Archiwum medycyny sa̧dowej i kryminologii
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Arch Med Sadowej Kryminol · Jan 2010
Review[Medico-legal autopsy--selected legal issues: regulation concerning the performance of medico-legal autopsy of July 15, 1929].
Polish literature on law and forensic pathology abounds with opinions that the Regulation of the Minister of Justice and of the Minister of Internal Affairs Concerning the Performance of Medico-Legal Autopsy of 15 July 15, 1929, continues to remain in force. The authors thoroughly analyse the provisions of the Criminal Procedure Code of 19 April, 1969 and the Act on Enactment of the Provisions of the Criminal Procedure Code of 19 April, 1969. The results of semiotic and systematic interpretations of the aforementioned acts leave no doubt that the regulation of 1929 has been derogated. Nonetheless, the authors stress that, despite the lack of legal force, the regulation of the interwar years can still be considered a useful guide for less experienced doctors who perform medico-legal autopsies on an ad hoc basis.
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Arch Med Sadowej Kryminol · Jan 2010
[Medico-legal autopsy--selected legal issues: the autopsy protocol].
The majority of experts in the field of forensic medicine maintain that the minutes of the medicolegal autopsy should be taken by the forensic pathologist. The authors argue that it is the public prosecutor who is obliged to draw up the minutes, whereas the forensic pathologist issues the expert opinion. ⋯ The authors also imply that due to organizational reasons and the ratio legis of the aforementioned code, the forensic pathologist should not be assigned the role of the minutes-taker, despite the lack of a specific exclusion rule governing such a case. Possible consequences caused by the lack of the properly drawn up minutes are briefly discussed as well.