It is imperative to indicate that this practice, which is likely to prevent victims
of modest social conditions from accessing the criminal justice public
service, does not comply with legal requirements in matters of filing a
complaint or a case.
In fact, a complaint is the action or verbal declaration by which a person
brings to the attention of the competent public authority, an offence of which
he/she or a person for whom he/she is answerable is a victim.
A complaint is therefore one of the elements that trigger a criminal
proceeding. Its reception does not therefore require the production of a
medical certificate, which itself is a means of proof of the offense or an
assessment of its seriousness.
This is also the opportunity to recall that, in criminal matters, proof can be
provided through any means.
In view of the foregoing and with regard to the relevance of a medical
certificate in a criminal matter, it is not necessary to request for it at the
preliminary investigation stage. The production of a medical certificate could
take place during the proceedings.
We attach great importance to strict compliance with the prescriptions of
this circular.
Keeper of the Seal
Minister of Justice
Minister of State
Minister of the Interior and Security
Sansan KAMBILE
Hamed BAKAYOKO
Minister-Delegate to the Presidency
of the Republic, in charge of Defence
Alain Richard DONWAHI
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