METHODOLOGICAL PRINCIPLES OF DETERMINING CAUSATION IN FORENSIC EXAMINATION

The scientific work is devoted to the methodological principles of establishing causality in forensic medical expertise. Establishing a causal relationship during forensic medical examinations is one of the most difficult expert tasks. On the one hand, it is a generally accepted fact that any person is criminally liable only for the consequences that were caused by his actions. It is the establishment of a causal relationship between the actions of the accused and the consequences of these actions for the victim that makes it possible to bring the former to criminal liability. On the other hand, the doctrine of cause and effect is primarily a philosophical issue and its solution should not be a forensic medical task. Such a two-sided view of the problem of establishing a causal relationship during forensic medical examinations complicates the work of the expert in providing an answer about the presence or absence of a causal relationship. The authors analyzed the scientific literature over the past 10 years and proposed a methodology for use evaluating cause-and-effect relationships by moving from a philosophical to a medical concept.