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Public prosecutors' perspectives on forensic medical information in non-fatal injury cases in the Netherlands:
Maartje L Goudswaard1, Joyce N Cuijpers2, Manon Ceelen2
1Department of Forensic Medicine and Medical Advice, Public Health Service Amsterdam, P.O. Box 2200, 1000 CE, Amsterdam, the Netherlands; Department of Public and Occupational Health, University of Amsterdam, Amsterdam UMC, Location VUmc, P.O. Box 7057, 1007 MB, Amsterdam, the Netherlands.
Abstract:
Public prosecutors in the Netherlands play a crucial role in ensuring that criminal cases are supported by evidence. This study surveyed public prosecutors to examine current practices, barriers, and recommendations related to the use and availability of forensic medical reports in cases involving non-fatal injuries, including the use of injury dating. Twelve prosecutors with specific injury-related expertise from 8 out of the 10 police regions completed the online survey. Medical information was viewed as contributing to criminal law proceedings. Forensic medical information was considered particularly important in serious cases such as severe abuse, attempted manslaughter, sexual assault, and domestic violence. Information from treating physicians specifically in cases involving permanent injuries or repeated incidents, especially in the context of domestic violence. However, use of the latter was often limited by concerns about quality, completeness, and accessibility. Key barriers included time constraints, a shortage of forensic doctors, unclear procedures within the police, privacy concerns among treating physicians, and limited awareness among prosecutors. To address these issues, prosecutors emphasized the need for improved training, the appointment of specialized personnel, stronger interdisciplinary collaboration, and the development of clear procedural guidelines. In conclusion, this study offers concrete recommendations to enhance the integration of forensic medical expertise into criminal proceedings, contributing to a more effective, efficient, and equitable judicial process.
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