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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 534AGHRight to a medical examination.

Title VII

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(1) Children who are deprived of liberty shall have the right to a medical examination without undue delay with a view, in particular, to assessing their general mental and physical condition. The medical examination shall be as non-invasive as possible and shall be carried out by a physician or another qualified healthcare professional.

(2) The results of the medical examination shall be taken into account when determining the capacity of the child to be subject to questioning, other investigative or evidence-gathering acts, or any measures taken or envisaged against the child.

(3) The medical examination shall be carried out either on the initiative of the Court, in particular where specific health indications call for such an examination, or on a request by any of the following:

(a) the child;

(b) the holder of parental responsibility or another appropriate adult as referred to in articles 534AGE and 534AGN;

(c) the child's lawyer.

(4) The conclusion of the medical examination shall be recorded in writing and, where required, medical assistance shall be provided:

Provided that another medical examination shall be carried out where the circumstances so require.