Article 131 of the Criminal Procedure Law, the public security organ has the right to decide to conduct an autopsy on a corpse whose cause of death is unknown, and notify the family members of the deceased to be present.
Therefore, according to this regulation, as long as the public security organs think that the cause of death is unknown, they have the right to decide to conduct an autopsy without the consent of their families. If the family members do not agree to the autopsy, the public security organ may still conduct the autopsy. The reason for this provision is: 1. The examination of the corpse must be carried out in time to prevent the traces on the corpse from disappearing due to the change and decay of the corpse. 2. If the cause of death is unknown, the possibility of murder by relatives is not ruled out.
The public security organ has the obligation to notify the family members to be present. Whether the family members are present or not is the right of the family members. Whether the family members are present or not does not affect the autopsy.
Extended data:
Case:
Liang, a doctor of Peking University Shenzhen Hospital who was killed in Dameisha waters, will conduct an autopsy on June 20th, 65438. Previously, the family had requested an autopsy and was rejected by the maritime public security. On June 5438+09, Shenzhen Maritime Safety Administration issued a message, allowing the families of the deceased and their lawyers to witness. The autopsy was entrusted by the maritime public security to the third-party forensic identification center of Sun Yat-sen University.
65438+ 10/9, Shenzhen Maritime Safety Administration announced the news that swimmer Liang was killed in Dameisha waters again. According to reports, on the morning of 19, the maritime public security once again served the autopsy notice to the families of the victims, and the family members signed the autopsy notice to confirm. The forensic identification center of Sun Yat-sen University, a third party entrusted by maritime public security, conducted a forensic identification (autopsy) today.
According to Article 131 of the Criminal Procedure Law, "the public security organ has the right to decide to conduct an autopsy on a corpse with unknown cause of death and notify the family members of the deceased to be present".
Article 213 of the Provisions on the Procedures of Public Security Organs for Handling Criminal Cases stipulates that "in order to determine the cause of death, with the approval of the person in charge of the public security organ at or above the county level, the corpse may be dissected, and the family of the deceased shall be notified to be present, and the family of the deceased shall sign the notice of autopsy. If the family of the deceased refuses to be present or refuses to sign without justifiable reasons, the investigator shall indicate it on the notice of autopsy. "
Maritime public safety decision:
1. Hire personnel with the qualification of judicial appraiser from the Judicial Appraisal Center of Sun Yat-sen University, which was selected by the Central Political and Legal Committee as one of the top ten judicial appraisal institutions in China on 20 10, to conduct autopsy;
2. Audio and video recording of the whole process of autopsy; 3. Allow the family members of the deceased and their lawyers to testify; Fourth, invite a third party who has professional knowledge in the field of judicial expertise and has nothing to do with the case to witness.
In addition, because the request of the family of the deceased that "the deceased unit send representatives to witness the corpse inspection all the time" has no relevant legal basis, it does not conform to the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs", and the maritime public security department does not agree.
People's Daily Online-Doctor Dong Yong of Peking University Hospital passed away. Continued: Maritime Public Security agreed to the presence of autopsy family members.