Advanced Search

Royal Decree 472/2015, June 12, By Which Determines The Territorial Scope Of The Institutes Of Legal Medicine Of Ceuta And Melilla.

Original Language Title: Real Decreto 472/2015, de 12 de junio, por el que se determina el ámbito territorial de los Institutos de Medicina Legal de Ceuta y Melilla.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Institutes of Legal Medicine are technical bodies that have as an auxiliary mission to the Courts, Courts, Fiscalas and Offices of the Civil Registry, centralizing the functions that have developed the Forensics, medical-forensics clinics and forensics groups, through the exercise of medical expert practices, both tanatological and clinical and laboratory.

The Organic Law 6/1985, of July 1, of the Judiciary, in its wording given by the Organic Law 19/2003, of 23 December, establishes that there will be an Institute of Legal Medicine in the capitals of the province in which it has its the seat of a High Court of Justice or Chambers of the same Court. In addition, the Government, following the report of the General Council of the Judiciary, may authorize the establishment of Institutes of Legal Medicine in the other cities of the jurisdiction of the Superior Court of Justice in question, with the scope of action to be determined.

The reform of Organic Law 19 /2003, of 23 December, suppresses the reference to groups of forensias and, unless the attachment of a medical examiner to a particular body is agreed for exceptional reasons, it provides The only form of forensic medicine organization is the creation of the Institutes of Legal Medicine.

In the cities of Ceuta and Melilla, the old system of pool of forensias, ankylosed in an organization that does not allow to incorporate the organizational and technical improvements that entails the implementation of the Institutes of Legal Medicine. Issues of territoriality or dimension cannot be obice for this modern organizational development not to take place.

In this regard, the Regulation of the Institutes of Legal Medicine, approved by Royal Decree 386/1996, of March 1, and amended by Royal Decree 63/2015, of 6 February, amending the Royal Decree 862/1998, of 8 May, for which the Regulation of the Institute of Toxicology, Royal Decree 386/1996 of 1 March 1996, be adopted, is approved the Regulation of the Institutes of Legal Medicine, and Royal Decree 1451/2005, of 7 December, for which it is approved approves the rules of entry, provision of jobs and professional promotion of staff Official at the service of the Administration of Justice, previews in the second provision second that they can be created in Ceuta and Melilla of the Institutes with a simpler structure.

Prior to its creation on the order of the Minister of Justice and in accordance with the provisions of Article 479 of the Organic Law of the Judiciary, as well as in Article 2.3 of the aforementioned Regulation, as they are established which will be located in cities other than that established as the seat of the corresponding High Court of Justice, it is necessary to regulate its territorial scope, which is the object of the present royal decree.

This royal decree has been informed by the General Council of the Judiciary.

In its virtue, on the proposal of the Minister of Justice and prior deliberation of the Council of Ministers at its meeting on June 12, 2015,

DISPONGO:

Single item. Territorial scope.

1. The Institute of Legal Medicine of Ceuta will develop its functions in the territorial area of the city of Ceuta, and will be competent in those matters that have legally attributed the organs for which it provides services.

2. The Institute of Legal Medicine of Melilla will develop its functions in the territorial area of Melilla, and will be competent in those matters that have legally attributed the organs for which it provides services.

Single additional disposition. Effectiveness.

The delimitation of the territorial scope established in the single article of this royal decree will have full effectiveness, when the Institutes of Legal Medicine of Ceuta and Melilla are created, by means of the corresponding order ministerial.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.5. of the Constitution, which confers exclusive jurisdiction on the State on the matter of the Administration of Justice.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 12, 2015.

FELIPE R.

The Minister of Justice,

RAFAEL CATALA POLO