Place de la nomenclature Dintilhac dans le cadre de l’expertise pénale (victimes vivantes) ou la question du dommage corporel au cours d’une instruction pénale

Abstract

Within the framework of the forensic medecine, the expert is usually sought at any time from the criminal procedure to pronounce on the description of the physical injury undergone by victims of penal breaches. That it is about the preliminary inquiry, about the instruction or about the sentence, the expert can be seized by various actors of the procedure. And although every time its task will concern the examination of the damage, the forensic examination will this afternoon be governed by the rules of criminal procedure, this afternoon by those of the civil procedure. But it is not so much the laws which apply which put difficulties that the object of the mission and the procedural moment in which this one will intervene. Mainly, it is two questions which harmonize for the practitioner. He indeed notices for some years an evolution of the task which is his. This presents multiple evolution facets which join to darken the progress of the forensic examination. On one hand, the assessment grid of the damage established by the present Dintilhac's nomenclature of the inconveniences when the questions put to the expert concern at the same time the points of civil law and the points of penal law which do not join inevitably (I). On the other hand, the forensic examination is very early required in the course of the trial, very fast after the damage was caused ; the consolidation not having intervened yet, the expert has to proceed to an examination that he knows how to be temporary (II).