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Les libertés et droits fondamentaux dans la recherche de la preuve pénale en médecine légale

Abstract : The development of the forensic medicine, especially for the last 20 years, brought about an important change in the search for the evidence. Indeed the forensic medicine, which a priori seems to only concern a limited number of domains, is in fact multidisciplinary for the forensic pathologist intervenes in numerous fields. The main task of the forensic medicine is precisely to help the police and the jurisdictions to discover the truth. The ruling must be able to rely on techniques which will allow reaching certainty without for all that neglecting the social and human elements present in every judicial intervention. a field in which the search for truth imperatively requires the absence of any doubt exists, it is well and truly that of criminal justice because any mistake endangers by nature not only the people's honor and respect but also, and this is much more fearsome, their freedom, their intimacy, their integrity, nay, their life. During that quest for the truth, a constant conflict exists between the search for an optimal effectiveness of the evidence and the respect of liberties and fundamental rights of individuals. It is interesting to note that justice more and more uses life sciences in order to prove a state, to establish a fact or a situation. The principles of criminal evidence do not stand in the way of the use of the forensic medicine but limits to the forensic activity must be set since it directly touches the human body. this protection is ensured both by the general principles of the criminal law (part i) and by the fundamental rules of the penal procedure (part ii) since the forensic intervention is in keeping with and becomes integrated with the penal proceedings. This set of rules ensures social order, public security and the exercise of the liberties and fundamental rights of the individuals at once. Such is one of the difficulties -not the least- that a real democracy has to overcome.
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Submitted on : Tuesday, April 24, 2018 - 4:09:02 PM
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Christine Pernel. Les libertés et droits fondamentaux dans la recherche de la preuve pénale en médecine légale. Droit. Université Nancy 2, 1999. Français. ⟨NNT : 1999NAN20007⟩. ⟨tel-01776968⟩



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