Petition to the court to order an examination: sample. Petition for an additional forensic medical examination Petition for an additional examination in criminal cases


To the investigator Investigation Department MU
Ministry of Internal Affairs of Russia "Orekhovo-Zuevskoe"
Major of Justice
Lawyer D.N. Moldovantsev
AK No. 21 KA MGKA
Address: Moscow, st. Kozhevnicheskaya 1
In defense of G.
Case No. 70*

Petition

on the appointment of an examination.

G. is accused of violating the Rules as a person driving a car traffic(hereinafter referred to as traffic rules), which led to the occurrence of a traffic accident (hereinafter referred to as road traffic accident) and, as a consequence, before. negligence causing grievous harm human health D.

March 21, 2013 Expert opinion No. 10/551 was given, which does not meet the requirements for evidence.

In accordance with 4.1 Art. 73 Code of Criminal Procedure of the Russian Federation In criminal proceedings the following must be proven:

  • crime event (time, place, method and other circumstances of the crime);
  • guilt of a person in committing a crime, form of his guilt and motives:
  • circumstances characterizing the personality of the accused;
  • the nature and extent of the harm caused by the crime;
  • circumstances excluding criminality and punishability of the act;
  • circumstances mitigating and aggravating punishment;
  • circumstances that may lead to release from criminal liability and punishments;
    •

In accordance with Art. 74 Code of Criminal Procedure of the Russian Federation Evidence in a criminal case is any information on the basis of which the court, prosecutor, investigator, inquirer, in the manner prescribed by this Code, establishes the presence or absence of circumstances to be proven in criminal proceedings, as well as other circumstances relevant to the criminal case.
2. The following are allowed as evidence:
3) expert opinion and testimony;

So in accordance with Part 1 of Art. 195 of the Code of Criminal Procedure of the Russian Federation upon appointment forensics The investigator issues a resolution stating:

  • grounds for ordering a forensic examination;
  • the name of the expert institution in which the forensic examination should be carried out;
  • questions posed to the expert;
  • materials made available to the expert.
    •

Based on Part 1 of Art. 198 Code of Criminal Procedure of the Russian Federation When ordering and conducting a forensic examination, the suspect, accused, and his defense attorney have the right to:

  • get acquainted with the decision on the appointment of a forensic examination;
  • challenge an expert or apply for a forensic examination in another expert institution;
  • apply for the involvement of persons specified by them as experts or for the conduct of a forensic examination in a specific expert institution;
  • petition for inclusion in the resolution ordering a forensic examination additional questions to an expert;
  • be present with the permission of the investigator during the forensic examination, give explanations to the expert;
  • get acquainted with the conclusion of the gig expert, a message about the impossibility of giving an opinion, as well as with the protocol of interrogation of the expert.
    •

1) So, despite the fact that the examination was carried out on March 21, 2013, G. and his lawyer were familiar with the decision of March 11, 2013. to order an examination only on April 5, 2013, thereby violating the rights of the accused, provided for in paragraphs. 2;3;4;5 4.1 Art. 198 Code of Criminal Procedure of the Russian Federation.

2) In the expert’s conclusion, in violation of clause 4 4.1 of Art. 195 of the Code of Criminal Procedure of the Russian Federation states that copies of the materials of criminal case No. 70* were handed over to him, but it does not indicate which ones and on how many sheets. However, the investigator’s resolution states that all relevant materials of the criminal case are presented to the expert, but there is no mention of copies.

In violation of paragraph 3 of the same article, the investigator in the resolution in paragraph 1 raised a question that concerns another case, namely: What points of the Traffic Rules of the Russian Federation should the driver and pedestrian be guided by in this traffic situation? According to the circumstances of the accident on May 22, 2011. the pedestrian is not included. However, the expert independently changed the wording of the question: What points of the Traffic Rules of the Russian Federation should car drivers be guided by in this traffic situation? Thus, the expert himself posed the question and gave an answer to it, which is prohibited by current law. The expert's report does not indicate that he paraphrased the investigator's question.

3) In accordance with 4.1 Art. 73 Code of Criminal Procedure of the Russian Federation During criminal proceedings, the following must be proven: 1) the event of the crime (time, place, method and other circumstances of the crime);

The expert’s conclusion states: the collision, according to the driver, took place as a result of his car moving into the oncoming lane, in order to avoid a collision with the next car that had abruptly stopped in front, along which at that time a Hyundai Getz car was making a left maneuver. Such an indication of the circumstances of the accident by the expert does not correspond to the description of the accident by the investigator in the resolution, case materials, diagram and protocol of the accident, which do not indicate the third (stopped) car. Testimony of the accused himself and his wife, questioned as a witness.

4) Based on the results of the examination, the mechanism of the accident, the relative position of the vehicles on the roadway, and the exact location of the collision site were not established. The expert’s probabilistic indication of the location of the collision as being located in close proximity to the point where the “side skid” mark began to form in the oncoming lane contradicts the case materials, the testimony of the victim that she began to move towards the turn into SNT “Pasad”, and not towards the shoulder around the bend where the trail begins.

The expert did not indicate which traffic rules the drivers should have followed and did not assess the compliance of the drivers’ actions with the traffic rules.

5) The investigation did not evaluate G.’s testimony dated April 5, 2013. about the absence of a left turn signal on a Hyundai getz.

6) The investigation did not check G.’s testimony about the presence of rutting on this section of the road, which, in particular, in G.’s opinion, was the cause of the accident.

Based on the above and in accordance with Art. Art. 119,120, 159. Part 2 of Article 207 of the Code of Criminal Procedure of the Russian Federation

1) Schedule a repeat appointment automotive technical expertise with the following additional questions:

1. What was the relative position of the Hyundai Getz vehicle and the Ford C-Max vehicle on the roadway at the time of the collision?

2. Did the driver have a Ford C-Max technical feasibility prevent a collision with a Hyundai getz?

3. What requirements of the Road Traffic Rules of the Russian Federation should drivers of Ford C-Max and Hyundai Getz cars be guided by in this traffic situation?

4. Did the drivers’ actions comply with the requirements of the Russian Federation Traffic Regulations?

5. What, from a technical point of view, was the cause of the accident?

2) Schedule an auto technical examination asking the following question:
1. Was the left turn indicator on the Hyundai Getz car turned on at the time of the accident?

3) Interrogate witnesses U., V. and Art. inspector N. regarding the condition of the road surface in the place occurrence of an accident and the presence of rutting.

The results of research conducted by experts are presented in the form of conclusions. Such conclusions in addition to mandatory details(time and place of examination, grounds, information about expert organization(expert), etc.) should reflect the results of expert work: complete conclusions on the questions posed to the expert and detailed justification for these conclusions.

Expert opinions are not binding on courts. However, often a comprehensive consideration of the case and the adoption of an objective decision by the court is impossible without the help of persons with highly specialized knowledge.

Therefore, if the results of the initial examination in their content at least to some extent indicate the ambiguity (unclearness) of the experts’ conclusions or the research was carried out by them insufficiently, as well as if other questions arise regarding the previously studied circumstances of the case and the elimination of such doubts requires new research, with If there are serious procedural violations, the court raises the question of ordering an additional forensic examination.

Additional examination is entrusted to the previous or another forensic institution(to the expert). In any case, it is the court's choice.

The procedure for filing a petition and the results of its consideration

The reason for ordering an additional examination may be either the initiative of the court itself or the petition of persons who are parties to the case. IN the latter case A petition is submitted to the court for an additional examination, the form and content of which is similar to the petition for the appointment of the main examination. A sample petition for the appointment of an additional examination is provided. A request for an additional examination must contain a strong and irrefutable argument about the advisability of conducting additional research.

Such argumentation can be provided by a conclusion or opinion of a specialist based on the results of an already conducted examination. The initiator of such a conclusion is the party who does not agree with the conclusions of the examination. In fact, the opinion of a specialist is a new conclusion of another expert who conducts the same research as the first expert, in the same volume, on the same issues, but comes to different conclusions through refutation and justification of those already made. This is significant evidence, which often entails the need for another examination to eliminate contradictions.

The court's resolution of the issue of ordering an additional examination is formalized by an appropriate ruling. In this ruling, the court must indicate the reasons why it considers the study to be incomplete and indicate Additional requirements to the work of experts.

Examples and templates of applications can be downloaded on our website.

Investigator of the Investigation Department for the Ivanovo district of the Rostov region
From Stepanov Nikolai Nikolaevich
123179, Ivanovo district, Rostov region,
p. Krivorozhsky, st. Matrosova 38 sq. 1
- legal representative victim - minor
Stepanova Renat Nikolaevich /born December 7, 2001/
Ivanovo district, Rostov region,
p. Krivorozhsky, st. Matrosova 38 sq. 1

Petition
on conducting an additional forensic medical examination
(in accordance with Articles 119-120 of the Code of Criminal Procedure of the Russian Federation)

On March 7, 2010, at about one in the morning, my son, Renat Nikolaevich Stepanov, was returning from his birthday party and was attacked and beaten by Fedor Anatolyevich Furtov, who lives in the village of Krivorozhsky, which we immediately reported to the duty station of the Ivanovo District Department of Internal Affairs and we were notified that The local police officer will investigate this crime. We tried to call a local therapist by phone at night to provide first aid to our son, but we could not reach him, so the doctor examined our son only in the morning and immediately decided to immediately hospitalize him. Moreover, the doctor herself accompanied her son to the Ivanovo Central District Hospital due to his health condition.

At approximately 10.20, after examination by the doctor on duty, the son was hospitalized in the surgical department, where he was from March 7 to March 17, 20010. The diagnosis was a closed craniocerebral injury, concussion, contusion of the soft tissues of the face on the right.

At the hospital, we approached the forensic expert with a request to conduct a forensic medical examination, but she refused, citing the fact that she did not have an order to order an examination.

Since March 18, due to temporary incapacity for work due to damage to health, the son was on outpatient treatment with a consultation appointment on March 23, 2010.

On March 23, the investigator - district police officer I.A. Kosolapov. informed me that the materials of the inquiry would be transferred to the prosecutor's office, and then to the magistrate, apparently to attract F.A. Furtov. to criminal liability under Art. 115 of the Criminal Code of the Russian Federation, because the forensic medical examination report probably assessed the damage to my son's health caused illegal actions gr. Furtova F.A. as mild.

On March 24, the certificate of temporary disability for my son was extended until April 1, 2010 due to complaints of weakness, headache, and dizziness. The child cannot go to school due to health reasons.

I believe that when determining the degree of severity of harm to health, the forensic expert took into account only the son’s inpatient treatment in the Central District Hospital for the period March 7-17 and the results of a consultative examination by an ophthalmologist, as well as a temporary son's incapacity for work for the period from March 18 to April 1, 2010, i.e. for a period of more than 21 days, which is a qualifying sign of moderate harm to health.
Based on the above, I request an additional forensic medical examination to determine the severity of harm to health

(name of court)

________________________________________

Plaintiff: ________________________________________

________________________________________

(plaintiff’s postal address, telephone, email)


Respondent: ________________________________________

(Full name or name of organization)

________________________________________

(address of the defendant, telephone, email)

Third party: ________________________________________

(Full name or name of organization)

________________________________________

(address, phone, email)

Petition

on the appointment of an additional examination

Civil case No.______ is pending in the proceedings of _________________________________ (name of the court) on the claim of ______________________________________________________ (full name or name of the plaintiff) to _____________________ (full name or name of the defendant) about __________________ (subject of the dispute).

By a court ruling dated “___”_________ ____, the case was ordered to be carried out by _________ (indicate the name of the examination), which was entrusted to _________ (name of the expert or expert institution).

In accordance with Article 87 of the Civil procedural code RF, in cases of insufficient clarity or incompleteness of the expert’s conclusion, the court may order an additional examination, entrusting it to the same or another expert.

Upon reading the conclusion forensic expert it was discovered that _________ (indicate in detail what is the lack of clarity or incompleteness of the expert’s conclusion), which entails the need for an additional examination.

Additional examination must be entrusted to _________ (name of the expert or expert institution, address, if the examination is entrusted to another expert, the reasons for this must be indicated).

It is possible to additionally pose the following questions to the expert: _________ (list the questions that need to be posed to the expert).

Based on the above, guided by Articles 35, 79, 87 of the Civil Procedure Code of the Russian Federation,

ASK:

1. Assign additional _________ (indicate the name of the examination) in the case.

2. Entrust the conduct of the examination to _________ (name of the expert or expert institution, address).

3. Additionally, pose the following questions to the expert: _________ (list the questions that need to be asked to the expert).

4. Place ___________ at the expert’s disposal (indicate what exactly you want to provide)

5. Payment for the examination will be entrusted to _________ (full name or name of organization).

List of attached documents (all documents are attached with copies according to the number of persons participating in the case):

1. Copy of the petition (for review by the parties)

2. Documents confirming the request for an additional examination

3. Materials required for additional examination

“___”_________ ____ (signature) _____________

from 31/12/2018

Sometimes a request for an additional examination not submitted on time becomes the reason for an unfair decision. Therefore, it is necessary to know about this possibility and the nuances of filing documents with the court if the court has appointed.

If a request to appoint an additional examination is necessary, we will tell you how to draw up the document yourself. And justify your position to the court.

Example of a request to appoint an additional examination

To the Lesnoy District Court of the Tver Region

Applicant: Brezhnev Nikolay Alexandrovich,

address: 171890, p. Lesnoye,

st. Kommunarov, 16, 31

within the framework of case No. 4-134/2022

Petition for appointment

additional examination

In the production of Lesnoy district court In the Tver region there is civil case No. 4-134/2022 based on a claim filed by I.K. Loginova. on removing obstacles to the use of property. In this case I am.

By the ruling of the above-mentioned court dated May 14, 2022, within the framework of the case, (, as well as) was appointed, within the framework of which issues of damage and impossibility of use for its intended purpose were investigated land plot due to the refurbishment of an extension to the house that belongs to me.

The conclusion of the examination dated May 30, 2022 established that in order to eliminate obstacles, I need to rebuild the roof of the extension, turning it 90 degrees, and install a drainage system from the roof with water drainage. This method is the only one proposed by the plaintiff. At the same time, the expert did not provide other reconstruction options that could eliminate obstacles in the plaintiff’s use of the property.

According to legal position Presidium of the RF Armed Forces, the category and nature of the dispute stipulate that legally significant circumstances in such matters is to establish all possible ways to remove obstacles. In accordance with the expert opinion expressed in court hearing dated 06/08/2022, in order to study possible ways to eliminate obstacles, it is necessary to carry out additional measures and examine the objects of examination.

I ask you to entrust the same experts to carry out an additional examination and ask for permission to raise the question of the availability of other possibilities for eliminating the obstacles declared by the plaintiff and their methods.

Based on the above, guided by art. 87 Code of Civil Procedure of the Russian Federation,

  1. Appoint an additional examination, the resolution of which will raise the question of the availability of other possibilities for eliminating the obstacles declared by the plaintiff in the use of property, and ways to eliminate such obstacles.
  2. Entrust an additional examination to the experts who carried out a comprehensive examination within the framework of civil case No. 4-134/2022.

06/28/2022 Brezhnev N.A.

Grounds for filing a petition to appoint an additional examination

Carrying out an additional examination serves the purpose of eliminating any ambiguities and incompleteness in the expert’s conclusion. To competently draw up such a petition, it makes sense to familiarize yourself with the types of examinations on civil cases And .

It is very important to exercise the right to present to the court your list of questions for the expert and to familiarize yourself with the ruling on the appointment of the examination.

The court will order an additional examination if the deficiencies in the conclusion cannot be corrected by interviewing the expert. And resolving such ambiguities requires not only the use of special knowledge, but also additional research. If new issues arise that require resolution taking into account the conclusion available in the case, the likelihood of ordering an additional examination is high.

How to draw up and submit a petition to the court to order an additional examination

The court orders an additional examination or own initiative, or on the initiative of one of the parties to the civil case. Carrying out an additional examination should pursue the goal of establishing the circumstances that are relevant and included in the circle.

It is preferable to prepare a petition for the appointment of an additional examination in in writing, and not rely on the secretary’s reflection in in full the applicant's position in