Accident in an educational organization

An accident can happen in any school, in any kindergarten or other organization, even the most exemplary one - children are children. Therefore, it is important for the manager to familiarize himself with the regulations for the investigation and recording of accidents prepared by the Ministry of Health.

By virtue of paragraphs. 4 p. 4 art. 41 of the Law on Education[1], the investigation and recording of accidents with students during their stay in an educational organization is carried out in the manner established by the Ministry of Education and Science, in agreement with the Ministry of Health. This Procedure[2] was registered with the Ministry of Justice[3] on September 29, 2017 (under No. 48372) and has not yet entered into legal force. Until this time, the Ministry of Education recommends[4] to be guided by Art. 227 – 231 Labor Code of the Russian Federation.

How is the algorithm of action of the head of the institution prescribed in the Procedure and what should special attention be paid to?

What is an accident?

The procedure establishes the rules for conducting the investigation, registration and recording of accidents that occurred with students during their stay in educational organizations (hereinafter referred to as schools). Accidents include: injuries (including those caused by another person); acute poisoning; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; damage caused by animals and insects, as well as resulting from contact with plants; harm to health due to explosions, accidents (in particular, road traffic accidents), destruction of structures, natural disasters and other emergency circumstances, other harm to health caused by exposure to external factors. The result of an accident can be harm to the health or death of the student (clause 1[5]).

Where can an accident happen?

According to clause 3 of the Procedure, accidents that occur are subject to investigation and recording:

1) during lessons (including those held outside the school) and breaks, as well as before and after classes, the time of which is determined by the internal rules, work schedule and other local regulations;

2) when holding extracurricular and other events on non-school days, if the organizer is a school;

3) when undergoing educational or industrial practice and performing other socially useful work in areas allocated by the school or under the guidance and control of school representatives;

4) when the school conducts competitions and other activities (trainings, excursions, hikes, etc.);

5) when students travel to the place of study or events, if it is organized according to the administrative act of the head of the school (his deputy);

6) in the actions of students that are stipulated by the school charter, internal rules, or are committed in the interests of the school, in order to preserve the life and health of students (including the prevention of a disaster, accident, etc.).

Note:

Clause 24 of the Procedure includes accidents that, depending on specific circumstances, may, by decision of the commission, be classified as accidents not related to educational activities. These include:

resulting in death due to a general illness or suicide, confirmed by medical organizations and investigative authorities;
resulting in death, the only cause of which (according to the conclusion of the medical organization) was alcohol, drug or toxic poisoning;
occurred when a student committed actions classified by law enforcement agencies as a crime.

It is also necessary to draw up a report on the investigation of such a case using the samples given in Appendices 4 and 5 to the Procedure.

The founder of the educational organization must control the progress of the investigation, the recording of accidents and the implementation of measures to prevent them (clause 6).

For example, a murder staged as an accidental fall from a height.

Typically, signs indicating that an event has been staged are injuries caused by blows with blunt objects, which differ in their characteristics from injuries caused by a fall from a height.

One of the types of staging of murder as a result of careless handling of a weapon is the statement by the suspect that the victim inflicted a fatal wound on himself. Under such circumstances, in all cases, signs of staging can be detected by determining the distance at which the shot was fired and other signs determined when ordering a forensic ballistic examination, in particular the possibility of a spontaneous shot when the weapon falls or a shot without pressing the trigger, etc. In the same way, a staged suicide can be uncovered, in the investigation of which a significant role belongs to forensic ballistic examination (carrying out calculations regarding the possibility

the victim himself to fire the shot), as well as a fingerprint examination, examining in detail the presence and location of fingerprints on the blued parts of the victim’s weapon and their belonging to the victim or suspect.

In the practice of crime investigation, there are cases where death by drowning is faked. The circumstances of the drowning are described by the suspect in sufficient detail and, at first glance, truthfully. However, in the process of examining the scene of the incident and the corpse, data is established that refutes the testimony of witnesses. So, when measuring the depth of a river or lake in the place indicated, it is determined that the depth is insignificant, and the deceased could easily swim out. Moreover, even an external examination of the corpse indicates the presence of wounds and damage (traces of impact, penetrating wounds) that could not have been caused by drowning. During a forensic medical examination, it often turns out that the victim was thrown into the water while dead. Thus, the version of the faked drowning can be confirmed.

arson is often used , believing that the fire will destroy not only all traces, but also the corpses. Indeed, a significant number of traces of the presence of criminals at the scene, as well as traces of the murder, are destroyed under the influence of fire. However, an analysis of the circumstances surrounding the discovery of corpses related to the fire, making it possible to establish their identities, a thorough study of the remaining traces and those revealed as a result of examinations, provides the investigator with a complex of evidence indicating the event that took place and the mechanism for its implementation. In this regard, particularly important information comes from the forensic expert examining charred corpses. Thus, the results of the examination can establish that the existing injuries from exposure to fire are post-mortem, the nature of the injuries is not related to the fire, the source of the fire was fuel and lubricants in various places in the room, etc. All these signs, which have the nature of negative circumstances, indicate for the presence of staging and refute other versions that have arisen.

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A rather rare type of faking death from electric shock is a statement about the death of a person resulting from careless handling of electrical appliances or other sources of electricity. At the same time, there are also signs of staging, despite its careful preparation and the creation of a model of the incident, which seems flawless. Signs characteristic of staging in such cases are the location of electrical marks in places that are not associated with accidental touching the source of electricity, the absence of traces of a circuit from prolonged exposure to electricity on the face, the placement of the corpse relative to the source of electricity, the presence on the corpse of traces of violence or resistance during place of struggle. Exposing the staging in such cases is quite difficult and requires not only special knowledge, but also a thorough analysis of all the circumstances that may be related to the event

crimes.

In investigative practice, quite often there are cases of staging a death resulting from a car or railway injury. When investigating such incidents, the main investigative actions that contribute to the detection of staging are inspection of the scene of the incident and the corpse, as well as the appointment of a forensic medical examination. As a rule, already in the process of examining the corpse at the scene of the incident, the expert establishes the post-mortem nature of the damage caused by vehicles. The specialist draws the investigator’s attention to the location of the injury, which does not correspond to the usual location of injuries that occurs during a collision, but corresponds to injuries characteristic of the horizontal position of the victim’s body, that is, that the victim was placed on the highway or railroad tracks. Such circumstances contribute to the formation of the investigator’s version that the accident was staged.

One type of crime against life is staged suicide. It can be staged as a suicide with a firearm, by drowning, by hanging, or by poisoning. Each of the varieties has characteristics that allow us to build a version of the staging of the event.

the following signs can help to expose the faking of death by suicide with a firearm

a) the absence of traces of burns, the introduction of unburnt powder or the so-called “shtanzmark” - the imprint of a muzzle mark on the body or clothing of the victim as evidence of a point-blank shot;

b) a large distance between the traces of the shot and the weapon, which was allegedly in the hand of the victim;

c) discrepancy between the position of the weapon and the posture of the corpse, indicating that the shot was fired by another person;

d) the absence of a spent cartridge case at the scene of the incident as evidence of unnecessary destruction of material evidence (use of cartridges of the appropriate caliber);

e) the presence of two shots, each of which was fatal, etc.

The establishment of such data, obtained by the investigator independently or with the help of a forensic expert, is direct evidence of the staging, excluding other versions and refuting the statements of persons about suicide. Along with these data, the results of a thorough examination of the crime scene with the participation of a forensic ballist and a forensic expert contribute to the correct interpretation of the traces, their relative position (traces of blood), the location of the weapon in relation to the corpse, traces of a shot, etc.

Another type of re-enactment is suicide by hanging . Signs of staging in this case may include various circumstances that contradict the person’s statements about suicide. It should be noted that in some cases, the staging of a hanging is prepared very carefully; the entire mechanism is thought out by the criminal down to the smallest detail in order to create a true picture of the event. The criminal prepares not only individual material traces (ropes, suicide letters), but also ideal ones, spreading rumors that the victim had previously repeatedly expressed his intention to commit suicide, to leave a life that he was tired of; get rid of the disease that tormented him, etc. Creating ideal traces that confirm the truth of the staged event, in many cases, contributes to the emergence of false versions that interfere with choosing the right direction of investigation.

In investigative practice, there are staged suicides committed by using knives. Already upon examination of the scene of the incident and the corpse, as well as the presence of such statements, signs indicating a staging may be discovered. Such signs may be:

a) the presence of cuts on the hands of the deceased, which may be signs of resistance;

b) the presence on the bladed weapon of fingerprints belonging to another person;

c) the presence of injuries that, judging by their location, the victim could not have inflicted on himself;

d) the presence of two injuries, each of which, according to the conclusion of a forensic expert, is fatal;

e) the presence of traces clearly indicating the victim’s resistance;

f) the absence of blood spatters on the victim’s hands, which must be present in cases of self-inflicted injuries with cold steel.

The listed circumstances do not exhaust all the signs that are the basis for putting forward a version of a staged suicide, however, they guide both the investigator and the forensic expert towards this.

Fake suicide can be done by drowning. In these cases, the main signs indicating a staging is the presence of traces of violence - injuries on the hands of the drowned man in the form of scratches, blue spots, and occasionally on the head. In all such cases that raise doubts about suicide or an accident, it is necessary to pay special attention to traces of foreign influence; a forensic expert can give an opinion on the intravital or postmortem nature of the injuries.

One of the options for staging an accident is suffocation by getting foreign substances into the victim’s respiratory tract or stopping the air supply for some reason. Investigative practice knows such crimes.

The forensic literature describes staging of murder by strangers. In these cases, the basis for putting forward a version that a person’s statement was staged is the discovery of contradictions in his statement and the picture, and subsequently the model of the crime, its setting, the presence or absence of individual evidence.

Signs of a staged murder allegedly committed by an outsider may include:

a) the absence of a clearly defined purpose for such a murder - there are no grounds for revenge, jealousy, conflict relations with other persons;

b) the purpose of the killer’s presence at the scene is unclear, since valuables were not stolen, the murder weapon was taken away from the scene;

c) the absence of signs of resistance on the victim, which clearly indicates the suddenness of the criminal actions;

d) traces of destruction of barriers during penetration into the scene of the incident, which are not justified under the existing conditions (destruction of a lock that was open, penetration through a window during which no traces of impact on the frame and window sill were found, etc.);

e) traces of blood on the applicant, the presence of which is explained by the actions taken to assist the victim, but having the nature of splashes inherent in the time of infliction of certain injuries and in this regard, indicating the presence of the applicant at the time of infliction of these injuries;

f) the presence of material evidence, the location of which clearly indicates the absurdity of the actions of the person who allegedly committed the crime.

In the practice of investigating murders involving the staging of suicide or a murder committed by another person, the criminal often makes mistakes, the analysis of which, when forming a version of a crime event or its mechanism, allows us to identify circumstances that contradict the natural idea of the development of a crime event, and become the basis for putting forward versions of the crime. staging.

Along with the described cases, the natural death of the deceased is staged. Most often, this type occurs in cases of poisoning of the victim by another person who creates the impression of non-involvement in the crime. Typically, toxic substances are mixed into alcoholic beverages, medicines, drugs or food. Mixing in certain substances most often used by the victim is a very effective way of staging a natural death. On the one hand, this is a way of concealing the introduced toxic substances, on the other hand, it refutes the version of poisoning by an outsider, and on the third, it prevents the identification of the toxic substance in certain research objects, where medicinal or narcotic substances detected during the examination mainly prevail . The latter may be the basis for the conclusions of experts who did not detect toxic substances during the study and therefore believe that exceeding the dosage could lead to the death of a person. However, there are clearly identifiable signs of poisoning that need to be paid attention to, both when interviewing witnesses and during forensic and forensic chemical examinations. These signs include:

a) pronounced pallor of the face;

b) cold sweat and cramps;

c) upset stomach;

d) acute abdominal pain;

e) constricted pupils;

f) a strong odor of a toxic substance from the victim’s mouth.

In addition to the above, the detection of traces of toxic substances in food debris, vomit, and drinks remaining in bottles and glasses occurs during a forensic chemical examination. The identification of toxic (poisonous substances) becomes direct evidence of the suspects’ involvement in the crime event. Upon further investigation, this may be confirmed by statements from witnesses, including the attending physician and the doctor who issued the death certificate.

Among certain types of staging, the staging of premeditated murder for the purpose of necessary defense attracts attention . The scheme of such a staging consists of several actions:

a) imitation of an attack - for this purpose, before committing a murder, and more often after committing it, the criminal inflicts injuries on himself that do not pose a serious danger. These are, as a rule, cuts on the hands or other parts of the body, mainly soft tissues, scratches on the face, etc.;

b) the appearance of disorder in the house after the murder - broken vases, fallen chairs and other things, creating the impression of a struggle taking place here. Often, when simulating a fight, the criminal overacts, that is, he creates a mess much greater than that which could have been caused by an attack or fight with the attacker; such leaving of traces, as a rule, is poorly justified and raises doubts due to its unnaturalness;

c) preparation of murder weapons (knife, pistol, heavy metal objects), which were allegedly used by the attacker and necessarily by the criminal for the purpose of self-defense;

d) dissemination of information about the alleged conflict of the murdered person and his expression of intentions and threats against the criminal among neighbors, friends, colleagues, etc.

A careful analysis of the circumstances and evidence discovered as a result of the examination of the scene and the corpse allows us to establish a number of inconsistencies that violate the seemingly well-thought-out logic of the false statement of the necessary defense that took place during the attack, which resulted in murder. Such signs indicating the staging of the necessary defense include:

a) discrepancy between the localization of the direction of causing the damage and the testimony given by the person reporting the attack;

b) insignificance of damage (insufficient depth, superficial nature of damage when there are many of them);

c) the inconsistency of the weapon that actually caused the damage to the one about whom the applicant spoke;

d) discrepancy between traces of blood on the weapon that caused the damage and the time indicated by the applicant;

e) discrepancy between the weapon that caused the damage and the nature of the wounds inflicted (differences in the width of the blade of the cutting weapon);

f) the inconsistency of the wound injuries with damaged clothing or the absence of damage on the applicant’s clothing that should have occurred when the injuries were caused.

Some of the listed signs of staging are established during the inspection of the scene of the incident, others can be established during the forensic medical examination or examination of the applicant. The testimony of witnesses, which contradict the testimony of the suspect that the victim was distinguished by conflict, repeatedly threatened him or showed signs of psychopathic moods, also has a certain significance in establishing the fact of staging. Sharp contradictions in the testimony of some witnesses (essentially prepared by the suspect) and others who testify about the victim as a self-possessed person who does not allow any provocations, rudeness, or violence also give grounds for putting forward the version that the necessary defense was staged. Evidence of a false statement about the necessary defense is the obvious discrepancy between the physical characteristics of the murdered person and the applicant, in which the alleged attacker was a weak person, and the imaginary victim, who defended himself during the attack, turned out to be much stronger.

The variety and nature of the staging depends on many factors, but, above all, on the mental scheme of its creation built by the criminal. In this regard, the staging can be simple or complex, designed for a fairly quick exposure, or long-term, requiring significant efforts of investigative, investigative and expert bodies.

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Responsibilities of the manager.

The head (or his deputy) must be immediately informed about the accident by the person who conducted the lesson or event during which the emergency occurred (clause 5).

Let us consider in detail the algorithm of actions of the head of an educational organization (or his deputy) in the event of an accident:

1) immediately organize the provision of first aid and, if necessary, delivery of the victim to a medical facility;

2) take urgent measures to prevent an emergency so that others do not suffer;

3) record the situation at the time of the incident before the start of the investigation (for example, diagrams, photography, video recording), but provided that this does not threaten the life and health of other persons or the occurrence of other emergency circumstances;

4) take measures to eliminate the causes that caused the accident;

5) inform the founder and parents of the victim about the incident;

6) take other necessary measures to organize and ensure a proper and timely investigation and registration of its materials (clause 7).

Attention! If an accident:

group (more than one student was injured, regardless of the severity of the injuries);
severe (the student received serious injuries);
with fatal outcome -

then the manager is obliged, within 24 hours from the moment of receiving information about the incident, to report [6] about it to the territorial body of the Ministry of Internal Affairs, the parents or legal representatives of the victim, the founder, and the representative body of students of the educational organization (if any). The message can be sent by phone, email, or through other available means of communication (clause 8).

If the serious consequences of the accident appeared later (serious harm to health was established, the number of victims increased, the victim died), the head, within three days after receiving information about the consequences, is obliged to inform the Ministry of Internal Affairs, the founder, and the representative body of students about the incident (clause 12).

Accident investigation

A commission should be created to investigate the accident. If there is only one victim and the injuries are minor, then the commission is formed by the head of the institution; if the consequences are severe, then the founder (clauses 9, 10).

The head must include at least three people in the commission and approve the composition by administrative act. The commission is headed by himself (or his deputy). Other members may be a labor protection specialist authorized by the representative body of students.

Adult victims or legal representatives of minor victims have the right to personal participation in the investigation (without inclusion in the commission), as well as to familiarize themselves with the investigation materials (clause 15).

But the person who conducted the classes or events during which the incident occurred is prohibited from being included in the commission (clause 9).

The investigation period is three calendar days from the moment of the emergency. The algorithm for the work of the commission of an educational institution is prescribed in clause 16 of the Procedure.

For your information:

If the commission is formed by the founder, then its composition includes representatives of the organization in which the accident occurred (except for persons involved in the emergency).

If an accident occurred during practical training, it will be investigated by the employer, but the commission must also include a representative of the educational organization (clauses 10, 11).

At the request of the commission, the head of the institution where the accident occurred ensures that an expert opinion is obtained based on the results of the necessary examinations, and at the expense of his organization (clause 18). The manager can also send a request to the medical organization that provided assistance to the victim to issue a medical report or a report on the cause of death (clause 19).

The manager’s responsibilities also include approval of the report, drawn up no later than three working days after the completion of the accident investigation (clause 21).

How to set up a fatal accident

Criminals go to great lengths to hide the traces of their crimes. Especially when it comes to murder. Criminals take a person’s life and then disguise the incident as an accident. There seems to be no evidence, no suspects, everything looks like a natural death. But later it turns out that this is still a murder. Such a seemingly “ideal” crime was solved in Chelyabinsk.

Last year in Chelyabinsk, the corpse of twenty-year-old Victoria Pavlova was discovered at the entrance of one of the residential buildings on Barbussa Street. According to forensic experts, the girl died from a drug overdose.

Neighbors and friends confirmed that Pavlova was a drug addict. This was evidenced by numerous traces of intravenous injections on her hands. Everything seems clear: a banal death from an overdose. At first, the Chelyabinsk prosecutor's office decided to refuse to initiate a criminal case.

But then interesting facts were revealed. Shortly before the incident, the girl sold her apartment. The deal was officially registered. But where did the proceeds go? Pavlova could not spend a large sum in such a short period of time.

Maybe they were stolen while she was high? Or maybe, on the contrary, they killed because of money and then staged an accident? There were many versions. Soon, police officers were on the trail of one of Pavlova’s acquaintances, who also used drugs. As it turned out, he was an accomplice to a crime that was committed by order.

The person who ordered the murder turned out to be a resident of the Sosnovsky district of Chelyabinsk. The woman bought an apartment from Pavlova for a million rubles. But I really didn’t want to part with the money. Then she decided to organize the murder of the girl. Since many people knew about Victoria Pavlova’s passion for drugs, the new owner of the apartment decided to fake an accident.

She found two drug addicts who were acquaintances of Pavlova. They immediately agreed to help her for a certain reward - fifty thousand rubles each. The young people injected the girl with a lethal dose of the drug, after which they dragged the body into the entrance of a house on Barbusse Street.

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The direct perpetrators of the murder were also detained. Investigative actions are being carried out with them, reports the press service of the Investigative Committee at the Prosecutor's Office for the Chelyabinsk Region.

A similar crime was solved in March of this year in Khabarovsk. True, in this case the killers had no selfish interest. The crime was committed, in police language, on domestic grounds.

At the beginning of March, the body of a 33-year-old city resident was discovered on the railway tracks, in the area of 60 Let Oktyabrya Avenue. At first glance, it seemed that the man, who was heavily intoxicated, died in an accident - he was hit by a train. Or committed suicide.

But experts found numerous signs of beatings on the man’s body, apparently inflicted shortly before his death. During the investigation, it turned out that the night before he had been drinking in the company of friends.

According to the investigation, at some point a quarrel arose between the drinking buddies, and then a fight. The 33-year-old man was severely beaten. He lost consciousness. His friends apparently decided that he had died and were scared. To hide traces of the crime, they decided to stage an accident. Fortunately, there was a railroad nearby.

They carried the unfortunate man out into the street and, still alive, as it turned out later, threw him under the wheels of a passing electric train. Two suspects in the crime were detained on the same day, two more three days later.

All four are currently under arrest. They have been charged with murder committed by a group of persons by prior conspiracy. The punishment provided for in such cases by law is from eight to twenty years in prison. The fate of the accused will be decided by the court.

In the Psychology , the question is, if we say you need to kill a person, how would you do it? if you are given all possible means - money, weapons. asked by the author Neurosis the best answer is with a napkin: 1. Stuff the napkin down your throat. 2. Dissolve the napkin, then administer intravenously. 3. Burn a person on napkins. 4. Place a person in a closed room, in which there are small holes in the floor, and below him a room in which the napkins are on fire. 5. Soak a napkin with poison, which is absorbed through the skin and let it hold. 6. When closing a sealed hatch (submarine, space station), place a napkin between the lid and the wall. 7. At high speed, before a dangerous section of the road, cover the windshield of the car with napkins. 8. Write a curse on a napkin and give it to the victim. 9. Force a person to eat, drink, smoke only napkins. 10. Accelerate the napkin to the speed of sound and pierce its head. 11. Using glue, make weapons out of napkins. 12. Press down with plenty of napkins. 13. Give energy to the atoms of the napkin and make them radioactive isotopes. 14. Throw a napkin onto the top of a mountain, thereby causing an avalanche. 15. Draw a hypnotic spiral on a napkin and make it die. 16. Write something very bad on a napkin to a crowd of men in the name of the victim. 17. Hit your head with a napkin for a long time. 18. Drive to suicide by bringing a child's head on a napkin. 19. For epileptics: paint a napkin with bright colors and quickly wave it in front of your eyes. 20. Write a murder order to the killer on a napkin. 21. Hide exposed high voltage wires under a napkin. 22. Stuff napkins into the fuel tank of an airplane. 23. Wrap the weapon in a napkin. 24. Soak a napkin with valerian, place it on a person and let them into a room with a very large number of cats. 25. Wrap anthrax powder in a napkin. 26. Place a damp cloth in a dangerous place so that the person slips. 27. Name the child Napkin and raise him as a professional killer. 28. Make a Woodoo doll out of a napkin. 29. Create a suicide sect where the Great Napkin is worshiped, then lure a person there. 30. Scare a person with a weak heart with a napkin. 31. Stuff the salvetka with electronics, turning it into a combat robot. 32. Put the salvet in the gas tank and set it on fire. 33. Put a napkin in shoes so that a person rubs his foot and subsequently dies from gangrene. 34. Cover the pit trap or mine with napkins. 35. Make a rope out of napkins and hang it on it. 36. Use a napkin to erase warnings about danger, such as “don’t trade, it will kill you.” » 37. Cut a vein with a napkin. 38. Insert a napkin into a person’s body, thereby causing blood poisoning. 39. Damage a life support machine with a selfie. 40. Teleport a napkin into a person’s brain. 41. Kill the pilot of the plane on which the person is flying using other methods. Dexter Morgan Master (1376) 42. Eat alive and wipe your mouth with a napkin

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Only in the movies does everything happen so simply: he came up, grabbed him by the neck and turned him around. and there are no witnesses

Have you ever done this yourself? You don’t need to advise any crap, I’m sure that you can’t easily break a person’s neck without preparation. Besides, this is an entrance, according to the law of meanness, someone is bound to see it

What the hell is this about the “boyish code of honor”? Do you live according to the concepts of the zone?

This means that killing a person is, in your opinion, noble, but writing a statement to the police is beneath your dignity. There can be only one practical advice here, and it has already been voiced - constantly call the police so that they take measures, of which they have a lot.

Suppose you kill this guy and then what? Firstly, if you get caught, you yourself will go to jail for 8 years. Secondly, his disabled mother will have to pay for the funeral and organize everything, but she probably doesn’t have extra money. Such junkies/drunks are only really afraid of the police, and threats from a neighbor (even if you knock a couple of times) don’t last long.

In my practice there was a similar case, there, too, the son was rowdy at home and beat his mother. She will call the police, and then she will go to his station and stand up for him. In general, the police, together with the neighbors, persuaded her to complete the case, gave him 1 year in a colony-settlement, and returned from there - calmer than water, lower than the grass.