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THE SIGNIFICANCE OF FORENSIC DENTAL EXAMINATION IN CRIMINALISTICS
V Osmolian1, V Kopanchuk2, T Onyshchuk3
11Khmelnitskyi Cooperative Trade and Economic Institute, Ukraine.
Georgian Medical News
|February 13, 2023
Summary
This study examines the necessity of including dentists in forensic medical examinations across Ukraine, Georgia, Poland, and the Czech Republic. It identifies areas for legal improvement in Ukraine and Georgia regarding dental expertise in criminal proceedings.
Area of Science:
- Forensic Medicine
- Dental Law
- Comparative Legal Studies
Background:
- The right to health is constitutionally protected in Ukraine and Georgia, reinforced by international law.
- Existing legal frameworks in Ukraine and Georgia require refinement regarding health rights implementation.
- Forensic medical examinations are crucial in criminal proceedings for evidence collection.
Purpose of the Study:
- To conduct a comparative legal analysis of criminal law norms concerning examinations in Ukraine, Georgia, Poland, and the Czech Republic.
- To determine the necessity and feasibility of mandatory dentist participation in forensic medical examinations (dental expertise).
- To propose improvements for criminal law and medical legislation in Ukraine and Georgia concerning dental expertise.
Main Methods:
- Comparative legal analysis of criminal procedure and criminal codes of Ukraine, Georgia, Poland, and the Czech Republic.
- Examination of methodological recommendations for specialist involvement in forensic medical examinations.
- Analysis of legal provisions related to the right to health and their implementation.
Main Results:
- Identified commonalities and distinctions in forensic examination norms across the studied jurisdictions.
- Revealed imperfections in the definitions and methods for implementing health rights within legal frameworks.
- Established that current legal norms and recommendations share common features regarding specialist participation in forensic examinations.
Conclusions:
- The study highlights the need for enhanced legal clarity and procedural standardization for dental expertise.
- Recommendations are provided for improving Ukrainian and Georgian legislation to better integrate dental expertise into forensic processes.
- This research contributes to advancing forensic dentistry, particularly in person identification, dental traumatology, and cases involving dental professionals.
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