Permanent disability in the criminal law: a forensic point of view

Abstract

Permanent disability is a medico-judicial concept that aggravates the qualification of a criminal offence. The function of the forensic doctor is not always easy. The Algerian legislator has not defined this notion, nor determined a percentage to qualify it. From this point of view, ask yourself if such a notion is clearly defined by the legislation. On the other hand, to wonder if the determination of permanent disability constitutes a difficulty to the forensic doctor during the criminal expertise. Materials and methods: we proceeded to an analytical reading of the articles of the Algerian criminal law bearing the concept of permanent disability, In particular, article 264 and a comparison with other articles of the criminal law of different countries and the literature. A comparison with the notion of permanent disability in the civil law. A discussion of cases of victims of assault and battery observed in the forensic medicine department of the University Hospital of Sidi Bel Abbés received in the context of a criminal expertise, to determine a permanent disability. Results: the reading of the articles of the Algerian criminal law bearing the notion of permanent disability and the discussion of the cases of criminal expertises received at the forensic medicine department of the University Hospital of Sidi Bel Abbés, in order to determine a permanent disability revealed: the abstract and ambiguous character of this notion. Some of its aspects have been described, but less broadly than other countries, where this concept has not been as clearly defined.