Universität zu Köln

Katzenmeier, Christian, Keil, Miriam, Landwehr, Charlotte, Schumacher, Katrin and Rothschild, Markus (2014). Legal question of precautionary storage of postmortem body samples. Question of lawfulness against the background of identity verification and genetic counselling of relatives. Rechtsmedizin, 24 (1). S. 10 - 18. NEW YORK: SPRINGER. ISSN 1434-5196

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Abstract

The reason for this study was to examine the question whether it is lawful to extract and store biological samples from bodies which have been examined by order of the public prosecutor even if the body has been released afterwards. Samples such as blood, oral swabs and, in cases of severe putrefaction, molars could later be used for genetic testing, e.g. identity verification or genetic counselling of relatives. Biological samples for genetic examinations may be stored by medicolegal institutes after release of the body by the public prosecutor if this is accordance with the explicit or alleged will of the deceased. The relatives have to be asked to find out the will of the deceased. If the relatives cannot be located the institute is entitled to take and save biological samples as a precautionary measure in the alleged interest of the relatives, as long as the will of the deceased is not contradicted. From these samples no genetic data can be extracted without the consent of the relatives. The relatives can ask the medicolegal institute to release the samples or to destroy them.

Item Type:	Journal Article
Creators:	Creators Email ORCID ORCID Put Code Katzenmeier, Christian UNSPECIFIED UNSPECIFIED UNSPECIFIED Keil, Miriam UNSPECIFIED UNSPECIFIED UNSPECIFIED Landwehr, Charlotte UNSPECIFIED UNSPECIFIED UNSPECIFIED Schumacher, Katrin UNSPECIFIED UNSPECIFIED UNSPECIFIED Rothschild, Markus UNSPECIFIED UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-447117
DOI:	10.1007/s00194-013-0928-z
Journal or Publication Title:	Rechtsmedizin
Volume:	24
Number:	1
Page Range:	S. 10 - 18
Date:	2014
Publisher:	SPRINGER
Place of Publication:	NEW YORK
ISSN:	1434-5196
Language:	English
Faculty:	Faculty of Law
Divisions:	Faculty of Law > Zivilrecht > Professur für Medizinrecht
Subjects:	Law
Uncontrolled Keywords:	Keywords Language Medicine, Legal Multiple languages
Refereed:	Yes
URI:	http://kups.ub.uni-koeln.de/id/eprint/44711