Domestic Violence in Moldova - The Advocates for Human Rights

illness. 202 They also include injuries that permanently reduce the victim’s capacity towork by at least one-third. Medium injuries are those which, while not life-threatening,take more than three weeks to heal and cause less than one-third incapacitation. 203 Lightinjuries are further subdivided into those that take between six and 21 days to heal andcause less than 15% incapacitation, and those with a healing period of less than five days(“insignificant incapacitation”). 204 Section 32, which defines light injuries, contains thefollowing note:Beatings are characterized by blows, most often multiple ones. If thebeatings did not result in visible injuries (bruises, scratches, etc.), theforensic doctor shall include in his report the complaints of the victim andindicate that no objective symptoms of injuries have been found andtherefore no assessment of the degree of injuries is carried out.The regulations list the level of incapacity believed to result from specificinjuries. They also include a detailed listing of serious injuries. Other than the noteabove, however, there is no detailed description of injuries that fall into the medium orlight categories.2. ProcedureForensic experts are integral to the prosecution of domestic violence, sinceprosecutors will not open a case of criminal bodily injury without a forensic report on thedegree of physical injury. Typically, a case comes to the police and the police officerrefers the woman for a forensic examination. If a victim seeks emergency treatment, thehospital will alert the police and the police will authorize a forensic examination. Beforemaking a referral, the investigator usually asks the treating doctor specific questionsabout the type of injury and its probable cause.Forensic doctors describe injuries and determine the level of injury as defined inthe forensic regulations. These definitions are in turn determined by the degrees of injuryidentified in the Criminal Code. Forensic experts may take into account the findings andreports of other doctors, clinics and hospitals. The doctor’s task, however, is not todetermine the legal classification of the crime under the Criminal Code. According to theCriminal Procedure Code, that is the responsibility of the prosecutor or theinvestigator. 205 After the forensic doctor examines the patient, he or she provides theinvestigator with a report that includes a conclusion. Based on the conclusion, the192Id. at Chapter I, section 8.203 Id. at Chapter II, section 28.204 Id. at Chapter III, sections 31, 32.55.205 Interview, May 5, 2000 (law professor, Yerevan); see also Code of Criminal Procedure, Articles 54,Minnesota Advocates for Human Rights, Domestic Violence in Armenia, December 2000 37