases.

It is also proposed in the article to involve a doctor as a specialist in the interrogation of a medical professional, as he or she can formulate (with the permission of the investigator) those questions, the answers to which will give the necessary information to the experts who will subsequently conduct the examination.

Attention is also drawn to the fact that investigating crimes committed by healthcare professionals requires special competence and special training for investigators. Today, such discipline as Medical Law is taught only in some institutions of higher education in the training of specialists in specialty 081 Law, not to mention the educational program for bachelors or masters with the same name.

Despite this, it would be appropriate in higher education institutions conducting training for law enforcement personnel to introduce the discipline Medical Law, and for the most investigators investigating medical crimes, introduce an advanced training courses, trainings, online conferences that provided students with deeper knowledge about the features of the organization of the investigation of improper performance of professional duties by a medical or pharmaceutical worker.

Key words: medical assistance, non-fulfillment of professional duties, improper fulfillment of professional duties, automation of accounting for medical services, crime investigation methodology.