【法医学专家聘任标准】。

Q4 Medicine Soudni Lekarstvi Pub Date : 2015-01-01
Tomáš Vojtíšek
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引用次数: 0

摘要

未标明:在捷克共和国,法医是一个独立的医疗领域,有适当证明的医生在地区法院正式任命后从事专家活动,特别是在刑事诉讼中。为了提高这些专家所提供活动的质量,司法部正在努力加强任命新的法医专家的一般条件。但是,个别标准没有考虑到法医作为一个医学领域的特殊性质,法医的本质涉及提供专家意见(最常见的是向警方提供专家意见)所必需的专家资格。特别是,对离开医学院后必须有十年工作经验的严格要求,阻碍和拖延了完成研究生学习的年轻医生进入法医领域。一项向地方法院发出的调查发现,2004年至2013年期间,新任命专家的平均工作年限为8.2年,其中一半的专家工作年限为7年或更少,75%的新任命专家在任命时没有达到任何规定的工作年限要求。新的条件可能对吸引合格的法医毕业生在完成医学学业后从事法医工作产生负面影响,从长远来看,可能危及法医领域在刑事诉讼中提供专家意见的能力。最后,提交人认为,应与专业医学协会合作确定任命条件,并应考虑到个别医学领域的具体特点,特别是如果要在捷克共和国法医专家地位重新认证框架内通过法律条例直接确定任命条件。关键词:法医学-鉴定-刑事诉讼。
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[The criteria for appointing experts in forensic medicine].

Unlabelled: In the Czech Republic, forensic medicine is an independent medical field, in which physicians with the appropriate attestation perform expert activities, especially in criminal proceedings, after being formally appointed by a regional court. In order to improve the quality of the activities provided by these experts, the Ministry of Justice is endeavouring to tighten up the general conditions for the appointment of new forensic experts. The individual criteria do not, however, take into account the special nature of forensic medicine as a medical field, the very essence of which involves the specialist qualifications which are necessary for the provision of expert opinions, most frequently to the police. In particular, the introduction of a strict requirement for ten-years of work experience after leaving medical school has hindered and stalled the entrance of young physicians with completed post-graduate studies into the area of forensic medicine. An inquiry sent to the regional courts has discovered that the average length of work experience for newly appointed experts in the period from 2004 to 2013 was 8.2 years, that half of them had work experience of seven years or less and that 75 percent of the newly appointed experts did not meet any set requirements for the length of their work experience at the time of their appointment. The new conditions may have a negative impact on attracting qualified graduates to forensic medicine after the completion of their medical studies and in the long term it may endanger the ability of the field of forensic medicine to provide expert opinions in criminal proceedings. In conclusion, it is the authors opinion that the appointment conditions should be set in cooperation with the professional medical associations and that they should take into account the specific characteristics of the individual medical fields, especially if they are to be set directly by means of a legal regulation within the framework of the recodification of the standing of forensic experts in the Czech Republic.

Keywords: forensic medicine - expertises - criminal procedure.

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Soudni Lekarstvi
Soudni Lekarstvi Medicine-Medicine (all)
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