El secret Experience is legal obligation legal that certain professions have to maintain in secret la insights that they have received from their clients. Unlike what happens with types of confidentiality duties, the secret Experience It holds up even in a trial.
Among these professionals, the most typical cases are: lawyer, the doctor, the nurse, the psychologist, the journalist, the counter or employee social. Without embargo, also can haber other cases of advisors or services that have that type de legal obligation, for example tax advisors (sometimes included within the lawyers) or insurance companies. It should be noted that in the event of a proceedings judicial and under the established legal guarantees, the judge can establish the lifting of the same to any of the previously mentioned exception of the lawyers who are acting in it.
Justification of the secret Experience
El secret Experience is a legal obligation confidentiality, which is imposed by the necesidad that there is an absolute confidence. between Experience and those who come to request their services. For example, an accused could not tell the whole truth to his lawyer If later it could be forced to lawyer to declare as witness what he told her.
In other cases, such as that of doctors, the secret Experience is based on respect for the patient's privacy.
Similar cases
There are parallel cases but with some differences in certain religious figures such as priests.
Priests have the legal obligation to maintain the secret de confession. Bliss legal obligation, without embargo, is parallel to the law, and must be endorsed by the ordering legal so that you have validity before the judge (which has posed more than one problem for the priests called as witnesses).
La legal obligation of that type, therefore, it is essentially moral, and not legal, and usually covers more than what is covered by the secret Experience properly saying. For example, him secret de confession prevents a priest from revealing it, even when his own life is at risk. Life, which does not occur in the secret Experience.
Classification of the secret Experience
According to doctrine In Salamanca there are three kinds of secrets:
- El secret natural It is independent of everything contract, extends to everything that, whether discovered by chance, by research personal or confidential, and cannot be disclosed. Although the depositary of the secret have not promised to keep secret, neither before nor after the manifestation of the done or if there is one discoveredIs obliged to remain silent, by virtue of the precept moral which prohibits harming others without reasonable cause.
- El secret promised born from a contract, promise to save silence after haber known the done, whether by chance, by research personal or by spontaneous or provoked confidence. The same secret It can be both natural and promised. It will be natural when the thing In itself it requires stealth, but if it is also accompanied by a promise, will also be promised.
- El secret trusted It also emanates from a promise explicit or tacit made before to receive the confidence of what is hidden. You are informed that you have previously promised, expressly and tacitly, reason of its craft or at least of the circumstances, keep silence, and what was kept hidden is shared with him, adding that it is revealed to him confidently in his promise under the seal of the secret. The secret It then becomes strictly confidential or Experience; confidential, when the confidence has been done to a man what is obliged by reason of its craft to lend helps and give council. Professional When one has trusted, either in words or in one's actions, a man to whom his profession obliges one to assist others with advice or care, for example: lawyer, counter, doctor, priest, counselors ex officio.
Violation of the secret Experience
El secret Experience is violated in the following cases:
- It can produce hurt en crafts direct, that is to say in crafts conscious and premeditated.
- It is violated in crafts No. intentional but direct.
- Through one confidence to another person.
- Through casual conversation, with lightness.
Dominican regulations
La legislation Dominican Republic imposes on certain professionals the legal obligation legal to maintain confidentiality regarding the insights that has been entrusted to him by virtue of his profession. It should be noted that the secret Experience are protected by the Constitution and law according to 49 of the aforementioned standard. This important topic is not compiled in a single law, but is found scattered throughout our legislation. En el /// of health professionals is regulated by the Act No. 42-01 and the article 377 del Code Criminal law; at /// of lawyers, by the Code of Ethics of Professional of the Law School; to psychology professionals, The Code of Ethics and Discipline of the School Dominican Psychology.
The revelation of the secrets by part of these professionals entails a sanction that goes from one fine up to imprisonment in accordance with the provisions of articles 377 and 378 of the Code Criminal law.
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