DR ‹ › The Presidency of the Public Prosecutor's Office has issued a new circular to public prosecutors at the Courts of Appeal and prosecutors at courts of first instance regarding the ordering of medical examinations for detained individuals. According to a statement, the directive is part of the implementation of the 2011 Constitution, particularly Article 22, which criminalizes all forms of harm to physical or moral integrity and explicitly prohibits torture, as well as cruel, inhuman or degrading treatment that undermines human dignity. The circular also follows the entry into force of Law No. 23.03 amending and supplementing the Code of Criminal Procedure. It underscores several key provisions, notably the obligation to order a medical examination for any person in custody as soon as signs or indications justifying such an examination are observed. The Public Prosecutor's Office must be informed in advance, and the examination must be conducted by a forensic doctor or, where necessary, another qualified physician. The procedure must be duly recorded in official registers and reports and accompanied by a medical report. The directive further stresses the duty of the General Prosecutor of the King or the Prosecutor of the King to order a medical examination at the request of the suspect or their defence, or whenever evidence warrants it. It also reiterates the mandatory nature of medical examinations for minors, either at the request of their legal guardian or when indicators require such a measure. The circular warns that the amended Code of Criminal Procedure provides for strict procedural sanctions in the event of non-compliance. Any confession recorded in a police report will be deemed null and void if a medical examination is refused despite a request by the suspect or their defence, or when visible signs of violence are present. Finally, the circular provides for the establishment of a dedicated register for medical examinations, the monthly transmission of related statistics to the Public Prosecutor's Office, and the immediate reporting of any case requiring such action, thereby strengthening oversight and evaluation mechanisms.
