Section 81c Examination of other persons (1) Persons other than the accused who might be called as witnesses may be
examined without their consent only insofar as establishing the truth involves
ascertaining whether their body shows a particular trace or consequence of an
offence.
(2) Examinations to ascertain descent and the taking of blood samples from persons
other than the accused shall be admissible without such persons’ consent provided
no detriment to their health is to be expected and the measure is indispensable for
establishing the truth. The examinations and the taking of blood samples may only
ever be carried out by a physician.
(3) Examinations or the taking of blood samples may be refused for the same
reasons as testimony may be refused. If minors, due to the lack intellectual maturity,
or if minors or persons placed in care, due to mental illness or disability, do not have
sufficient understanding of the importance of their right of refusal, their statutory
representative shall decide; section 52 (2) sentence 2 and (3) shall apply
accordingly. If the statutory representative is precluded from taking a decision
(section 52 (2) sentence 2) or is prevented from taking a decision in time for other
reasons and the immediate examination or taking of blood samples appears
necessary to secure evidence, such measures shall be admissible only upon special
order by the court and, if the court cannot be reached in time, by the public
prosecution office. The decision ordering the measures shall not be contestable.
The evidence furnished pursuant to sentence 3 may be used in further proceedings
only with the consent of the statutory representative authorised to give such
consent.
(4) Measures under subsections (1) and (2) shall be inadmissible if, on evaluation of
the circumstances as a whole, the person concerned cannot reasonably be
expected to undergo such measures.
(5) The authority to give such order shall be vested in the court and, if a delay would
endanger the success of the examination, also in the public prosecution office and
its investigators (section 152 of the Courts Constitution Act); subsection (3)
sentence 3 shall remain unaffected. Section 81a (3) shall apply accordingly.
(6) The provisions of section 70 shall apply accordingly to cases where the person
concerned refuses to undergo an examination. Direct force may be used only upon
special order of the judge. The order shall presuppose either that the person
concerned insists upon the refusal despite the imposition of an administrative fine or
that there are exigent circumstances.