Forensic medicine is considered an important technical guide in the field of criminal investigation, as it contributes to revealing the truth through scientific and medical expertise that is presented to courts and investigative bodies. The forensic doctor’s report occupies a distinguished position among the means of proof, because it contains technical results that the judge or investigator cannot reach without the assistance of a specialized expert. First: The concept of the forensic doctor’s report The coroner’s report is the official document issued by the coroner after examining the corpse, the injured person, or physical evidence of a medical nature, at the request of the judicial authorities, including the results of the examination, the medical diagnosis, and scientific conclusions related to the cause of death, the type or nature of the injury, and the extent of its relationship to the criminal act. Second: The legal basis for the coroner’s report in Iraqi law The amended Iraqi Code of Criminal Procedure No. (23) of 1971 recognized the Importance of technical expertise in evidence, including forensic doctors’ reports.Article (79) of the law stipulates that “the investigator or the court may, when necessary, seek the assistance of one or more experts to express an opinion on technical matters that he cannot decide on his own. The expert may submit his report in writing or orally, and it is recorded In the record.” Article (213/A) of the same law also stipulates that: “The court may base its ruling on the expert’s report if it is confident of its accuracy and it is consistent with the facts of the case and its other evidence.” This means that the forensic doctor’s report is not conclusive evidence in itself, but rather it is technical evidence that is evaluated according to the court’s conviction and in conjunction with the rest of the evidence in the case. Third: The validity of the forensic doctor’s report in criminal evidence Although the forensic report is considered important technical evidence, the court is not obligated to take it literally. Rather, it may rely on it as strong evidence if it is consistent with other evidence. The strength of the forensic report lies in that it is issued by a specialized and neutral official body, and is based on accurate scientific foundations, which gives it a high degree of reliability.In many cases, the forensic doctor's report is considered the decisive factor in determining the type of crime, such as distinguishing premeditated murder from manslaughter, or proving cases of rape, torture, or domestic violence. The Iraqi Federal Court of Cassation confirmed this in its decision No. 185/Criminal Commission/2021 on 6/10/2021, stating that “the forensic doctor’s report is among the technical evidence that guides the court in forming its conviction, and it is not considered decisive evidence in itself unless it is supported by other evidence in the case.” Conclusion: It can be concluded from the above that the forensic doctor’s report is considered an essential technical means in criminal proof, which the judiciary uses to reach the truth, but its legal value is subject to the discretion of the court according to its conviction and its suitability to the rest of the evidence.It is an auxiliary and complementary guide that is not independent of judgment, but it is often decisive in directing a pathJustice. Al-Mustaqbal University – the first university in Iraq.
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