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.
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The institutes of Legal Medicine are organs laboratory and technical to have auxiliary mission to the courts, courts, Prosecutor's offices and offices of the Civil Registry, by centralising functions which have developed institutes anatomical forensic, forensic clinics and groups of forensias, through the exercise of medical expert practices, both tanatologicas and clinics.
It law organic 6 / 1985, of 1 of July, of the power Judicial, in its drafting given by the law organic 19 / 2003, of 23 of December, sets that will exist an Institute of medicine Legal in them capital of province in which have their headquarters a court top of Justice or rooms of the same court. In addition, the Government, following a report of the General Council of the judiciary, may authorize the establishment of institutes of Legal Medicine in the remaining cities of the area of the High Court concerned, with the scope to be determined.
The reform of the organic law 19/2003, of 23 December, deletes the reference to groupings of forensias and, unless agreed the secondment of a coroner to a particular organization for exceptional reasons, has as unique Organization of the creation of the institutes of Legal Medicine forensic medicine.
In the cities of Ceuta and Melilla still remains the old system of groupings of forensias, congealed in an organization that not allows incorporate them improvements organizational and technical that carries it put in operation of them institutes of medicine Legal. Questions of territoriality or dimension cannot preclude that this modern organizational development is not carried out.
In this sense, the regulation of them institutes of medicine Legal, approved by the Royal Decree 386 / 1996, of 1 of March, and modified by the Real Decree 63 / 2015, of 6 of February, by which is modifies the Real Decree 862 / 1998, of 8 of mayo, by which is approves the regulation of the Institute of Toxicology, the Real Decree 386 / 1996 , March 1, that approves the regulation of the institutes of Legal Medicine, and the Royal Decree 1451 / 2005 of 7 December, which approves the regulation of entry, provision of jobs and career development of the staff officer in the service of the administration of Justice, expected in the second additional provision that they can create in Ceuta and Melilla two institutes with a simpler structure.
Previously to his creation by order of the Minister of Justice and of conformity with it established both in the article 479 of the law organic of the power Judicial, as in the article 2.3 of the cited regulation, to the treat is of institutes that is be located in cities different to it set as headquarters of the corresponding court top of Justice, is precise that regulations is appropriate to determine its field territorial What is the object of the present Royal Decree.
This Royal Decree has been informed by the Council General of the power Judicial.
By virtue, on the proposal of the Minister of Justice and after deliberation by the Council of Ministers at its meeting of June 12, 2015, HAVE: single article. Field land.
1. the Institute of Legal Medicine of Ceuta will develop their functions in the territory of the city of Ceuta, and will be competent in those matters that have legally attributed the organs for which serves.
2. the Institute of Legal Medicine of Melilla will develop their functions in the territory of the city of Melilla, and will be competent in those matters that have legally attributed the organs for which serves.
Sole additional provision. Effectiveness.
The delimitation of the territorial area established in the single article of the present Royal Decree, will be fully effective, when the institutes of Legal Medicine of Ceuta and Melilla, are created by the corresponding ministerial order.
First final provision. Skill-related title.
The present Royal Decree is issued under cover of the provisions of article 149.1.5. ª of the Constitution, which attributes to the State the exclusive competence in the field of administration of Justice.
Second final provision. Entry in force.
He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid, the 12 of June of 2015.
The Minister of Justice, RAFAEL CATALÁ POLO
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