Verification of Persons in Criminal Cases: Study of the Accused Blood Test in Sex Offenses

Abstract

The Code of Criminal Procedure Section 131 authorizes the inquiry official to collect all kinds of evidence in order to know facts and circumstances related to the alleged offense, and section 131/1 states that the responsible inquirer shall be invested with the power to order a physician or expert to test the accused blood to prove the facts of the case as regards an offense maximum imprisonment for a term exceeding three years. In this respect, the consent of the accused must be obtained. While foreign law requires officials to obtained blood tests from offenders if it is necessary, for example, the United States Court has been ruling the principle that if necessary, the state can obtain blood tests from the accused. By considering the principles for the benefit of the state, public order is above the benefit of personal interest. According to the mentioned law above, the responsible inquirer will be able to test the blood only if a person is in accused status. This caused the problems when the person is not yet accused, the status of the offender, especially in a rape case. Even though the offender does not fall as an accused, the doctor may want to test the offender’s blood to detect HIV to consider the need to provide anti-HIV drugs for the victims in time.