[Responsibility of the physician for blood samples according to paragraph 81 a StPO?].
On principle no physician is under obligation to take blood-tests prescribed in Art. 81 a StPO (Code of Criminal Procedure). However, this principle is not valid without exception. Hence to be appointed expert by a judge or a public prosecutor shall give the reason for a legal pledge. An indirect obligation--but not to police authorities--may result from a contractually stipulated assumption or from being part of the Public Health Service staff. For the physician being employed in a hospital, the special rule 2 c fig. 3 par. 1 BAT (Federal Employees Tariff Treaty) is valid, which stipulates an obligation to take blood-tests, even if a contractual agreement is missing. Violation of contract and offence against legal pledges may justify giving notice to the physician. However, the obligation of taking blood-tests is not unlimited. Within the pale of law rights of refusal are stated in Art. 22, 24, 52, 72, 74 StPO (Code of Criminal Procedure). Moreover a refusal is justified, if the manoeuvre is injurious to health of the accused under consideration. In this case the physician on the spot taking blood-tests has got the exclusive responsibility, which cannot be shifted on to other authorities. In case of personally justified refusal the physician does not have to expect any prejudices. A physician refusing to take blood-tests does not incur a penalty under Art. 258 or Art. 258 a StGB (Criminal Code).
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J H
JH
Institut für Rechtsmedizin, Georg-August-Universität Göttingen.
D000435:Alcoholic Intoxication / Q000097:blood / Q000175:diagnosis*; D001334:Automobile Driving / Q000331:legislation & jurisprudence*; D001800:Blood Specimen Collection; D000431:Ethanol / Q000493:pharmacokinetics*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D010819:Physician's Role; D016079:Refusal to Treat / Q000331:legislation & jurisprudence
D000431:Ethanol
Verpflichtung des Arztes zur Blutentnahme nach 81 a StPO?