Resumo

BARLOCCI, Ignacio. Consent and Medical Confidentiality in Expert Examinations of Victims. Their Impact on the Proposal, Admission, Production, and Assessment of Evidence. Rev. Derecho [online]. 2025, n.31, e4370.  Epub 01-Dez-2025. ISSN 1510-3714.  https://doi.org/10.22235/rd31.4370.

This article examines how, and at what stage of the proceedings, victims-or their legal representatives-may provide consent for the conduct of expert examinations. The analysis is based on the case law of all Criminal Courts of Appeal. The main conclusion is that prevailing jurisprudence holds that a victim’s attendance at an expert examination implies both consent to the procedure and a waiver of medical confidentiality. A minority view argues that the victim must personally waive medical confidentiality at the indictment control hearing, without the mediation of the Public Prosecutor’s Office. Furthermore, while legal scholarship supports the capacity of adolescents to provide consent independently, case law generally requires parental consent on their behalf. With respect to deceased victims, expert examinations are permitted without the consent of either their heirs or their legal representatives

Palavras-chave : expert examination; medical confidentiality; medical consent.

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