The Forensic Medicine Service cannot transfer the expertise regarding sexual crimes entrusted to it by the Court of Justice or the Prosecutor’s Office to other public or private institutions dictated by the Court of Accounts.

The Forensic Medicine Service cannot transfer the expertise regarding sexual crimes entrusted to it by the Court of Justice or the Prosecutor's Office to other public or private institutions dictated by the Court of Accounts.

Expert reports and forensic sexology services conducted by the Metropolitan Area Forensic Service (SML) through the comprehensive care program for victims of sexual violence (Levantares UC Program) of the Catholic University of Chile and its affiliated Christus UC Health Network from the Undersecretariat of Justice, Financial Affairs Department ; and about the source of the expense required to finance the above-mentioned program.

SML reported that due to current regulations, both public and private healthcare organizations must perform such attention and expertise when necessary, without your institution delegating what has been entrusted to it. It adds that it is willing to continue educating the above-mentioned organizations on matters falling within its jurisdiction.

The Court of Accounts refers to article 2 of Law No. 20.065, and according to this article, “The purpose of the Forensic Medicine Service is to provide technical and scientific advice to the judicial and investigative bodies throughout the country with regard to forensic science, forensic science and other matters within the country’s scope”, the saying In addition to the aforementioned principle, it is responsible for technical and managerial oversight and supervision by emphasizing the quality, efficiency and timeliness in the provision of services related to the matters falling under its jurisdiction; to cooperate with education and training in these fields in coordination with public and private institutions, universities and other forensic research centers. .

Then, according to the 3rd article of the said regulatory agency, “to carry out medical-legal expert opinions on clinical, diagnostic, psychiatry and laboratory issues, to release the expert reports of the case; To establish a basis for technical tutelage or to develop scientific research, teaching and publication on medical-legal subjects by issuing general practice regulations regulating the expertise transactions carried out by the organizations and professional or other personnel participating in the execution of medical-legal expert opinions in the public or private sphere”.

It adds that the National Director of SML can make agreements in the fields of application with universities and other higher education institutions recognized by the State, and public and private institutions in the application areas specified in subparagraph G of Article 7 of the Law No. 20.065.

The Court of Accounts, in case of crimes -rape, rape and other sexual offenses- stipulated in Articles 361 to 367 of the Criminal Code and Articles 375 of Article 198 of the Criminal Procedure Code, hospitals, clinics and similar healthcare public or private institutions, must carry out examinations, medical examinations and biological tests to prove the action and identify the participants in the commission, and keep the records and samples thereof.” In the event that the said organizations are not accredited by the SML for the detection of genetic fingerprints, they will take the biological samples and obtain the necessary evidence and for this purpose It will send it to the relevant organization in accordance with the law. 19.970, establishes the National DNA Records Service and its Regulations”.

Then, Article 199 of the CPP states that “in cases of unlawful acts where a medical examination is required to determine the offense to be punished, the prosecutor may order that they be carried out by the SML or another health service”. TCK art. 199 repetitive “Examinations and biological tests for genetic fingerprint detection can only be performed by professionals and technicians working in SML and in public or private institutions accredited for this work.” It will be included in the list published in the Official Gazette before the service in question”.

The comptroller, “(…) criminal procedure regulation establishes as a general rule for the detection of a criminal act, the concerned prosecutor can request a medical examination not only from the SML, but also from any other health service; Institutions you have accredited for this effect, stating that in sexual crimes, this should be done by public or private hospitals, clinics or health institutions, and when genetic fingerprint detection is required, by professionals and technicians working in the aforementioned service or health center”.

Conducting forensic sexology expert reports to provide legal advice and solely to support the Levantares Program, which aims to provide care for victims of sexual violence that includes curative and preventive clinical needs, containment and psychological follow-up and moral support. to the prosecution and judicial processes, as well as to the reparation and recovery of victims. Furthermore, SML has committed to perform 10% of the forensic sexology services it conducts in the Metropolitan Region (by meeting the request of the corresponding jurisdictions of the North Central and East Prosecutor’s Offices).

The comptroller concludes: “(…) due to legal authority, SML is obliged to carry out the medical-legal expertise deemed necessary by the judiciary and the Ministry of Public, and although he is not the only person authorized to provide care and expertise, within the framework of the commission of sexual crimes, those requested by these persons It is not appropriate to refer the execution to third parties.” As a result, it is not appropriate to transfer resources from that institution for this purpose, provided that the attention and forensic sexology expertise entrusted to SML is carried out through a different organization and the training and technical standards provided by the service in question are reserved. aspect.

See. Auditor’s Opinion E273683N22.

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