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The experts did not substantiate their expertise. So why does the investigation consider them legal and, on their basis, terminate the criminal case?

28.01.2021 Ирина
When conducting medical examinations on the death of my daughter, the experts gave two-sided conclusions. In different questions on the same facts they answered differently and confused the investigation.

In the examinations, there is no justification for the conclusions of the experts. No proof. According to many conclusions, the experts simply said - "we think so"
But this is illegal. Expertise should be with evidence that can be verified. There is no evidence - it means that the expertise is not substantiated.

I believe that the examinations carried out on the death of my daughter are unjustified and unlawful. These examinations cannot be accepted by the investigation.

The examinations were carried out in violation of the Constitution of the Russian Federation, clause 2 of article 15 ( State authorities, local governments, officials, citizens and their associations are required to comply with the Constitution of the Russian Federation and laws .)

The experts did not explain their findings, according to the Federal Law "On State Forensic Expert Activity in the Russian Federation"
Article 25. Conclusion of an expert or a commission of experts and its content
The conclusion of an expert or a commission of experts should reflect: “… the content and results of the research, indicating the methods used;
evaluation of research results, substantiation and formulation of conclusions on the issues raised. "

Article 8. Objectivity, comprehensiveness and completeness of research
The expert's opinion should be based on provisions that make it possible to verify the validity and reliability of the conclusions drawn on the basis of generally accepted scientific and practical data.

Criminal Procedure Code of the Russian Federation Article 204. Expert opinion
1. The expert's conclusion shall indicate:
9) the content and results of research with an indication of the methods used;
10) conclusions on the questions posed to the expert and their justification .


Order of the Ministry of Health and Social Development of the Russian Federation of 05/12/2010 N 346n "On approval of the Procedure for the organization and production of forensic medical examinations in state forensic institutions of the Russian Federation"
“III. The procedure for organizing and conducting expert examinations
25. Having started the examination, the expert uses medical technologies permitted for use on the territory of the Russian Federation, as well as other recommended expert methods and technical means at the disposal of the SSEU for an objective, comprehensive, complete, strictly scientifically substantiated solution of the questions posed to him.

28. In the research part of the expert's opinion, it is necessary to indicate :
the content and results of all stages of expert research (including expert experiments) with an indication of the applied medical technologies and expert techniques, technical means and consumables; ...

29. The expert's opinion necessarily contains conclusions on the questions posed and their justification .
Conclusions should contain optimally concise, clear, unequivocally interpreted and reasonable answers to all questions posed to the expert ... "


Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 21, 2010 No. 28 "On forensic examination in criminal cases"
thirteen…. Insufficient clarity should be understood as the impossibility of understanding the meaning and significance of the terminology used by the expert, the research methodology, the meaning and significance of the features identified during the study of objects, the criteria for assessing the identified features that cannot be eliminated by interrogating the expert who performed the examination in court.
…. An incomplete conclusion is one in which there are no answers to all the questions posed to the expert, the circumstances that are important for the resolution of the questions posed are not taken into account.
15… .. Such an expert conclusion should be considered unfounded, in which the conclusions are insufficiently reasoned, the necessary methods and techniques of expert research are not applied or incorrectly applied.

So on what basis are the examinations recognized as legitimate, in case of their contradictions?

Details of the evidence of contradictions and the lack of validity of the examinations in my articles:
"Independent Expertise" or Experts on the Side of Lawlessness?
A healthy child experienced cardiac arrest for 25 minutes or doctors and experts lie about the cause of death.
Impunity breeds irresponsibility and crime.

Doctors and experts allegedly do not know about the cause of the bleeding
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