Medical Secrecy vs. Criminal Investigation on Patient Files

A medical professional, bound by professional secrecy, challenged the seizure of patient files in a criminal investigation, arguing this violated patient confidentiality under Art. 321 of the Criminal Code. The court affirmed that while the professional is subject to secrecy, the patient, as the confider, retains the right to waive that protection, and the investigation must proceed with safeguards. Consequently, the court ordered the seized documents to be sealed after extracting patient addresses, prohibiting investigators from reviewing the sealed contents until it is determined which specific patients consent to the use of their records, thus balancing the state's interest in prosecution with the patients' right to privacy.