USLUGE SUDSKOMEDICINSKOG VEŠTAČENjA U KRIVIČNOM POSTUPKU

Abstract

Forensic medical expertise represents an irreplaceable evidentiary action in criminal proceedings in which expert knowledge in the field of medical sciences is needed to establish or evaluate the facts. Carrying out an expert opinion for the needs of criminal proceedings puts the doctor as a court expert in a different position compared to his usual practice as a doctor. Therefore, forensic medical expert services in criminal proceedings are the subject of analysis in this paper. In the paper, the author defines the concept of forensic medical expertise and explains the method of determination and the procedure of expertise in criminal proceedings. Then, the author deals with the question of who can be an expert in criminal proceedings, analyzing the provisions of the Law on Court Experts and the provisions of the Criminal Procedure Code. The last part of the paper is devoted to the analysis of the doctor's obligation to keep the knowledge he obtained during the treatment process, as well as the facts he learned during the expert examination, as a professional secret. At the very end, the author gives concluding remarks on this topic.