Citation

Bouvet R, Baert A, Le Gueut M. Rev. Med. Leg. 2011; 2(3): 132-136.

Copyright

(Copyright © 2011, Elsevier Publishing)

DOI

10.1016/j.medleg.2011.06.002

PMID

unavailable

Abstract

The materiality of alcohol intoxication is based on a two-step procedure: screening and verification by measurement in exhaled air. Proceedings about screening and measurement of alcohol concern quality and traceability of the realization of measures, and accuracy of the results. The limits of the reliability of detection techniques and measurement allow the lawsuit for the litigant, and the judge needs less technical evidences. The judge may resort to any form of evidence, including data from the medical examination to rule on the defendant's guilt, from his conscience. The jurisprudence of the Cour de cassation illustrates the need for precision and professionalism of doctors during the clinical examination of an offender or a victim.