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Directive (EU) 2016/800 of the European Parliament and of the CouncilShow full title

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

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Article 8Right to a medical examination

1.Member States shall ensure that children who are deprived of liberty have the right to a medical examination without undue delay with a view, in particular, to assessing their general mental and physical condition. The medical examination shall be as non-invasive as possible and shall be carried out by a physician or another qualified professional.

2.The results of the medical examination shall be taken into account when determining the capacity of the child to be subject to questioning, other investigative or evidence-gathering acts, or any measures taken or envisaged against the child.

3.The medical examination shall be carried out either on the initiative of the competent authorities, in particular where specific health indications call for such an examination, or on a request by any of the following:

(a)

the child;

(b)

the holder of parental responsibility, or another appropriate adult as referred to in Articles 5 and 15;

(c)

the child's lawyer.

4.The conclusion of the medical examination shall be recorded in writing. Where required, medical assistance shall be provided.

5.Member States shall ensure that another medical examination is carried out where the circumstances so require.

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