Author/Editor     Merc, B
Title     Vloga izvedenca medicinske stroke pri ugotavljanju vzročne zveze med nastalo posledico kot objektivnim pogojem kaznivosti in storilčevo povzročitvijo nevarne situacije
Translated title     The role of the medical expert in ascertaining the causality between the proceed consequence as the objective condition of the culpable act against the public traffic security and the dangerous situation caused by the deliquent
Type     članek
Source     Med Razgl
Vol. and No.     Letnik 32, št. Suppl 4
Publication year     1993
Volume     str. 91-100
Language     slo
Abstract     In culpable acts against the public traffic security in criminal law the explicity asserted subjective responsibility of the deliquent forcefully approaches the objective responsibility. The consequence (body injury or death of the damaged person), which is the objective condition of the culpability, is not included in the subjective relation of the deliquent as it is beyond his possibility of influence and therefore depends on the particular case. As the court has to determine the causality between the deliquent transgression of the traffic regulations and the actual consequence, it is often found in a hard position. Therefore, an expert is asked to help. The expert has to explain whether the consequence is to be ascribed to the deliquent's act exclusively or predominantly. In such cases the expert often has to find out hypothetically what kind of consequences would occur if there were no accompanying circumstances presented. Numerous ethical and legal questions concerning the work of the expert and the court have appeared, and should therefore draw the public attention.
Descriptors     ACCIDENTS, TRAFFIC
FORENSIC MEDICINE
EXPERT TESTIMONY