1. Autopsy procedures in criminal cases
1. The autopsy must first obtain the consent of the family.
2. Family members have the right to know the autopsy results.
3. The investigation phase can be extended if difficulties are encountered.
4. If the public security organs do not act, you can complain to the public security supervision department.
It should also be noted that:
1. The autopsy should be performed within 48 hours after the patient's death. If the corpse meets the conditions for cryopreservation, it can be extended to 7 days.
2. In order to ensure the fairness of the autopsy process, family members can be present. However, considering that family members are often not medical professionals and it is difficult to make professional judgments on whether the process complies with medical autopsy procedures, and the particularity of the autopsy scene makes the family emotionally unbearable, it is recommended that family members designate a doctor, friend or medical lawyer to observe the autopsy process.
3. Before the autopsy report is released, the family members should request the autopsy department in writing not to destroy the organ specimens of the deceased and to preserve them properly. If they are not satisfied with the autopsy conclusion in the future, the family can also apply for a review.
Legal basis:
Article 18 of the "Regulations on Handling Medical Accidents"
When a patient dies and neither the doctor nor the patient can determine the cause of death or have objections to the cause of death , the autopsy should be performed within 48 hours after the patient's death; if the conditions for cryopreservation of the body are met, it can be extended to 7 days. An autopsy must be approved and signed by the deceased's close relatives.
Autopsies should be conducted by pathological anatomy institutions and professional technicians who have obtained corresponding qualifications in accordance with relevant national regulations. Institutions and pathological anatomy professional technicians undertaking autopsy tasks are obliged to conduct autopsies.
Both parties in a medical malpractice dispute can invite a forensic doctor to participate in the autopsy, or they can designate a representative to observe the autopsy process. If the refusal or delay of the autopsy exceeds the prescribed time and affects the determination of the cause of death, the party who refused or delayed shall bear the responsibility.
Second, when a patient dies, who applies for an autopsy?
If there is any objection to the cause of death, the objecting party shall apply for an autopsy. However, when the cause of death cannot be determined, there is no provision on which party should apply. According to the requirements of the inversion of the burden of proof in the civil evidence rules, the hospital should apply for an autopsy, and the patient's family cannot refuse, otherwise they will bear the legal responsibility of being unable to provide evidence.
3. What kind of identification can be applied for at the same time as the autopsy?
In some cases where nurses are suspected of making medication errors, blood samples from the deceased must be taken, and toxicological identification must be conducted at the same time to conduct spectral waveform analysis to determine whether the drug ingredients specified by the doctor are present in the body of the deceased.
4. Whether family members can be present during the autopsy.
In order to ensure the fairness of the autopsy process, family members can be present. However, considering that family members are often not medical professionals and it is difficult to make a professional judgment on whether the process complies with medical autopsy procedures, and the special nature of the autopsy scene makes it emotionally unbearable for family members, it is recommended that family members can designate a doctor, friend or medical lawyer to observe the autopsy process. .
5. What should the family members pay attention to after the autopsy:
Before the autopsy report is released, the family members should request the autopsy department in writing not to destroy the organ specimens of the deceased and to preserve them properly. If they are not satisfied with the autopsy conclusion in the future, the family can also apply for a review.
1. The autopsy must first obtain the consent of the family.
2. Family members have the right to know the autopsy results.
3. The investigation phase can be extended if difficulties are encountered.
4. If the public security organs do not act, you can complain to the public security supervision department.
Legal provisions on the cost of autopsy of the deceased in criminal cases
The public security organs are responsible for the first identification in criminal cases, and no one is required to pay; if there is any objection to the identification opinion, the party applying for re-identification Appraisal fees must be paid. If the appraisal conclusion is consistent with the first time, the fee will not be refunded. If the appraisal opinion is inconsistent with the first time, the public security organ shall pay the fee and refund it to the original applicant.
The autopsy procedure in criminal cases is the above. Family members can be present during the autopsy because they should be respected. If the family members cannot bear it, they can entrust relevant doctors and other personnel to come to the scene for supervision. If they disagree with the autopsy results, they can complain to local regulatory authorities.