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Description of the
For the repatriation of corpses in Bavaria, §§ 8 ff. Burial Ordinance (BestV) must be observed.
Prerequisites
The transport of the deceased (repatriation) is only permitted if the doctor has issued a death certificate, there are no health risks to be feared and there are no reasons of criminal justice to the contrary. The transfer to the place of burial or crematorium within the municipality or administrative community of the place of death must be carried out in such a way that the dignity of the deceased and the moral sensibilities of the general public are not violated.
For transfers within Bavaria, the death certificate must be carried in all cases. If a non-natural death is suspected, a burial authorisation from the public prosecutor's office is also required.
The deceased may only be transported by road in hearses, i.e. vehicles whose superstructures are designed for transporting the deceased and which are used exclusively for this purpose. The competent authority may authorise exceptions, provided that dignified transport is ensured and there is no risk to health. The use of vehicles used for the commercial transport of passengers, foodstuffs or animals is not permitted.
The transfer within the Federal Republic of Germany does not require any special authorisation.
When the body is transported abroad, a corpse passport must be carried instead of the death certificate if the country to which the body is to be transported or a country touched during the journey requires a corpse passport. The corpse passport is issued by the municipality in whose territory the transport begins (see "Corpse passport; application for issue" under "Related topics"). When transporting a body abroad, the legal provisions of the country of destination and the countries of transit must also be observed.
When transporting the body from abroad to Germany, the carrier must carry a corpse passport or a comparable document issued in accordance with the applicable regulations of the country of origin. If neither a corpse passport nor a comparable document is available, a certificate issued by the municipality in whose jurisdiction the transport begins in Bavaria confirming the permissibility of onward transport to the burial site must be carried.
Legal basis
Legal remedy
Administrative court action