Biochipping in forensic medicine as a technology for determining consent to harm: a scientific review

Abstract

Background. The article deals with the issues of determining consent to harm, as grounds for excluding crime, through the prism of the totality of mental and physiological processes in the victim's body, taking into account the analysis of the emotional attitude to the traumatic situation. Aim. An attempt is made to use the interrelation of the emotional reactions of the organism to the stimulus, through its mental and chemical manifestations, to establish the nature of the attitude of the victim of violence to a specific action. Materials and methods. The materials of the study were the norms of the criminal legislation of the Republic of Kazakhstan and foreign states on the meaning of the victim's consent to harm to his or her peers and interests, in particular in cases of sexual inviolability. When studying the literature on this topic, the relationship between the subjective attitude of the victim of violence and the chemical and physiological processes in the body was noted. The achievements of scientists in determining chemical and physiological signs of stress in real time on the example of bioanalysts- biochips are analyzed. Based on the results of the research, generalization of scientific works, analysis of legislation on the subject, the authors of the work considered the evidentiary value of these technologies as a way to determine the consent of the victim in the absence of signs of stress at the time of exposure. Conclusion. The use of biochips with analyzers of chemical and physiological changes in the human body in real time will not only determine the stress state of the victim at the time of the attack, as a sign of consent or refusal to act, but also expand the possibilities of not only forensic medicine, but also in general practical medicine in early diagnosis of diseases and prompt treatment. In addition, the work carried out a SWOT analysis of the use of biocyping to resolve the issue of determining the victim's consent to harm, excluding the possibility of manipulation and falsification of evidence.