Citation

Blank JH. Blutalkohol 1992; 29(2): 81-88.

Vernacular Title

Verpflichtung des Arztes zur Blutentnahme nach 81 a StPO?

Affiliation

Institut fur Rechtsmedizin, Georg-August-Universitat Gottingen.

Copyright

(Copyright © 1992, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

1581026

Abstract

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).

Language: de