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The presentation of the Minister for Justice is governed by the Law of 5 September 1975 concerning certain examinations of blood and other inherited properties (702/75) Pursuant to:
This Regulation lays down certain studies on blood and other hereditary characteristics (20,21) Of the Member States.
A blood study shall be carried out in a public health establishment or in a university establishment approved by a health care centre, or in another establishment approved for this purpose by the judicial security centre.
The other research on hereditary characteristics shall be carried out in a university establishment approved by the Health Justice Centre or by an expert approved separately by the judicial security centre.
The blood samples necessary for a blood study shall be taken by a doctor in the service of the State or of the municipality or of the institution carrying out the studies referred to in this Regulation. The blood sample can also be taken by another licensed physician. (13,1991/456)
The blood sample shall be sent to the supplier of the blood study referred to in Article 2 (1).
Where the Court of Justice has ordered a study on the characteristics of other characteristics to be carried out than a tax investigation, the court shall send a notification of this order to the Health Service Centre. The order shall be accompanied by a copy of the opinion issued on the basis of the blood study. The Centre shall ensure that the investigation is organised.
If a blood study cannot be carried out from a consigned sample, or if the verification of the result of the study or completion of the examination prior to the opinion is necessary, a new blood sample shall be taken.
The supplier of a blood study shall, without delay, inform the court or children's supervisor of the need for a new blood sample, who shall exercise the authority of the child in the case of confirmation of paternity, or The child's supervisor who submitted it.
Where the notification referred to in paragraph 2 has arrived, the President of the Court of Justice or the relevant party magistrate or the child's administrator shall, without delay, provide evidence of the admissibility of a new blood sample and, at the same time, indicate: The time within which a new blood sample shall be provided.
The examination shall include a court order for carrying out a study or notification of a new blood sample to the recipient of the blood sample or any other study. When a blood study is carried out on a proposal from the child supervisor, the examination shall be carried out by the person who took the blood sample from the child's supervisor for the submission of a blood study.
Before taking a blood sample or any other study, an examination shall be made of the identity of the sample taker or the examiner. Identity shall be demonstrated on the basis of an identity document or in any other comparable, reliable manner.
The supplier of a blood study shall, without delay, send an opinion on the basis of the study to the court of destination or to the child supervisor who submitted the investigation. Copies of the invoices referred to in Article 11 (2) shall be attached to the opinion.
The investigating officer shall send an opinion on the study to the Health Care Centre. The Legal Security Centre shall forward the opinion, together with a copy of the invoice referred to in Article 11 (3), to the court of destination. (12 FEBRUARY 1993/185)
In order to carry out the travel and subsistence costs necessary for the purpose of obtaining a blood sample or to carry out the cost of carrying out a study in order to carry out a study, the (87/73) (1), the written declaration on assets and maintenance obligations, as well as any other available necessary statement.
However, it is not necessary to issue a declaration as referred to in paragraph 1 if he has given an equivalent assurance in the course of his request for a free trial in the case in which the court has ordered the investigation.
Article 4 of the Law on investigation of certain blood and other inherited characteristics in advance of the costs of travel and subsistence expenses in advance of State resources is applicable, where applicable, of State resources. The law on the costs of proof (666/82) And Regulation (182/72) Is provided for.
In order to carry out the advance, the necessary check or credit transfer or bank account credit card shall be written by the originator of the order in advance, except where the order has been issued by a social committee, The head of the police district or the official who has been appointed by the provincial government to deal with matters of advance.
The Ministry of Social Affairs and Health lays down the criteria according to which a fee for the taking and sending of a blood sample, as well as the award of the certificate to be examined, as well as the compensation for research on blood or other hereditary characteristics, and The certificate issued and the opinion issued on the basis of the investigation shall be carried out. The Ministerial Decision shall be published in the Regulation.
Where a blood sample has been taken by a doctor of the health centre, the premium referred to in paragraph 1 shall be carried out as provided for in Article 6a of the Regulation on the supply of medical studies to the doctor and to the dentist.
The Ministry of Justice shall pay the fees and allowances referred to in Article 10 on the basis of the invoice submitted to it.
The sample of the sample shall be sent by the blood sample from its measures to the sample of the blood study. This sends a bill to the Ministry of Justice for the above invoice and for the conclusion of the investigation and related measures.
In addition to the opinion referred to in Article 7 (2) of the invoice, the supplier of an investigation into the other inherited characteristics sends a health care centre to the Ministry of Justice. (12 FEBRUARY 1993/185)
The Ministry of Justice shall provide more detailed guidance on the procedure for calculating the premiums and compensation referred to in this section.
The following documents shall be written for the prescribed forms:
(1) a court order pursuant to Article 2 of the Law on certain examinations of blood and other hereditary characteristics, and the notification referred to in Article 4 of this Regulation on the order of the court;
(2) the announcement by the President of the court or of the President of the Court or of the children's administrator referred to in Article 5 (3), of a new blood sample;
(3) the presentation by the child supervisor of a blood study, as referred to in Article 6 (1);
(4) a certificate, referred to in Article 3 (1), for the examination of blood samples necessary for the examination of blood tests or any other examination; and
(5) Article 10 (2) of the Law on State aid for the payment of travel and subsistence expenses.
The forms referred to in paragraph 1 shall be confirmed by the Ministry of Justice upon receipt of the opinion of the Health Department. (12 FEBRUARY 1993/185)
The invoices referred to in Article 11 (2) and (3) shall be subject to the information provided by the Ministry of Justice. The Ministry of Justice shall determine the content of invoices after receiving the opinion of the Health Centre. (12 FEBRUARY 1993/185)
The Ministry of Social Affairs and Health provides more detailed provisions on methods, studies and opinions to be used in studies on blood and other hereditary characteristics.
The Ministry of Social Affairs and Health also confirms the other instructions necessary for the investigation.
This Regulation shall enter into force on 1 October 1976. It repeals the Decree of 30 December 1963 on the implementation and application of the Law on certain aspects of blood and other inherited characteristics (19,21) .
This Regulation shall enter into force on 1 June 1985.
This Regulation shall enter into force on 1 January 1991.
This Regulation shall enter into force on 4 March 1991.
This Regulation shall enter into force on 1 March 1993.
The provisions and instructions of the Social and Health Government, issued on the basis of the provisions in force at the date of entry into force of this Regulation, shall remain in force until the Ministry of Social Affairs and Health annuls them.
