Decree of the Ministry of Health No. 47 / 1966 Coll.
Decree of the Ministry of Health on burial
Valid
Effective from 01.07.1966
47
DECLARATION
Ministry of Health
of 13 June 1966
about funeral homes
The Ministry of Health provides in the agreement with the participating central authorities pursuant to § 82 of Act No. 20 / 1966 Coll., on the care of the health of the people:
Notification of death and inspection of the dead
Notification of death
(1) Deaths, if not in a preventive care facility, and the body found dead must be notified to the local (urban) national committee or to the district doctor in whose district the person died or the body found dead. If this is done in a means of transport while driving, notification shall be made to the local (urban) national committee or to the district doctor, in whose circumference the body of the dead person has been unloaded from the means of transport. The local (urban) national committee or district doctor shall inform the competent public security authority of the death or finding.
(2) The local (urban) national committee, if notified to it, shall immediately inform the district physician responsible under paragraph 1. This doctor shall inform the doctor responsible for examining the dead, unless he is authorised to do so under Article 3.
(3) Deaths at a preventive care facility are notified without delay to the competent public safety authority. inform at the same time of the death of a person close to the deceased *, if known.
(4) The notification of death or of the body found dead shall be made within 12 hours at the latest; However, if there is a suspicion of a crime, it must happen immediately.
(1) Deaths are required to notify:
(a) persons living with the deceased at the time of death;
(b) the person in whose apartment or house the person has died or, where appropriate, the household confidant,
(c) a doctor who has treated or been summoned to the deceased upon death.
The obligation to notify shall pass on to the person indicated in the next order, unless the person indicated is in a position of priority or the person cannot fulfil his obligation.
(2) The death of persons who have died in treatment, in provision or in other care of public institutions or establishments is required to notify the head of the institution or establishment, or the worker authorised by it.
(3) If the person is not obliged to make the notification referred to in the preceding paragraphs, the reporting obligation shall be on anyone who has known or found the body of the dead, if he could have known, as the case may be, that the notification has not yet been made.
A tour of the dead
(1) A search of the dead is carried out by the competent district physician. If the competent district doctor of the deceased has, prior to death, treated or assisted in the birth of a child born or in relation to the deceased, another doctor appointed by the Director of the Institute of National Health shall be examined.
(2) A search of persons who have died in a preventive care facility is carried out by a doctor designated by the Director of the establishment. If the director of the establishment of the deceased has, prior to death, treated or assisted in the birth of a child born dead or is related to the deceased, the doctor shall designate the competent authority.
(3) Inspection of persons who have died in the premises of the armed forces or of the security corps shall be carried out by doctors of the facilities of those forces and corps and, where appropriate, by district doctors.
(1) The purpose of the examination of the dead (hereinafter referred to as the "inspection") is to determine death and its causes.
(2) A doctor authorised to inspect (hereinafter referred to as the "visiting doctor") is required to report immediately after the examination to the local (urban) national committee responsible for the management of the matrix the result of the inspection on the prescribed form (death certificate). The diagnostic part of this report shall be completed and signed by the treating physician, if the deceased had been in medical care before death, and by the medical examiner, if the deceased had been autopsied.
(3) If the examiner is suspected of a criminal offence or is unable to identify the cause of death, he shall immediately notify the district attorney and the competent public security authority; if the cause of death is a communicable disease or if the examining physician suspects that the disease of death is a communicable disease, he shall immediately notify the county hygienist and ensure that basic anti-epidemic measures are implemented.
Autopsy and removal of tissues and organs
Medical autopsy
(1) As a general rule, medical autopsies shall be carried out for persons deceased in health care establishments as decided by the head of the establishment; account shall be taken of equipment, in particular of the establishment of a pathological-anatomical separation (prosecture). The head of the facility shall order a medical autopsy, in particular if it is needed to verify the diagnosis according to which the deceased has been treated.
(2) The medical autopsy of persons who have died outside the health care establishment shall be decided by the examining physician or, where appropriate, by the district hygienist.
(3) The examiner shall order the medical autopsy of persons who have died outside the medical establishment in particular,
(a) if it is needed to determine the causes of death or the circumstances in which death occurred, particularly in the event of sudden death,
(b) if there is a stillborn child or a child who has died within 1 year,
(c) if there is a woman deceased in connection with pregnancy, abortion, childbirth or six weeks,
(d) if the cause of death was an occupational disease or industrial poisoning, or if it is the death of a person with an uncured occupational disease or an uncured industrial poisoning;
(e) where this requires general health or scientific interest.
(4) The county hygienist shall order the medical autopsy of persons who have died outside the health care establishment to be carried out if the funeral permit is lit and if the certificate of the viewing physician referred to in Article 14 (1) cannot be presented.
(1) A medical autopsy may be carried out not less than two hours after the examining physician has safely detected death.
(2) A medical autopsy is carried out by a medical practitioner in the pathological-anatomical department (prosecture) or, where appropriate, by a medical department in the hospital with a medical clinic or by a medical practitioner in the pathological-anatomical department of another medical establishment. The autopsy physician shall arrange for a report to be drawn up immediately after the autopsy and for the result of the examination (§ 4 (2)) to be reported as well; the protocol shall be signed by the autopsy physician and the head of the pathology-anatomical and, where appropriate, the medical department.
(3) If a medical autopsy suspects that the death was caused by a criminal offence, the autopsy shall be interrupted and the autopsy physician shall immediately notify the head of the medical institution, the district attorney and the competent public security authority.
(4) The cost of a medical autopsy, including the transport of the body of the dead, is borne by the medical institution in which the death occurred, in other cases by the county national health institution in whose district the person died or the body of the dead was found.
(5) Special regulations apply to the medical autopsy of members of the armed forces and the security forces who died outside the medical facility.
Autopsy for other reasons
(1) Specific rules apply to the autopsy.
(2) If there are no grounds for a medical or judicial autopsy, the county hygienist may allow an autopsy for other reasons of good consideration. Paragraph 6 (1) to (3) shall apply mutatis mutandis. The cost of this autopsy is borne by whoever requested it.
Removal of tissues and organs
(1) For therapeutic and scientific research purposes, the body of dead tissue and organs may be removed. The removal of tissues and organs or other treatments on the body of the dead may be carried out only in the pathological-anatomical, medical or tissue department of the hospital with the clinic, with the consent of a doctor who would otherwise be entitled to decide to perform the autopsy (§ 5). If the procedure is to be performed by a doctor other than a pathologic-anatomical, medical or tissue department, the agreement of the head of the department in which the procedure is to be carried out shall also be required. The doctor will write a short report on the performance.
(2) The removal of tissues (organs) from the bodies of the dead and other operations on them may, as a rule, be carried out not earlier than two hours after the examination physician has safely identified death. The Ministry of Health shall, in agreement with the Ministry of Justice and the Prosecutor General, provide for the conditions under which tissues (organs) may be removed from the bodies of the dead before the expiry of the time limit, if the nature of the tissue removed (organ) or the purpose of its use so requires.
(3) The tissues and organs must not be withdrawn for therapeutic and scientific research purposes if the dead person has stated in writing in his lifetime that he does not accept withdrawal.
Burying
Temporary death deposit
For public rooms of mourning, which are built by national committees to say goodbye to the deceased, suitable rooms must be set up for temporary storage of the dead. Where such a room is set up, the body of a person who died outside a preventive care facility shall be moved to that room no later than eight hours after the inspection, unless it has been located within the same period in a temporary burial facility at the burial site (§ 19) or in a crematorium (§ 26), or transported for autopsy. Until eight o'clock, the period between 22 and 6 o'clock shall not be added.
Burial obligation
(1) The dead must normally be buried within 96 hours, but not before 48 hours of death. If an autopsy has been carried out, the body may be buried immediately after the autopsy; If there is a judicial autopsy ordered by the prosecutor, it may be buried only with the consent of the prosecutor. A funeral may be waived if dead bodies are to be used permanently for scientific or educational purposes. In this way, the bodies of deceased persons may be used, who have given their consent before death or whose identity cannot be ascertained. For such purposes, dead bodies may also be used, for which no one has claimed to be dead within 96 hours, despite the fact that persons close to him *) were informed in good time, unless the deceased had taken a funeral measure before death.
(2) Before the funeral or the appointment of a dead body for scientific or educational purposes, it must be demonstrated that the examination has been carried out and, where appropriate, the autopsy, and that a report has been submitted to the local (urban) national committee responsible for the management of the matrix (§ 4 (2)).
Funerals
(1) It shall be buried by burial in the ground or by incineration (fire), unless an important general interest requires a different kind of burial. Any other kind of funeral may be ordered or authorised by the health service authority or, where appropriate, by the body empowered by it.
(2) The casings in which the dead are buried must be thoroughly sealed. If climatic conditions so require, the bottom of the coffin shall be provided with a layer of absorbent matter (wood sawdust, wood wool etc.).
(3) The bodies of persons who have died of a communicable disease must be packed in a sheet impregnated with disinfectant solution before being placed in the coffin; the coffin must be tightly closed.
(4) The dead are stored in cemeteries. Storage outside the cemetery can only be authorised by the county hygienist for reasons worthy of special consideration.
(5) The cremation of the dead should only be carried out in crematorium.
(6) The cremated remains are stored in burial sites (§ 19). Storage outside the burial ground is allowed exceptionally, only with the approval of the local (urban) national committee, which leads to the disposal of cremated remains outside the burial site of special records.
(7) If all the prescribed conditions for the type of funeral chosen by the deceased are fulfilled, his wishes must be met as far as possible. If the deceased has not determined, directly or indirectly, the type of funeral, it shall be determined by the person ordering the funeral. These provisions shall not apply where an important general interest requires a different kind of funeral.
Funeral procurement by the National Committee
If the funeral has not been abandoned (Paragraph 10 (1)) or the funeral has not been provided by someone else, the local (urban) national committee responsible under Paragraph 1 (1) must do so. This shall not preclude the right to reimbursement of funeral expenses against those who are obliged to bear such costs under other provisions or legal obligations.
Burying circuits
(1) The storage of the dead into the ground is to be carried out, as a rule, in a cemetery in which the person died or the body of the dead was found or unloaded from the means of transport. The territorial districts from which the dead are stored in certain cemeteries shall be determined by the District National Committee.
(2) The burial of a dead body in another cemetery is possible only with the permission of the local (urban) national committee in whose district this cemetery belongs.
(3) If the dead cannot be buried in the cemetery of the competent or elected, the cemetery shall be determined by the district national committee.
Conditions for incineration
(1) The incineration may be carried out only with the permission of the county hygienist, unless the specific provisions provide otherwise. An authorisation shall be granted if the identity of the dead is undoubted and if it is demonstrated by confirmation of the examining physician or evidence of the autopsy carried out, as well as confirmation by the public security authorities that there is no suspicion of a criminal offence. If a criminal offence is suspected, cremation may be permitted only with the consent of the prosecutor.
(2) An authorisation for incineration is given by a county hygienist whose jurisdiction a person has died or the body of a dead person has been found or unloaded from a means of transport or dissected.
(3) The permit for the incineration of a dead person transported abroad is given by a county hygienist whose jurisdiction is to be cremated.
(4) The decision by which the district hygienist refused to grant an authorisation for incineration may be appealed within two days of service of the decision. There's no appeal against a county health inspector's decision on how to deal with a dead body so far.
(5) If a general health interest so requires, especially if a malignant epidemic occurs, the chief hygienist of the Czechoslovak Socialist Republic may impose an obligation to cremate the dead, even if the conditions laid down in the previous paragraphs are not met; However, in such cases the consent of the prosecutor is also required if a criminal offence is suspected.
Combustion
(1) Crematorium administrations are obliged to receive for cremation all dead persons whose cremation has been authorised. The main hygienist of the Czechoslovak Socialist Republic may lay down for crematoriums the conditions under which cremation may be carried out outside the relevant catchment area.
(2) The management of the crematorium will ensure that cremated remains (hereinafter referred to as "ashes") are placed in the bin and that the bin is fitted with a closure and marked precisely. The ashes and ashes management of the crematorium shall, as requested by the funeral director, issue to the administration of the burial ground or to the person who provides proof that the ashes will be stored in the burial ground or that the local (urban) national committee has authorised the disposal of the dumpster outside the burial ground. If the client does not take other measures, the administration of the crematorium shall be obliged to keep the trash can for a period of one year after the incineration. At the end of this period, it can pass the ashes to the administration of the burial site for free storage (§ 16).
Storage of ash
(1) The ashes shall be deposited at the request of the deceased or, where appropriate, of the purchaser of the funeral either in a dumpster or freely. It is freely stored by mixing itself with the ground at the burial ground.
(2) Accept the ashes for storage is required to manage every dumpster. The administration of the cemetery has this obligation only if there is no Dumpster burial site in the burial district or if there is a grave or a tombstone to another member of the family.
Disperse ash
(1) At the request of the deceased or, where appropriate, the funeral agent, the ash scatter may also be performed (hereinafter referred to as "scatter ').
(2) The dispersion may only be carried out at a burial site (§ 19) for this purpose approved in advance (dispersion meadows).
(3) On a case-by-case basis, the county hygienist responsible for the place where the dispersion is to be carried out may, on a case-by-case basis, allow the dispersion to be carried out at the request of the deceased or, where appropriate, the funeral agent, in a different manner than that provided for in the previous provisions, in particular at another location chosen by them.
(4) The dispersal shall be recorded in a separate book. The record shall state the name and surname of the deceased, his last residence, the date of birth, the date of death and the date and place of cremation and dispersal. The register shall include an alphabetical list of persons buried in this manner.
(5) Dispersion records shall be kept by the administration of the dispersal meadow, by the administration of the cemetery in whose territorial perimeter the dispersion has been carried out, and by the registration of the dispersion carried out in accordance with the provisions of paragraph 3.
Residues
(1) The provisions of this Decree shall apply mutatis mutandis to the disposal or cremation of exhumed bodies of the dead and the remains of bodies buried or cremated in a manner other than those laid down in the rules on burial.
(2) Other remains, in particular human fruit, which have been aborted or taken early, as well as parts of the body or organs removed from the living person, unless used for scientific or educational purposes, shall be placed in the country in a designated place or cremated. These remains may only be cremated in the incinerators of medical facilities, only if there is no suspicion of a crime.
Funeral grounds
Establishment and administration of burial sites
(1) Funerals (cemeteries, Colombarium, urn groves and dispersion meadows) are set up and managed by local (urban) national committees which can entrust their administration to other socialist organisations.
(2) The approval of the district hygienist is necessary to establish the burial site.
(3) Each cemetery must have a suitable facility for temporary storage of the dead.
(4) The burial ground shall be supplied with drinking or productive water.
How to bury a grave
(1) The dead are usually stored only one at a time in each grave, unless an important general interest requires a joint grave.
(2) The administration of the cemetery may, at the request or with the agreement of the person to whom the place of the grave has been lent, allow other dead relatives and, where appropriate, other persons to be placed in the same grave. If the melting time has not passed (§ 22), the agreement of the district hygienist is needed.
Lease of space at the burial ground
(1) The administration of the burial ground is obliged to lend a place for the grave for the melting period (§ 22) and a place for the garbage bin for 10 years from the first deposit. If the conditions at the burial site allow this, the administration of the burial site is obliged to lend the place for a further period; otherwise they must inform in due time who has been given the place.
(2) At the end of the period on which the site was rented, it shall be handled with the remains, with the garbage cans and with the tombstones similar to when the burial ground was abolished (§ 24).
(3) Graves and dumpsters of cultural significance may not be removed, except where the burial ground is abolished, even after the expiry of the period for which the post was granted.
Time
The body of the dead must be kept in the ground for as long as the county hygienist determines, taking into account the soil composition (period of fading); that period shall not be less than 10 years.
Exhumation
(1) Before the end of the festering period, the body of the deceased may be removed from the ground (exhumed) only on the instruction of the county hygienist or with his consent, in the presence of a representative of the funeral home administration; the provisions of the Code of Criminal Exhumation remain unaffected. At the request of the survivors, exhumation may be carried out only exceptionally for particularly serious reasons, only if they also prove that the persons close to the dead * have agreed on it.
(2) Bodies of persons deceased for quarantine disease * * must not, as a general rule, be exhumed before two years after the funeral.
(3) Exhumation costs are borne by the person who requested them.
Cancellation of burial ground
(1) If the burial site does not comply with the health or other general interest, the local (urban) national committee will prohibit the burial on it or abolish the burial site.
(2) The cemetery can only be cancelled after the end of the festering period since the last death. For purposes where the terrain needs to be deepened, the abolished cemetery can only be used after 20 years of the last funeral; If it is found on the remains, it shall be placed in a designated place or cremated.
(3) The ashes from the abolished burial ground, the survivors of which were not taken care of through the warning, are transferred to another burial ground, and if the time to which the place was granted has expired (§ 21), they are opened and the ashes are mixed with the ground.
(4) The tombstones which those who have been given a place for the grave or for the garbage can will not be removed from the abolished burial ground within 6 weeks of notification, removal and storage of the burial site to the cargo of their owners.
(5) If there is a general interest worthy of special consideration, the cemetery may also be cancelled before the end of the festive period after the last death has been carried out. In the case of graves where the fading time has not passed, also the accessories of the grave (monuments, crosses, curbstones, etc.) must be transported. The costs associated with the early abolition of the cemetery shall be borne by the organisation in whose interest the cemetery has been abolished.
Crematoria
Crematorial establishment and management
(1) The crematorium is set up and managed by the municipal national committees which may entrust this authorisation to other socialist organisations.
(2) A belt of green shall be set up around the crematorium, the parts of which may be used to store the dumpster (urn grove) or, if necessary, to provide sufficient space for the dispersion meadow.
(3) The approval of the district hygienist is needed to establish and start operations of the crematorium.
Crematorium equipment
(1) The combustion plant of the crematorium must be technically so that the incineration is rapid and complete, without visible smoke formation. The ash must be clean and white.
(2) For each crematorium, suitable facilities shall be provided for the temporary storage of the dead and for the temporary storage of the dumpster.
Order for burial grounds
(1) Local (urban) national committees issue orders for burial sites, including, in particular, more detailed provisions on temporary storage of dead and ashes, on the hire of a place for grave, tomb or garbage, on burial in the grave, on ash storage, on requirements for graves and tombs, on the abolition of the right to the place, on the abolition of the grave and on the removal of tombstones.
(2) The approval of the district hygienist is needed to issue the funeral order.
Carriage of corpses and remains
Transport authorisation
(1) Authorisations shall be required for the transport of dead and remains, unless they take place directly at the appropriate cemetery. The permit for the transport of dead (remains) in the county territory or for autopsy in the county territory shall be issued by the examining doctor, in other cases, unless otherwise provided for in specific regulations, the district hygienist whose perimeter the dead (remains) is transported from.
(2) The permit to cremate the dead (Section 14) also includes the authorisation to transport it to the designated crematorium.
(3) When transporting dead (remains) to a foreign country, a special accompanying document is required, which must include its name, surname and age, place, day and cause of death. In this case, the accompanying document shall be drawn up in one of the languages most used in international contact in addition to the Czech or Slovak version. This accompanying note is issued by a county hygienist.
(4) When transporting from abroad or passing dead (remains) to the territory of the Czechoslovak Socialist Republic, it issues a movement certificate, unless otherwise provided by international regulations, the Czechoslovak representative office.
(5) A transport permit or movement certificate for the transport of dead (remains) cannot be issued if the transport would jeopardise the general health interest. The transport of persons deceased to a quarantine disease may not be authorised before the expiry of two years from the date of death.
(6) No authorisation is required for the transport of incinerated waste cans.
Transport
(1) When transported by rail, the coffin with the body of the dead (with the remains) must be transported in a special closed carriage.
(2) When transporting a motor vehicle, it is permitted to use only a special hearse to transport coffins with the dead body (with the remains).
(3) In air transport, the coffin with the dead body (with the remains) is usually transported by special aircraft; if special aircraft are not used, the coffin shall be located in a special enclosed space.
(4) Closer conditions are laid down in the timetable. Otherwise, they'll be determined by a county hygienist. Transport abroad shall be carried out in accordance with an international arrangement. *)
Common and final provisions * *)
The provisions of this decree also apply to parts of the body of the dead and to stillborn children.
In agreement with the Department of National Security, the District National Committee may entrust a hospital medical practitioner with a medical clinic (clinics) to exercise the permissions of the district hygienist provided for in Sections 5 (2) and 5 (4), 7 (2), 14 (2), 20 (2), 28 (1) and 29 (4) within a defined heading.
The guidelines of the main hygienist of the Czechoslovak Socialist Republic of 18 November 1958 on the dispersion of cremated remains published at 95 / 1958 Ú. l. (95 / 1958 Ú. v.) are hereby repealed.
This Decree shall take effect on 1 July 1966.
Minister:
Plojhar v. r.
*) § 116 of the Civil Code.
* *) Quarantine diseases are according to Decree No. 46 / 1966 Coll., on measures against communicable diseases, pestis (Pestis), Asian cholera (Cholera asiatica), yellow fever (Febris flava), smallpox (Variola vera), epidemic spills (Typhus exanthematicus) and refundable fever (Febris recurrens).
*) International agreement on the transport of corpses of 10 February 1937 No 44 / 1938 Coll.
* *) The competence of the authorities of the Slovak National Council in the performance of the tasks arising from this decree shall be determined by the Law of the Slovak National Council issued pursuant to § 73 of Act No. 20 / 1966 Coll., on the care of the health of the people.
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Regulation Information
| Citation | Decree of the Ministry of Health No. 47 / 1966 Coll., on funeral services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1966 |
|---|---|
| Effective from | 01.07.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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