French Code of Criminal Procedure
In forceI.-The terms under which, pursuant to 10° of Article 10-2 and article 10-5-1, victims of violence have the right, when their medical examination has been requested by an officer or agent of the judicial police, a magistrate or a court, to be given a copy of the medical examination certificate stating their physical or psychological state of health and describing any injuries they have sustained, are specified by II to VI of this article, subject to the provisions of VII when the victim is a minor.
II.-A copy of the medical certificate must be given to the victim at his or her request. This can be done by any means, including electronically, by sending a digitised version of the certificate to the victim's e-mail address. It cannot be sent by post if the victim lives at the same address as the person against whom the complaint was made.
III.Victims are informed of this right by the officer or agent of the judicial police when they lodge a complaint pursuant to article 15-1 or when they are interviewed by the investigating services.
IV.-When the requested doctor draws up his certificate immediately after his examination, he will give a copy to the victim if the latter so requests. When the certificate is drawn up at a later date, he may send a copy to the victim if the latter so requests.
The judicial requisition sent to the doctor will reiterate the provisions of the previous paragraph.
V.-If the copy of the certificate has not been given to the victim by the doctor, it may be given to him by an officer or agent of the judicial police, at his request or that of his lawyer. This request may be made when the complaint is lodged, during a hearing or a confrontation or, failing that, in person, after contacting the investigating department. This last option is without prejudice to the possibility for the victim to receive a copy of the certificate by electronic means in accordance with II.
VI.-If the victim has not been given this copy by the doctor or the investigating department, he or she may request it from the public prosecutor, the examining magistrate or the clerk's office of the trial court, depending on the case. This request may also be made by the victim's lawyer, particularly if the lawyer is considering applying for a protection order, including in accordance with the procedures set out in article D. 591.
VII.-When the medical examination concerns a minor victim, the doctor is not obliged to give a copy of the certificate to the minor's legal representatives who request it if he considers that giving it to them could be contrary to the child's best interests, in particular in the case of suspected domestic violence, or if the minor, having reached a sufficient degree of maturity, refuses to do so; in this case, a copy of the medical certificate may be requested in accordance with V and VI.
