جريمة إفشاء السر الطبي في التشريع الجزائري والمقارن

Résumé: The respect of the medical secret is an obligation known for a long time, the physician Hippocrates, advised to remain silent and to observe the prudence in its remarks: « Admitted to the interior of the houses, my eyes will not see what happens there, my tongue will hide the secrets that will be entrusted to me ....... ». Recommendation and not constraint, this Hippocratic Council was intended to preserve the basic principle of the doctor-patient relationship: Trust. Without confidence, the patient can not express himself totally in the evils which he suffers. Without confidence, the doctor can not be sufficiently informed to offer the most diligent care. The concept of medical secrecy has evolved; it has adapted to the times, to the cultures, and to the necessities of Public Health. The obligation to secrecy appears at first sight of an extreme simplicity. It seems to be the professional translation of the general obligation of discretion and respect for the person of others. and concerns all the information given, but also all that could be seen, heard, understood or even interpreted during the medical exercise. Thus, are covered by the secret: - The statements of a patient, - The diagnoses, - Therapies, - The files. The general rule states that it is obligatory to keep the medical secret and not disclosed it, as this will create the confidence and tranquility that the patient has consulted the doctors, and entrust them with their secrets and pains, L The patient's interest in care is safeguarded in conditions of respect for his humanity and his private life, taking into account the physician's interest in maintaining his personal and professional reputation. The reality is less simple and the boundaries of secrecy are often difficult to define to the extent that the requirement of discretion meets imperatives such as the interest of the patient or the social interest. Except that the doctor does not have the right to divulge to others the results of the clinical examination and the biological assessment and the treatment, as long as they consider a secret not to be divulged, under penalty of the prosecution. All disclosures, except circumstances permitted or permitted by law, are punishable Indeed the offense of breach of medical secrecy is constituted when the revelation is effective, intentional, even if it entails no harm to the patient. The penalties are: - criminal: almond or prison sentence, - civil: if the offense results in an injury, - disciplinary: because of the violation of articles of the code of medical ethics. But the offense is not constituted in the case where the law authorizes or imposes the revelation of the secret. Submission to secrecy does not mean that nothing can ever be revealed, only that it can only be done in accordance with the general principles of law in the context of proven justifications.

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