ORGANIZATIONAL AND LEGAL ISSUES OF DOCUMENTS SURVEY PERFORMING WHILE IATROGENIC CRIME INVESTIGATION

Abstract

This article considers organizational and legal issues of performing document survey during of iatrogenic crime investigation. Proposed ways to resolve these problems. Attention is drawn to the fact that investigative survey of documents is preceded by one of the measures to ensure criminal proceedings. Such a measure is temporary access to belongings and documents containing certain information. This information can be used as evidence of the fact or circumstances of the crime. Except familiarization with belongings and documents, this measure allows to make copies, and in the case of a certain decision made by investigating magistrate or court to seize them. The rules and mechanism of this measure application are considered. Attention is drawn to the expediency of medical record seizure, since medical personnel can make changes to documents. They do this in order to avoid responsibility or to hide a crime.

A list of documents that are subject to survey during the investigation of crimes committed during medical care provision is defined. Such documents include: patient medical records; autopsy report; medical record of the patient who left the hospital; outpatient medical record; record about surgical treatments at hospital, records about admission to the hospital, refusal of hospitalization, etc. It was noted that information contained in the medical records and can be obtained by investigator during their survey is classified as medical secrecy. Medical secrecy is information about: the disease, medical survey and its results, fact of medical help handling, diagnosis, prescribed treatment, prognosis of the disease, intimate and family side of life, and any medical actions that were taken regarding the patient.