Abstract

CASTRO VARGAS, Luis Fernando; MONTOYA SALAS, Kattia; TREJOS ROMANINI, Micxy Jannid  and  HSIEH, Shang Wu. Incidente de enfermedad: un derecho exclusivo del indiciado que supone la protección de su integridad física y mental dentro del sistema carcelario. Med. leg. Costa Rica [online]. 2013, vol.30, n.2, pp.35-42. ISSN 2215-5287.

The incident of disease also named in other countries as health condition. It`s a legal mechanism from a human right that belongs to every citizen in the world which is the right to life. The incident of disease is one of many ways to guarantee, in every moment, a proper health care for a person condemned by the law. It determines if the imprisoned person himself has an illness as a reason to justify that his or her life is in danger during their deprivation of freedom. If the medical exam practiced by the forensic specialist establishes that the illness that the prisoner presents can be worsened by the imprisonment or if the prisoner needs a specialized medical attention that can only be provided in a hospital, then he or she can be treated out of prison until the illness disappears or the physical condition is as good as to be able to stay in prison.

Keywords : Imprisoned person; suspect; incident of disease; health condition and criminal procedure code.

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