Circular 20/2014/tt-Byt: Specified Percentage Hurt The Body Used In Forensics, Forensic Psychiatric Assessment

Original Language Title: Thông tư 20/2014/TT-BYT: Quy định tỷ lệ phần trăm tổn thương cơ thể sử dụng trong giám định pháp y, giám định pháp y tâm thần

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MINISTRY OF HEALTH
Number: 20 /2014/TT-BYT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 12, 2014

IT ' S SMART

Regulation of the percentage of body damage used in medical examiner, mental health examiner, and child.

____________________________

The Law of Judicial Law. 13 /2012/QH13 June 20, 2012;

Base of Protocol 85 /2013/NĐ-CP July 29, 2013 by the Government regulating the details and measures of the Law of Judicial Regulation;

Base of Protocol 63 /2012/NĐ-CP August 31, 2012 of the Government stipulated the function, mandate, jurisdiction and organizational structure of the Ministry of Health;

On the recommendation of the Director of the Bureau of Management, the treatment,

The Minister of Health Department of Health provides a percentage of body damage used in forensic monitoring, mental health monitoring.

What? 1. Regulation of body injury rates

1. This message accompanying this message sheet percentage (%) of the body damage used in the medical examiner, the mental health examiner as follows:

a) Table 1: The percentage of body damage caused by injury;

b) Table 2: The percentage of body damage caused by disease, illness.

2. In this Information, the body injury rate (later abbreviated as the rate of TTCT) includes: health harm rates; disability rates; injury rates; the rate of body injury due to injury, due to disease, disease.

What? 2 Principles of Supervision

1. The designation to determine the rate of% TTCT must be performed on the subject that needs to be specified, unless the case is specified at paragraph 2 This.

2. The procedure to determine the rate of% TTCT is made through (above) the profile in the case of the person who needs to be appointed to have been killed or otherwise missing or otherwise in accordance with the regulation of the relevant law.

When the case is determined by the profile, the ratio of% TTCT is determined at the lowest limit of the proportional frame corresponding to the rate of the rate issued by this message.

3. The ratio of% TTCT is determined at the time of the monitoring.

What? 3. The principle of determining the body injury rate

1. The total percentage of a person ' s TTCT does not exceed 100%.

2. Each organ injury of the body and each of the remains caused by this damage is only calculated at the rate of% of TTCT. The case of this organ injury, but causing complications in the second body has been identified, adds the ratio of the percentage of TTCT due to the damage to the second organ.

3. If multiple TTCT is a symptom of a syndrome or belonging to a disease that is specified in the specified Rate Table at Article 1 This is the ratio of the percentage of TTCT to be determined by the syndrome or by that disease.

4. When the ratio of% TTCT only takes the decimal to two digits. In the final result, the total number to have a total ratio of% TTCT is an integer (If the decimal digit is greater than or equal to 5, the number of 1 units is 1 unit).

5. When the ratio of the TTCT of a body body or body body to a symmetric property, the functional association that a side is damaged or the available pathology has been determined, then the ratio of the percentage of TTCT to the organ or organ is damaged or pathology. Yeah, yeah.

For example: A person has previously been severed, if the injury must be cut to the left, then the ratio of the percentage of TTCT is calculated to lose both kidneys.

6. When the examiner, the actual damage base and the extent of the impact of the damage to life, the occupations of the object of the examiner, the assessment supervisor, determine the rate of the percentage of TTCT prescribed at this Smart.

What? 4 Methods of determining the body injury rate

1. The determination of the ratio of% TTCT is calculated according to the addition method:

Total ratio of% TTCT = T1 + T2 + T3 + ... + Tn

In it:

a) T1: The ratio of the number of TTCT of the first injury: T1 is determined to be the rate of% damage in the rate frame of TTCT;

b) T2: The ratio of the% TTCT of the second injury: T2 = (100-T1) x ratio of the 2/100 TTCT;

c) T3: The ratio of the% TTCT of the third injury: T3 = (100-T1-T2) x ratio of the 33rd TTCT;

d) Tn: The rate of% TTCT of the second injury: Tn = {100-T1-T2-T3-... -T (n-1)} x ratio% TTCT number n/100.

2. For example: Mr. Nguyen Van D was identified with 3 lesions:

-Amputate 1/3 between right arm, frame rate %TTCT from 61-65%;

-Left eye blind has not removed the eyesight, the ratio of %TTCT is 41%;

-That sounds like an average of two ears, percentage of TTCT from 21-25%.

Applying the above method, the total ratio of% TTCT of Mr. Nguyen Van D is calculated as follows:

-T1 = 63% (the ratio of the percentage of TTCT regulations at this Lits from 61-65%, the supervisor may be worthwhile, determining the rate of% TTCT is 61%, 62%, 63%, 64% or 65%. For example, the examiner for the ratio of TTCT is 63%.

-T2 = (100-63) x 41/100% = 15.17% (resulting from two decimal digits).

-T3: At least two-ear averages, the ratio of% TTCT is regulated in this Smart by 21%-25%. The examiner can evaluate, determine the ratio of% TTCT in the range of 21% to 25%. For example, the examiner for the percentage of TTCT is 22%, then the ratio of Mr. D's TTCT is calculated:

-T3 = (100-63-15.17) x 22/100% = 4.80%

The total ratio of% TTCT by Mr. Nguyen Van D was: 63% + 15.17% + 4.80% = 82.97%, rounding up the number of 83%.

Conclusion: Mr Nguyen Van D ' s TTCT rate was 83%.

What? 5. Effect of execution

This announcement came into effect on 15 August 2014.

What? 6. Organization to execute

1. Bureau of Discovery Management, curing maintenance, coordination with the agencies, the relevant unit responsible for guidance, the organization that performs this information on the nationwide range.

2. The National Forensy Institute, the Central Institute of Psychiaty which is responsible for guidance, direction, examination of expertise, forensic profession, mental forensic therapy for the Army Medical Institute of the Ministry of Defense, Center of Forensy Sciences in the Institute of Criminal Sciences. of the Ministry of Public Security, the organizations that implement the forensic examiner, the organizations that implement mental health monitoring across the country, are in accordance with the regulations at this level.

In the course of implementation if there is difficulty, entangrium, units, localities need to be reflected in time to the Ministry of Health (Administration of Discovery, cure) to be guided, resolved.

KT. MINISTER.
Chief.

(signed)

Nguyen Write