2. The question doesn't explain the case, so it is suggested that the relevant personnel consult the local lawyer in detail with relevant information. Relevant laws and regulations: Article 126 of the Criminal Procedure Law, investigators shall conduct an inquest or inspection on places, articles, persons and corpses related to crimes. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
Is it necessary to submit an autopsy report in the civil lawsuit of accidental death of employment relationship in rural areas? Cann't you file a lawsuit without an autopsy report?
If an employee dies unexpectedly, he shall file a civil lawsuit through litigation, requesting the people's court to claim compensation from the employer according to the actual situation and relevant laws and regulations. Autopsy report can be provided as evidence in litigation, but it is not mandatory to provide autopsy report as a condition for bringing a civil lawsuit. Please verify and determine the specific situation according to the actual situation and relevant laws and regulations.
Relevant laws and regulations: People's Republic of China (PRC) Civil Procedure Law.
Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 21 A civil action brought against a citizen shall be under the jurisdiction of the people's court where the defendant has his domicile. If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Does the family of the deceased need to hire a lawyer to represent him before the public security organ has reached a conclusion on suicide or homicide?
There is no need to hire a lawyer to represent you at present. Of course, if your conditions permit, you just want to find a lawyer to help you do these things, or you can hire a lawyer. The lawyer's fee needs to be negotiated with the lawyer in person, and the lawyer will determine the lawyer's fee according to the agency matters. In addition, it is really impossible to draw a conclusion before the autopsy report comes out.
Can you determine the cause of death without autopsy?
Of course. Autopsy is only a way to find out the cause of death, not a necessary way. Because of strong medical professionalism, it is suggested to copy and seal medical records, copy objective medical records, seal subjective medical records, and find a professional lawyer to analyze faults. If you can't find the problem, the expert won't point it out to you.
Article 18 of the Regulations on the Handling of Medical Accidents, if a patient dies and both doctors and patients cannot determine the cause of death or disagree with it, an autopsy shall be conducted within 48 hours after the death of the patient; It can be extended to 7 days if it meets the requirements for cryopreservation of corpses. Autopsy shall be approved and signed by the close relatives of the deceased. Autopsy should be carried out by pathological anatomy institutions and professional and technical personnel who have obtained corresponding qualifications in accordance with relevant state regulations. Institutions undertaking autopsy tasks and professional technicians of pathological anatomy have the obligation to conduct autopsy. Both parties to the medical malpractice dispute may invite forensic doctors to participate in the autopsy, or designate representatives to observe the autopsy process. If the autopsy is refused or delayed for more than the specified time, which affects the determination of the cause of death, the party who refuses or delays shall bear the responsibility.
I am in a hurry. Can't you go to court without the autopsy report?
He died immediately after being hit, the cause of death was clear, and an autopsy was not needed.
It was preserved for 20 days. The cause of death is also open to question. This lawsuit requires an autopsy to know the cause of death, as long as the hospital stipulates that the cause of death is a car accident and the rescue is ineffective, and there are no other causes (such as heart disease leading to death).
Litigation can allow the traffic police team to issue relevant certificates of car accidents.