I. Autopsy procedures in criminal cases
Human life is fragile, but some external and natural factors in life make our life even more precarious. Therefore, it is not uncommon to die in criminal cases. What is the autopsy procedure of criminal cases in law? 1, autopsy should be approved by family members first. 2, autopsy results, family members have the right to know. 3, the investigation stage, if you encounter difficulties, can be extended. 4. If the public security organ does not act, it can complain to the public security supervision department. Another thing to note is: 1 Autopsy should be carried out within 48 hours after the death of the patient, and it can be extended to 7 days if it meets the requirements of cryopreservation of the corpse. 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, it is difficult to make a professional judgment on whether the process conforms to the medical autopsy procedure, and the particularity of the autopsy site makes their feelings unbearable, it is suggested that family members can appoint doctors, friends or medical lawyers to observe the autopsy process. 3. Before the autopsy report comes out, the family members should ask the autopsy department in writing not to destroy the organ specimens of the deceased and pay attention to proper preservation. If you are not satisfied with the autopsy conclusion in the future, your family members can also apply for a review.
Second, does the public security organ have the right to dissect a corpse?
The public security organ has the right to dissect a corpse. The decision to dissect a corpse with unknown cause of death is a concrete manifestation of the public security organ's exercise of investigation power. If the cause of death is unknown at the time of autopsy, the public security organ may find out the cause of death by autopsy, examination of internal injuries, sampling and testing. When dissecting a corpse, the family members of the deceased shall be notified to be present.
3. How long does the autopsy of major medical accidents take?
According to Article 18 of the Regulations on Handling 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 patient's death; 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.
The relevant legal basis of this article.
Article 198 of the Criminal Procedure Law of the People's Procuratorate When dissecting a corpse with unknown cause of death, the people's procuratorate shall notify the family members of the deceased to be present and ask them to sign or seal the notice of autopsy. If the family of the deceased refuses to be present or refuses to sign or seal without justifiable reasons, it will not affect the autopsy, but it shall be indicated in the notice of autopsy. For unidentified bodies, if it is impossible to inform the families of the deceased, it shall be recorded in writing.
Article 52 The autopsy shall not be conducted in public. If an autopsy is necessary to determine the cause of death, the consent of the family members of the deceased shall be obtained. If the family members of the deceased do not agree to the autopsy, with the approval of the person in charge of the traffic management department of the public security organ at or above the county level or the public security organ at the next higher level, the body may be dissected, and the family members of the deceased shall be notified to be present, and the family members 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 traffic police shall indicate it on the notice of autopsy. If the unidentified body cannot be notified to the family of the deceased, it shall be recorded.