Overview

The physician is not a separate citizen and like any citizen, he can, in the exercise or on the occasion of his profession, be held criminally responsible when he is accused of a fault constituting an offence, that is to say, an act that violates the criminal law. However, in spite of the appearance and consensus on this cause. It must be noted that in the DRC, the implementation of criminal responsibility is ambiguous for various reasons, notably legal (difficulties in establishing proof, the inertia of Congolese jurisprudence in matters of medical criminal responsibility), cultural realities (the predominance of the notion of fatality, the survival of mystico-religious mentalities); socio-economic realities.To discourage this disturbing risk, Congolese medical penal legislation should provide, expressis verbis, for the mode of proof by presumption of fact, which would be at the forefront of this idealistic combat, either by lightening the burden on the victims.

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