Does the autopsy require the consent of the family?

It depends. In criminal proceedings, autopsy does not require the consent of family members. As long as the public security organs think that the cause of death is unknown, they have the right to decide 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 regulation is that the inspection 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. If the cause of death is unknown, the possibility of murder by a relative cannot be 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.

If both parties 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. General autopsy should be approved and signed by the close relatives of the deceased, and do a good job in ideological work. Family members may request in writing that the organs of the deceased be preserved. 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.

Autopsy is a method to diagnose diseases by examining the pathological changes of corpses with the knowledge of pathological anatomy. Autopsy, that is, autopsy, refers to a medical means of dissecting a corpse to find out the cause of death. Autopsy plays a unique and irreplaceable role in solving medical malpractice disputes with unknown or controversial causes of death.

How to conduct an autopsy:

1, must comply with the relevant provisions of the state to accept autopsy;

2. The scope of autopsy includes ① general pathological autopsy; (2) Autopsy involving disputes between doctors and patients (implemented by an autopsy institution designated by the health administrative department).

3. The autopsy department should be ① the hospital pathology department with independent autopsy ability; ② Department of Pathology, Medical College; A pathological diagnosis center registered by the medical and administrative department.

4, presided over the autopsy (main inspection) personnel should undergo autopsy training, pathologists or pathologists with intermediate titles or above, and invite forensic doctors to participate in the autopsy when necessary.

5. The client or the close relatives or guardians of the deceased shall be notified to witness.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 112 A people's court, a people's procuratorate or a public security organ shall, within the scope of their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.

Article 128 Investigators shall conduct an inquest or inspection of 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.

Article 131 A 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.