Can the autopsy report be given to the victim’s family?

The original autopsy report will not be given to the victim's family, nor can it be given to the victim's family, because the autopsy report is a legal document for the public security organs to handle the case, so it will not be given to the victim's family. If the victim's family can learn the result of the report from the public security organ, they can apply to the court to obtain evidence during the lawsuit.

Legal analysis

According to the relevant provisions of my country’s Criminal Procedure Law. It is necessary to notify family members to the scene during the autopsy. If family members cannot arrive at the scene, they can entrust a lawyer to participate in the autopsy. For the autopsy report, it is not only a report to find out the cause of death of the deceased, but also an important material for solving criminal cases. For the needs of criminal case investigation, generally speaking, the results of the autopsy report cannot be handed over to the relatives of the victim unless homicide is ruled out. This will hinder the criminal judicial investigation and disrupt the police investigation activities. Autopsy is an inquest and examination procedure in investigation and a technical inquest and examination method to determine the nature of the case and the cause of death. The autopsy report is one of the evidence that the investigation agency (case handling agency) must collect, and there is no requirement that it must be handed over to the family members or relatives of the inquest examiner. Generally, families will be informed of the results of investigations and examinations. When necessary, family members can apply to the case-handling agency for review, or photocopying with permission. Therefore, it is generally not given directly to the victim’s family.

Personal recommendation

Attached is the "Procedure Regulations for Public Security Organs in Handling Criminal Cases" for your reference.

Legal Basis

Procedures for Public Security Organs to Handle Criminal Cases

Article 213: In order to determine the cause of death, the person in charge of the public security organ at or above the county level shall With approval, the body can be dissected, and the family of the deceased will be notified to sign the autopsy notice.

If the family members of the deceased refuse to be present or sign without justifiable reasons, the investigators shall indicate this on the autopsy notice. If it is impossible to notify the family of the deceased, this should be noted in the record.

Article 214: If the cause of death has been ascertained and the necessary body has not been preserved, the family members shall be notified to collect it for disposal. If the family members refuse to take it back after notification, it can be dealt with in a timely manner with the approval of the person in charge of the public security organ at or above the county level.