{"id":6850,"date":"2014-06-20T02:06:23","date_gmt":"2014-06-20T02:06:23","guid":{"rendered":"https:\/\/cmpf.ma\/?p=6850"},"modified":"2025-03-14T02:17:55","modified_gmt":"2025-03-14T02:17:55","slug":"un-projet-de-loi-pour-structurer-la-medecine-legale","status":"publish","type":"post","link":"https:\/\/cmpf.ma\/en\/un-projet-de-loi-pour-structurer-la-medecine-legale\/","title":{"rendered":"A bill to structure the legal medicine"},"content":{"rendered":"
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A national Board of forensic medicine with legal personality and financial autonomy will be created. The project limits to the exercise of legal medicine at the university hospital centres. Themselves as fully-fledged members of the profession, the doctors of the health offices want to keep all of their prerogatives.\u00a0<\/p>

An activity to the image of a judicial system that is always looking. Forensic medicine, the famous "bridge launched between the law and medicine", is one of the professions the least known of the nebula that is the ecosystem of a criminal procedure. A report of the national Council of human rights (CNDH), dating back to July 2013, establishes a finding overwhelming. Main failure: an unequal distribution of the experts at the national level betrays a staggering inequality between the regions in terms of the availability of medical examiners and the conditions of their work. A door open to a trial "botched". The ministry of justice and liberties, however, seems determined to put in order in preparing a bill "for regulating the profession of forensic pathology". The text, submitted to the general Secretariat of the government, is intended to "pose a comprehensive legal framework" of the activity, forensic, and this, "meaning the medical services suited to the practice, their powers and their obligations".<\/p>

Forensic medicine is regulated in Morocco by three texts : the codes of criminal and civil procedure and the code of ethics of medicine. Article 64 of the code of criminal procedure allows the officer of the judicial police of "appeal to any qualified person to make findings that could not be postponed". It is at this time that the doctors may be required to make findings of death or forensic certificates for victims of physical violence and\/or sexual, or for any other act of medico-legal pressing a person. In the case of the discovery of a corpse whose cause of death is unknown, article 77 of the code of criminal procedure requires that the officer is advised to immediately inform the public prosecutor's office to come without delay on the premises, and conduct preliminary findings. It is the public prosecutor who deems it necessary (or not) the appointment of a forensic pathologist. Articles 73 and 74 recommend, however, that prosecutors (it is not a tax because the legislator uses the expression, "if the circumstances of the investigation so require") to "submit any accused person to a medical examination if he or his council so request or if he finds traces for this review".<\/p>

In civil matters, this is the article 55 of the code of civil procedure lays down the rules. Except in exceptional cases, the expert is, in principle, be chosen from among the physicians listed in table experts. On the moral plane, section 8 of the code of ethics of medicine prohibits practitioners to"establish a report that is misleading or to issue a certificate of convenience". In addition, section 50 prohibits "the doctor to accept a mission in which the interests of one of his clients, his friends, his relatives, or his own interests are at stake, except with the agreement of the parties."<\/p>

A mess created by a multitude of unrelated texts<\/strong><\/p>

Only, behind this legislation, which has the merit to exist, the reality is quite different. "The situation is unique: no pathologist is included in the table of experts" as required by the code of civil procedure, precise Hicham Benyaich, associate professor of forensic medicine and physician-in-chief of the medico-legal Institute of the CHU Ibn Rochd, Casablanca. "There is a critical lack of structures and providers of individualized services such as the local emergency room. A first difficulty for the judicial police to find both a doctor available and competent to act in medico-legal cases, and a second for the prosecutor's office to know the name of the physician who will perform the autopsy", he explains. Constraints that have their origin primarily in the scarcity of human resources. "To this day, there are only 13 forensic pathologists trained 2 assistant professors and one associate professor", and lamented it at the 5th Symposium of the regional dialogue on justice. A blur reign also on the status of medical examiners. "Is it a specialist in forensic medicine, or a physician acting on behalf of justice?", asks the Pr Benyaich.<\/p>

"The disparities in the practices of forensic due to the fact that there are no uniform procedures at the national level to apply to situations of death is to be the subject of an investigation by forensic", regrets, for its part, the national Council of the rights of man. The autopsy cases, moreover, are the evidence: skills, attribution is not defined, a cadaver, whose cause of death is unknown to the subject, according to the cities, an order of autopsy sometimes established by the Court of first instance or the Court of appeal. For accidental death, we proceed, according to the courts, either to an external review of the corpse alone, or to have an autopsy, and this, even if the death has been found on the scene of the accident by the traffic accidents or a brigade of the gendarmerie.<\/p>

At the 5th Symposium on the reform of the judicial system, several complaints have been made: "the Establishment of a central design of a master plan of the activity, medico-legal, involvement of municipalities in the development or construction of new morgues hospital...". Something promised, something due. Or almost. The bill introduced by the ministry of justice sets out the definition of a medical examiner. It is a matter of "doctors specialized in forensic medicine enrolled at the College of physicians and having a recognized training in the field." New : corporations are now empowered to develop expertise, they must be "authorized by the national Board of forensic medicine". Here it is the famous "central". With governing bodies, the legal medicine will certainly reach another level on which she stumbles since 1995 and the creation of the first service, university hospital of forensic medicine. The commission will in particular benefit from the legal personality and financial autonomy. Without specifying its prerogatives or its composition, the bill imposes on him, however, to prepare an annual report and present it to the ministries of justice, health, higher education, the interior, the Court of cassation, and the direction of national Defence. It will also be competent to impose disciplinary sanctions. With regard to criminal sanctions, they are the responsibility of the public prosecutor, and may range from one to two years of imprisonment and 1 200 to 5000 DH fine.<\/p>

The moroccan Association of medical doctors of hygiene tactile<\/strong><\/p>

According to other practitioners who work in the famous BMH (municipal offices hygiene), under the authority of which are the morgues, the municipal, the exercise of legal medicine is conferred by a joint order of the ministry of the interior and health of the January 12, 2011. The moroccan Association of medical doctors of hygiene, their representative organization, refutes the results of the study of NHRC. Dr. Farida Moussaoui, a member of the association in service within the town of Rabat, said : "The study that has been made is biased. The work of the doctors of the local authorities has not been taken into account".<\/p>

She adds: "We have discussed with the governing bodies of the national Council of human rights, which is committed to reviewing the results of the report". In the meantime, a "counter-report" has been prepared by the association. In four parts, the medical officer revisits the history of the profession (see box) and dismantle the report of the COMMISSION, while evaluating the draft law submitted by the ministry of justice and liberties.<\/p>

"The programme of the visits of the commission charged with the study focused on some cities (Fes, Safi, El Jadida and Khouribga) that do not meet any standard of hygiene and medical liability. The report ruled out the quality inalienable other centres, such as those of Casablanca, Rabat and Tangier. The results of the report of the COMMISSION on the centres of forensic medicine does not reflect a general reality," says the counter-study. It reads, "the doctors of the health offices practising medicine legal designation of the courts with impartiality and without any intervention of the presidents of the territorial communities". The statement, according to which there would have only been 13 doctors-pathologists is completely refuted. "More than 70 doctors of the local communities have passed the certificates of specialized study in forensic medicine ! With this figure, we represent more than 90% of the activity," protested Dr. Moussaoui. It is on this ground that they criticize the draft law regulating the profession. While the text limit the activity to the university hospital Centers (CHU), they oppose the decision of the ministry of health, dating back to the July 6, 2011. "No indeed, "the access of a corpse in the university hospitals, in case of existence of the centre of forensic medicine within the territorial community".<\/p>

In the imbroglio legal surrounds the legal medicine (see box), another text comes compete with the code of civil procedure, criminal law and the code of ethics of medicine : the status of the public service. Enrolled in the College of physicians, the physicians of BMH, therefore, may be mandated by the courts. However, they are not counted among the coroners of the liberal professions, or within a HOSPITAL. It is, therefore, not only is it a bug statistics, but also to a conflict of jurisdiction. The blur of the legal system is a shared understanding by the medical officers who also call it the hope for a unification of the legal system.<\/p>

30 DH for a judicial expertise !<\/h2>

The remuneration of experts is done either from the amounts recorded by the parties, in this case the victims for the first expertise, or by the public Treasury in the framework of legal assistance. When the cost of the expertise is to move forward by one of the parties, the amounts generally range from 400 DH-600, DH, and are recorded at the level of the fund of the tribunal. In respect of accidents at work and occupational diseases, the costs are advanced by the Treasury for the first expertise.<\/p>

Normally, the royal decree of February 6, 1963, relating to workmen's compensation, provides in article 239 that medical experts are paid according to the rates of expertise expected in the field of criminal investigation. The royal decree of 31 December 1986 on charges of justice in criminal matters has set the price at 30 DH. However, the courts visited by the mission generally apply rates ranging from 100 DH 200 DH. Of remuneration deemed "insufficient in view of the intellectual" for the COMMISSION, as is the Association of physicians of municipalities.<\/p><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

A national Board of forensic medicine with legal personality and financial autonomy will be created. The project limits to the exercise of legal medicine at the university hospital centres. Themselves as fully-fledged members of the profession, the doctors of the health offices want to keep all of their prerogatives. <\/p>","protected":false},"author":1,"featured_media":6852,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-6850","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/posts\/6850","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/comments?post=6850"}],"version-history":[{"count":4,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/posts\/6850\/revisions"}],"predecessor-version":[{"id":6855,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/posts\/6850\/revisions\/6855"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/media\/6852"}],"wp:attachment":[{"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/media?parent=6850"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/categories?post=6850"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cmpf.ma\/en\/wp-json\/wp\/v2\/tags?post=6850"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}