القيمة الإثباتية للشهادة الطبية : دراسة مقارنة

Abstract EN

Regarding the medical certificate that meets all the formal and substantive conditions required by law, without any breach to the legal obligations imposed on the medical practitioner in this aspect, as well as maintaining the professional confidentiality, several jurists consider that the purpose of its issuance and delivery is for it to be used as a means of proof before a judicial or administrative authority.

On the other hand, another group of jurists considers that the medical certificate is not considered as means of proof when presented before the criminal court, but rather a written document indicating the health status of the concerned person.

This jurisprudential debate about the probative value of the medical certificate prompts us to research this topic and try to undertake it in this article.