Genital mutilation as a consequence of criminal offence against a person

Abstract

The aim: The paper is aimed at creation of a procedure for determining the loss of any body organ or its functions, genital mutilation, as the signs of grievous bodily harm, penalty for which is stipulated by the Article 121 of the Criminal Code of Ukraine, as well as establishing the possibilities of legal setting of the concept of “genital mutilation”. Materials and methods: Over 100 criminal proceedings, involving forensic medical examination, under the Article 121 of the Criminal Code of Ukraine for the period from 2007 to 19.05.2019 have been studied. Common methods of research have been used, namely, the analysis and synthesis, statistical method, as well as own observations of the process of judicial examination of the above criminal proceedings, as well as individual interviews, survey of the victims and their family members in total of 39 people. Results and conclusions: The findings of the investigation enabled detecting the gaps in the regulation of the procedure to define genital mutilation as a characteristic feature of grievous bodily harm. The ways of further improvement of the procedure of conducting expert studies of genital mutilation as a characteristic feature of bodily harm, which facilitates avoiding of errors in forensic medical and judicial practices have been found. The process of criminalization of the illegal conduct of surgical operations, resulted in mutilation of genitalia, must take place with the mandatory involvement of specialists in the field of practical medicine, as well as medical scientists specializing in sexopathology, gynecology, oncogynecology, forensic medicine in order to avoid errors in the lawmaking.