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Abstract
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Introduction
The duration of the total work incapacity (TWI) allows the magistrate to assess violence assault. TIW is actually the period of time during which the victim is unable to do the basic activities (at least one but not all of them). This concept is complex to understand both medically and legally.
Method
We conducted a systematic review of the French Criminal Code addressing the notion of TIW.
Result
The notion of TIW is widely used and has several meanings, making it difficult to understand. Its assessment by the physicians raises difficulties.
Conclusion
The notion of TIW remains very present in the French penal code and has just joined the field of marital harassment, which should not simplify its evaluation. Even if the prospect of clinical practice guidelines published by the High Authority of Health would be a step forward, legislative reform changing the concept of TIW should clarify this notion. |