Regulation No 8 / 1955 Coll.
Mortality Regulation
Valid
Effective from 05.03.1955
8.
Regulation of the Minister for Health
of 15 February 1955
about burial.
The Minister of Health hereby orders, pursuant to Article 15 of Act No. 4 / 1952 Coll., on Sanitary and Anti-Epidemic Care:
Notification of death and inspection of the dead.
Notification of death.
(1) The death of a person or the finding of a corpse must be notified to the management authority of the local national committee in whose district the death or finding occurred. Where a death occurs or a corpse is found in a means of transport while driving, a notification shall be made to the management authority of the local national committee in whose circumference the corpse has been unloaded from the means of transport.
(2) The notification of death or the finding of a corpse must be made within 12 hours, but if there is suspicion of a crime, it must be done immediately.
(3) The executive body of the local national committee shall immediately inform the medical examiner responsible for examining the dead and the county hygienists of the death or the finding of the corpse and, if not already, the competent public safety authority.
(1) Deaths are required to notify:
(a) elderly persons who, at the time of death, lived with the deceased in the common household;
(b) the one in whose apartment or house the person died,
(c) a doctor who has treated or been summoned to the deceased upon death.
The notification obligation shall pass on to the person indicated in the next order, unless the persons indicated on the spot are the foremost or can fulfil that obligation.
(2) The death of persons who have died in the treatment, provision or other care of public institutions or establishments is required to notify the head of the institution or establishment, after having been entrusted with it.
(3) If the person is not obliged to make the notification referred to in the preceding paragraphs, the reporting obligation shall be for anyone who has learned or found a corpse, if he could have known, as appropriate, that the notification had not yet been made.
A tour of the dead.
(1) Inspection shall be carried out by the competent district physician. If the competent district doctor of the deceased has treated or assisted in the delivery of a dead child before death, another doctor shall be examined and appointed by the head of the medical department of the Council of the District National Committee.
(2) A survey of persons who have died in a preventive and therapeutic care facility is carried out by a physician in a pathological-anatomical department of that facility; if the department is not established, the district doctor in whose district the establishment is located or the doctor designated by the head of the medical department of the Council of the District National Committee shall carry out the inspection.
(3) Surveys of persons who have died in armed corps are carried out by doctors at the premises of such corps.
(1) The purpose of the survey is to determine death and its causes.
(2) The browsing physician shall report the result of the inspection to the management authority of the local national committee responsible for the management of the matrix immediately after the inspection. If the deceased was in medical care before death, the treating physician shall complete and sign the diagnostic part of this report.
(3) If the examiner is suspected of a criminal offence or cannot identify the cause of death, he shall immediately notify the district attorney and the competent public security authority; If he can't find the cause of death, he'll tell the county hygienist.
Autopsy and removal of tissues and organs.
A safe medical autopsy.
(1) A health autopsy shall be carried out on persons who have died in preventive and therapeutic care facilities if this is necessary to verify the diagnosis according to which they have been treated; the conduct of the autopsy shall be decided by the head of the establishment. Otherwise, it decides to perform a health-care autopsy by county hygienists, which in particular requires it to be carried out,
(a) if necessary to establish the cause of death or its circumstances,
(b) if the funeral permit is lit and the medical certificate referred to in Article 15 (1) cannot be presented, or
(c) if this requires a general health interest.
(2) A safe medical autopsy may be carried out not less than two hours after the doctor authorised to examine the dead safely determined death.
(3) A safe medical autopsy of persons deceased in preventive and therapeutic care facilities is carried out by a pathologic- anatomical department or by another doctor designated by the head of the establishment. In other cases, a health autopsy shall be carried out by a doctor designated by the head of the medical department of the Council of the District National Committee on a proposal from the District Health Service. The autopsy physician shall arrange for a report to be drawn up immediately after the autopsy and for a report to be submitted to the executive body of the local national committee responsible for the matrices: the report shall be signed by all those who participated in the autopsy.
(4) If there is a suspicion in a health autopsy that the death was caused by a criminal offence, the autopsy shall be interrupted and the autopsy physician shall immediately notify the district attorney and the competent public security authority.
(5) The cost of a health autopsy is borne by the State.
(6) Specific rules apply to the autopsy and the autopsy of persons who have died in armed corps facilities.
Unofficial autopsy.
If there are no reasons for a health or judicial autopsy, the county hygienist may allow the autopsy for other reasons of good consideration. The costs of this autopsy will be borne by whoever requested it. Paragraph 5 (3) shall apply mutatis mutandis.
Tissue and organ removal.
(1) For therapeutic purposes, the necessary tissues and organs may be removed from the bodies of the deceased. The tissues and organs may not be withdrawn if the deceased has stated in writing in his lifetime that he does not accept withdrawal.
(2) The Ministry of Health will determine in which health facilities tissues and organs can be removed and will adjust the conditions and manner of their removal.
Burying.
Burial duty.
(1) The body must be buried within 96 hours, but not before 48 hours of death. If an autopsy has been carried out, the corpse may be buried immediately after the autopsy; If there's an autopsy ordered by the prosecutor, the body can only be buried with his consent. Exceptionally, burial may be waived if dead bodies are to be used permanently for scientific or educational purposes. This way, the corpses of persons can be used,
(a) which have given their written consent;
(b) the identity of which cannot be ascertained; or
(c) which have died in preventive and medical care or provision facilities and which no one has claimed within 96 hours of death.
(2) Before burial or designation of a corpse for scientific or educational purposes, it shall be demonstrated that it has been examined, including autopsy, and that a death report has been submitted to the management body of the local national committee responsible for the management of the matrix.
The kind of funeral.
(1) Corpses are buried by laying in the ground or by burning (by burning), unless an important general interest requires a different kind of burial. Any other kind of funeral may be ordered or authorized by the chief hygienist, after the authority empowered by him.
(2) Corpses are stored in cemeteries. Storage outside the cemetery can only be authorised by the county hygienist for reasons worthy of special consideration.
(3) The cremated remains are stored in burial sites. The county hygienist will allow the deposit outside the burial grounds if it is proven to be a drinking process.
(4) If all the prescribed conditions for the type of funeral chosen by the deceased are fulfilled, his wish 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.
Providing funeral services to the executive body of the local national committee.
If someone else has not obtained the funeral, the executive body of the local national committee in whose district the person died or the body was found shall be obliged to do so, after unloading from the means of transport (§ 1 (1)). 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.
Burial circuits.
(1) The placing of a corpse in the country should normally be carried out in a cemetery in whose circumference the body was killed or found, and if the death occurred in a means of transport while driving, in a cemetery in whose circumference the body was unloaded. Territorial districts from which corpses are stored in certain cemeteries will be determined by the county hygienist.
(2) The burial of a corpse in another cemetery is possible only with the permission of the executive body of the local national committee, whose perimeter it belongs to.
(3) If a corpse cannot be buried in the cemetery of the competent or elected, the cemetery shall be determined by the district hygienist.
A grave.
(1) Corpses are usually stored only after one 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, permit the bodies of other members of the family to be placed in the same grave, if any, in the case of persons not involved. If the fading time has not passed, the agreement of the county hygienist is also needed.
It's a good time.
The body must remain in the country for as long as the county hygienist provides for taking into account the soil composition; that period shall not be less than 10 years, for children less than 10 years of age less than 6 years.
Exhumation.
(1) Before the end of the fencing period, the corpse can only be removed from the ground (exhumed) on the instruction of the county hygienist or with his consent. At the request of the survivors, exhumation may be carried out only if they also prove that the next of kin has agreed on it.
(2) The corpses of persons who have died of a highly contagious disease must not, as a rule, be exhumed before 2 years after the funeral.
Conditions for incineration.
(1) Corpses may be cremated only after prior permission of the county hygienist, unless otherwise provided in the specific provisions. An authorisation shall be granted if the identity of the cadaver is undoubted and if it is demonstrated by the confirmation of the doctor who examined the cadaver and if the deceased was, prior to his death in medical care, also by the doctor who treated the deceased (§ 4 (2)), or by evidence of the autopsy carried out, as well as by the confirmation by the public safety authority 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 cremation is granted by a district hygienist whose perimeter has been found dead or dead or unloaded from a means of transport (§ 1 (1)), after autopsy; when transported from abroad by a county hygienist whose district is to be cremated.
(3) The decision by which the district hygienist refused to grant an authorisation for incineration may be appealed within 2 days of its notification. There's no appeal against a county health inspector's decision on how to deal with a corpse so far.
(4) If a general health interest so requires, in particular if a malignant epidemic occurs, the chief hygienist may impose an obligation to cremate corpses even if the conditions laid down in the preceding paragraphs are not met; However, even in such cases, the consent of the prosecutor is required if a criminal offence is suspected.
cremated.
(1) Corpses are cremated in bodies' crematories.
(2) Crematorium administrations are obliged to receive for cremation all corpses whose cremation has been authorised. The chief hygienist may identify the territorial districts from which the corpses are to be cremated in certain crematorium, while at the same time setting out the conditions under which the corpses can be cremated in another crematorium.
(3) The administration of the crematorium will arrange for the cremated remains to be placed in the bin and the trash can to be fitted with a seal and marked precisely. The ashes shall be issued to the crematorium administration to the person who presents the evidence of cremation. If the survivors or the competent authorities do not take any other action, the administration of the crematorium shall be obliged to keep the bin for a period of one year after the incineration. At the end of this period, he can open the dumpster and mix the cremated remains with the ground at the burial ground.
Storage of cremated remains.
(1) The cremated remains are stored at the request of the deceased, either in a dumpster or loose, after the client's funeral. They are freely stored by mixing themselves with the ground.
(2) Acceptance of cremated remains for storage shall be required for the administration of each Dumpster burial site; the administration of the cemetery has this obligation only if there is no Dumpster burial in the burial district or if there is a grave or tombstone to another member of the family.
(3) At the request of the deceased, after the funeral client, a scattering of cremated remains may also be carried out. The conditions and method of dispersion shall be determined by the chief hygienist.
The remains.
(1) The provisions of this Regulation shall apply mutatis mutandis to the disposal or cremation of exhumed corpses and remains of bodies buried or cremated otherwise than under the rules on burial.
(2) Other remains, in particular human fruit, which have been aborted or taken early, and parts of the body or organs removed from the living person, unless used for scientific or educational purposes, shall be placed in a place of refuge or cremated, and ash shall immediately be mixed with the country of destination. These remains may be cremated if the certificate of the doctor who carried out the examination is submitted and the certificate of the public safety authority that there is no suspicion of a crime.
Carriage of corpses and remains.
(1) A movement note is required for the transport of corpses and remains, if not directly to the cemetery concerned.
(2) The accompanying document shall be issued by the district hygienist from whose circumference the corpse or remains are transported, unless otherwise specified by the specific provisions; in the case of carriage from abroad or transit through the territory of the Czechoslovak Republic, issue a movement certificate, unless the international regulations on the transport of dead bodies provide otherwise, the Czechoslovak representative office, from whose jurisdiction the body is transported.
(3) The accompanying certificate for the transport of corpses from a preventive and medical care facility shall be issued by a doctor authorised to inspect persons who have died in such an establishment. This doctor is required to report immediately the issue of the accompanying certificate to the county hygienist.
(4) The accompanying certificate for the transport of corpses cannot be issued if the transport would jeopardise the general health interest. As a rule, if there is a death of highly contagious disease, a movement certificate may not be issued before two years after the funeral.
(5) A permit to cremate a corpse includes a permit to transport it to a designated crematorium.
(6) No authorisation is required for the transport of incinerated waste cans.
Funeral ground.
Managing and setting up a burial ground.
(1) Funerals shall be managed and established by local national committees which may entrust their management to the undertakings of the municipal economy or other socialist legal persons.
(2) A place which meets hygiene and drinking requirements must be chosen for burial sites. The county hygienist's permission is needed to set up the burial site.
(3) Appropriate rooms must be set up at each cemetery for temporary storage of corpses and for carrying out autopsies.
Borrowing space for the grave and the garbage can.
(1) The administration of the burial ground is obliged to lend a place for the grave for the melting period and a place for the garbage can for 10 years after 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 lent, the remains, garbage cans and tombstones shall be treated in a similar manner to the abolition of the burial ground.
(3) Graves and dumpsters of cultural significance must not be removed, except in cases where the burial ground is abolished, even after the expiry of the period for which the post was granted.
The abolition of the burial ground.
(1) If the burial site does not satisfy the health or other general interest, the county hygienist may prohibit burial on it or the burial site.
(2) The cemetery can only be cancelled after the end of the taming period since the last cadaver was placed. For purposes where the terrain needs to be deepened, the abolished cemetery can only be used after 20 years of the last funeral; In doing so, they shall be treated in accordance with Paragraph 18.
(3) The ashes from the abolished burial ground, the survivors of which had not taken care of in the wake of the warning, are transferred to another burial ground, and if the time for which the place was lent has expired (§ 21 (1)), the remains of which are opened and are mixed with the ground. The tombstones, if those who have been given a place for the grave or for the garbage can, are not removed from the abolished burial ground within 6 weeks, cleaned and stored by the burial site to the cargo of the headstone owners.
(4) If there is a general interest worthy of special consideration, the cemetery may also be abolished before the end of the festive period after the last corpse has been transferred to another cemetery. 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 of the early abolition of the cemetery connected with the body (organisation) in the interest of which the cemetery was abolished.
Crematorium.
(1) The crematorium is established and administered by national committees which may entrust this authorisation to the undertakings of the municipal economy or other socialist legal persons.
(2) The crematorium shall be selected as complying with hygiene and drinking requirements. To establish a crematorium, a regional hygienist's permission is required.
(3) For each crematorium, suitable rooms shall be established for temporary storage of corpses, for carrying out autopsies and for the temporary storage of garbage cans.
Interpretation of terms.
(1) A dead body is also the corpse of a child who was born dead, as well as parts of the dead body.
(2) Funerals are cemeteries and dumpster burial sites (Colombaria and urn groves).
Final provisions.
(1) Under the provisions of Section 17 of Act No. 4 / 1952 Coll., on sanitary and anti-epidemic care, all provisions on matters governed by this Regulation are repealed. In particular, the following shall be deleted:
1. Act No. 464 / 1921 Coll., on Burying by Fire,
2nd Government Order No. 194 / 1923 Coll., on Burying by Fire,
3. provision § 14 of Act No. 268 / 1949 Coll., on Matrices,
4. Paragraph 59 to 61 of Decree 1225 / 1949 of the Ministry of the Interior of the Ministry of the Interior of the Czech Republic, which lays down more detailed rules on the Matrix Act.
(2) Without prejudice to the mandatory reporting of termination of pregnancy, death of childbirth and death of mothers.
This Regulation shall enter into force on the day of its publication.
Broad v. r.
Plojhar v. r.
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Regulation Information
| Citation | Regulation No. 8 / 1955 Coll., on funeral home |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1955 |
|---|---|
| Effective from | 05.03.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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