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2. Human life
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2.1 Human life in general |
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Article 66-Privileged information of a human being |
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| 66.1 |
Privileged information of a human being |
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Certain information held by a professional regarding their client shall be deemed privileged and confidential, subject to certain conditions. |
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The rights of privileged information means that such information shall be withheld from publication and/or from evidence under court examination, subject to certain conditions. Only certified professionals that are listed on the Privileged Occupation List of African Union are permitted to cite privileged information. |
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| 66.2 |
Privileged Occupation List of African Union |
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The Privileged Occupation List of African Union is a list of certain occupations that are bestowed the right of confidentiality and to cite professional privilege as a reason for withholding certain information requests. Only persons qualified and properly registered to a profession listed on the Privileged Occupation List of African Union may cite professional privilege. |
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A person citing professional privilege who is either not registered and/or not belonging to a profession listed on the Privileged Occupation List of African Union shall be guilty of a civil offence. |
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| 66.3 |
Mandatory exceptions to client privilege |
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By this Code, all criminal indictments involving a Level 5 or Level 6 crime and which involves violence against persons under 14 years as well as sexual offences and morally depraved crimes shall mean the accused temporarily loses all their "client privilege" rights in regards to professional-client physical evidence. |
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Upon request for such physical evidence as medical records, interviews, diary notes and other evidence involving the accused and a professional whether it be psychotherapist-patient,attorney-client,doctor-patient,counselor-patient,clergy-penitent,social worker-client, the professional and their office shall be required by law to immediately offer up all such evidence. |
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Refusal to provide such evidence shall immediately place the professional in contempt at the specific level of the seriousness of the case with the court then automatically authorized to seize such material legally by warrant. |
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A professional guilty of withholding evidence under such matters shall also be guilty of a serious civil offence requiring their expulsion and deregistration from that profession. |
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| 66.4 |
Client privilege does not extend to non compliance to mandatory reporting under the code |
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Where the Civil Code requires mandatory reporting of information, the code takes precedence over professional privilege. A professional may not cite professional privilege as an excuse for not reporting information that is mandated under this code. Failure to report shall be either a serious civil offence or criminal offence, depending upon the matter. |
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