The requisition
I /.DEFINITION:
The Medical Requisition is the Injunction (specific Order) made to the Doctor by a Judicial or Administrative Authority to carry out such and such a Medico-Legal Order mission.
This is an Urgent Medical Procedure.
Any doctor may be concerned regardless of their mode of practice or specialty.
The doctor becomes an auxiliary of justice for the duration of the execution of this requisition.
II/.THE REQUIRED DOCTOR :
The role of the Doctor is to enlighten and advise. It is according to his opinion and his technical advice that the P. R or the JI assess the facts which escape their competence.
By means of the Requisition, these Magistrates delegate part of their Authorities to the Doctor.
Because, according to the expression of AMBROISE PARE: “THE MAGISTRATES JUDGE ACCORDING TO WHAT IS BROUGHT”
It is therefore superfluous to insist on the importance of this role.
The Required Physician makes observations; discusses and interprets them on the basis of medical science.
These findings are of capital importance in the debates, and it can be said that the acquittal or conviction of an accused depends on them.
III/. LEGISLATION In theory, we recall the following Legislative Texts:
1°) ALGERIAN CRIMINAL PROCEDURE CODE:
Art. 49 : If it is necessary to make findings which cannot be postponed, the OPJ has recourse to all qualified persons….
Art. 62 : The PR goes to the scene if he deems it necessary and is assisted by people capable of assessing the nature of the circumstances of death.
2°) Law 85.05 of February 16, 1985 relating to the LPP S:
Art. 210 : Doctors, Dental Surgeons and Pharmacists are required to comply with the Requisition orders of the Public Authority.
Art. 236 : Refusal to comply with requisitions … is punishable in accordance with the provisions of Art.422 Ter of the CP which is replaced by Art.187 Bis (Law of 01.09 of June 26, 2001)
Art. 207/1 and 207/2
IV/.IN PRACTICE WHO MAY BE REQUIRED?
Any Doctor of Medicine authorized to practice his Art on the national territory in the absence of a Coroner within the limits of his competence (Art.207/1 Paragraph 2 of the LPPS: however in the absence of a Coroner any Doctor, Dental Surgeon or Pharmacist may be required, within the limits of his competence)
Without this, the Judicial Authority MUST request the Forensic Doctors to perform Medico-Legal acts.
(Art.207/1 Paragraph 1 of the LPPS: The Judicial Authority MUST request Forensic Doctors to perform Medico-Legal Acts)
V/.WHICH AUTHORITY HAS THE POWER OF REQUISITION?
Most often it is the Judicial Authority:
- A Judicial Police Officer (JPO) who is a police officer or gendarme.
- A Magistrate: Prosecutor or his substitute.
Much more rarely: in the administrative framework:
- The Wali;
- The Chief of Daïra.
- A Judicial Police Officer in Administrative Police
- A hospital director.
The requisition
VI/.IN WHICH CASE CAN THE AUTHORITY ADDRESS THE REQUISITION?
This is when it needs the skills of a technician to obtain information likely to facilitate the exercise of public action or the repression of an Offense (Crime or Misdemeanor)
The most common cases are therefore those of Flagrant Delict, Violence and Suspicious Death.
Likewise, in the event of calamities (Accidents, Fires, Earthquakes, etc.)
The Administrative Authority may require any citizen to provide a service that his profession allows him to provide.
VII/.HOW IS THE REQUISITION MADE? It is not subject to any special form.
In principle, it is WRITTEN, with the applicant having to make his status known and write his order in imperative terms which leave no doubt as to the scope of the requisition.
In accordance with Art.207/1 Paragraph 3 of the LPPS which stipulates:
“The Medico-Legal mission is formulated in writing”
However, it can be expressed verbally in case of emergency.
VIII/.WHAT IS ASKED OF THE REQUIRED DOCTOR?
The object of the requisition concerns in practice urgent medico -legal acts which cannot be postponed, namely for example:
- Victim examination (Injuries; Sexual assault; Victims of abuse)
- Examination of persons suspected of being intoxicated (toxicological samples)
- Examination of a person in custody
- Medical-psychological examination (quickly after the fact): mental state examination….
- Examination of corpse (body removal; determination of death and search for cause of death.
- Forensic autopsy.
IX/.WHAT SHOULD THE REQUIRED DOCTOR DO?
- He must carry out the Medico-Legal Act requested of him;
He must respond ” to the mission, nothing but the mission “
- He must draw up a detailed report of these findings;
- He must submit this report to the Requesting Authority.
NOTE: The Doctor, within the framework of his mission, is only released from professional secrecy vis-à-vis the requesting authority and this only concerns the object of his mission. (Art.206/4 of the LPPS)
X/.CAN THE DOCTOR REFUSE TO COMPLY WITH A REQUISITION:
A- Refusal to comply with a requisition from the public authority constitutes an offence punishable by penalties provided for in Art.236 of the LPPS: “Refusal to comply with requisitions from the public authority established and notified in the regulatory forms, as provided for in Art.210 of this law, is punishable in accordance with the provisions of Art.422 Ter. of the CP”
Article 422 Ter. of the CP was repealed and replaced by Article 187 Bis of Law No. 01.09 of June 27, 2001, which stipulates: “Anyone who fails to comply with a requisition order drawn up in the prescribed forms shall be punished with imprisonment of 02 months to 06 months and a fine of 1000 DA to 10000 DA or one of these penalties only.”
B- Refusal to comply with a requisition does not constitute an offence if the Doctor justifies it with a legitimate reason:
- Either he considers that the questions put to him are beyond his competence or foreign to medical technique (Art.207/2 Paragraph 2 of the LPPS)
- Either a physical incapacity prevents him from carrying out his mission (Art.207/2 Paragraph 2 of the LPPS)
- Either a moral impossibility holds him back (Art.207/2 Paragraph 2 of the LPPS)
In these cases, “The Required Doctor must draw up a report of deficiency” in accordance with art. 207/2 Paragraph 3 of the LPPS
XI/.CONCLUSION
- The Doctor cannot ignore the conditions and the conduct to be adopted when he is called upon for a mission as an auxiliary of justice: “Respect for human life, the respect due to every person and their dignity”.
- The requested Doctor must respond only to the mission, to the entire mission and nothing but the mission.
- The Doctor mandated by a judicial authority during his mission: His professional independence and professional secrecy must be respected in all circumstances in order to respond well to his mission with complete objectivity.
- The judicial authority is not theoretically required to follow the conclusions of the Doctor, however, it rarely rules in contradiction with the terms of the report, which provide it with precisely the technical clarification it lacks to make a decision.
The requisition
Baby teeth need to be taken care of to prevent future problems.
Periodontal disease can cause teeth to loosen.
Removable dentures restore chewing function.
In-office fluoride strengthens tooth enamel.
Yellowed teeth can be treated with professional whitening.
Dental abscesses often require antibiotic treatment.
An electric toothbrush cleans more effectively than a manual toothbrush.
The requisition