A Reflection on the Forced Urinary Catheterization of Arrested Defendants
In practice, a urinalysis is a common method for judging if a suspect or an accused has used drugs. The most controversial issue is, according to Article 205-2 of Code of Criminal Procedure, whether a judicial policeman is allowed to send a suspect or an accused to hospitals at the time of they are arrested and force them to be catheterized for a urine examination. A forced urinary catheterization is a kind of invasive physical examination. In Germany, an intrusive physical examination can only be legally applied to a suspect or an accused when there is initial suspicion of them, in accordance with the rule of warrant requirement and with consideration of whether it will cause harm to their physical health. This article refers to German laws to reflect on our own current legal system as well as giving some suggestions.