THE CONFRONTATION OF THE EXPERT OPINIONS IN THE FORENSIC EVALUATION OF FRACTURE-DISLOCATION OF THE FOREARMS BONES COMPOSING ELBOW JOINT

The article deals with the expert interpretation of the weight and the mechanism of the formation of the casus of fracture-dislocation of the forearm’s bones composing elbow joint. The author shows the exchange of the arguments and the counter-evidence in the long forensic process. The main subject of the confrontation was the opposite evaluation of the trauma weight (harm to the health grave or medium-gravity). The principle difference of the expert judgements on the fact of the discussed trauma is in the use of the definitions p. 6.11., p. 6.11.3., p. 6.11.11.,p. 7.1. of the Medical criteria of the severity determination of the harm caused to the human’s health approved by the Order № 194n by the health Ministry of Russia the 24th of April 2008 . At the same time it is morphology that determines the mechanism of the formation of the trauma and the way of its receiving. So the dilemma has come across the counter-evidence: “trauma caused by the fall” and “trauma caused by the straight blow of the dull object”. The article shows the importance for the expert process of the proper vision of the initial morphology of the trauma noted by the X-ray on the fact of the first application of the patient for the medical aid.