Post-mortem examination and autopsy pursuant to Section 128 StPO serve the criminal investigation of deaths when a natural death has not been established beyond doubt. In such cases, an external examination of the body by a physician is first carried out to obtain initial indications of the cause of death. This regularly takes place at the location where the body was found and forms the basis for further legal assessment.

If doubts arise or if criminal third-party fault cannot be ruled out, the Public Prosecutor’s Office takes action. It decides on the performance of an autopsy as an in-depth forensic medical examination, which enables precise clarification of the cause of death, time of death, and possible external influences. The procedure is carried out by specialized institutions or qualified experts in the field of forensic medicine.

Post-mortem Examination and Autopsy in Criminal Proceedings

The post-mortem examination constitutes the first stage of criminal proceedings regarding a death. It regularly takes place at the location where the body was found and focuses on the external examination of the corpse. The aim is to secure initial objective evidence and create a sound basis for deciding on further action.

The autopsy goes significantly further. It represents a comprehensive forensic medical examination of the body and enables a precise determination of the cause of death, time of death, and possible external influences. Its results regularly carry considerable weight in the criminal law assessment.

• Post-mortem examination serves the initial assessment and securing of external findings
• Autopsy enables complete medico-forensic clarification
• Public Prosecutor’s Office manages the proceedings and decides on further measures

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Distinction Between Natural and Non-natural Death

The distinction between natural and non-natural death is the central starting point of any criminal law assessment. A natural death occurs when it is solely attributable to internal causes such as illness or old age. In these cases, there is no cause for criminal investigation.

A non-natural death, on the other hand, occurs when external influences come into consideration as the cause. This includes, in particular, acts of violence, accidents, or other circumstances where third-party fault appears possible. The mere possibility is sufficient to trigger criminal procedural measures.

In practice, borderline cases often arise. Therefore, criminal procedural law does not rely on certainty, but on an objective situation of doubt. As soon as a non-natural death cannot be ruled out with certainty, law enforcement must intervene.

The distinction is made in particular based on the following criteria:

• Medical findings such as injuries or unusual changes
• Discovery situation of the body and its surroundings
• History of the deceased person, such as known illnesses
• Indications of external influence, such as traces of a struggle

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Procedure of the Post-mortem Examination by the Criminal Police and the Physician

The post-mortem examination follows a clearly structured process that enables an initial legal and medical classification. As soon as a death under circumstances that are not clearly natural becomes known, the criminal police take action and call in a physician.

The examination generally takes place at the location where the body was found. The attending physician performs an external inspection of the body, looking for recognizable injuries, abnormalities, and other indications of the cause of death. Simultaneously, the criminal police secure the relevant circumstances at the scene.

The findings obtained are documented and reported to the Public Prosecutor’s Office. Based on the established circumstances, the latter decides on the further course of action, in particular whether an autopsy is necessary.

The procedure can be summarized as follows:

• Calling in a physician by the criminal police
• External examination of the body at the location where it was found
• Documentation of findings and securing of relevant evidence
• Report to the Public Prosecutor’s Office as a basis for decision-making

Requirements for Ordering an Autopsy

The threshold for an autopsy is deliberately low. It is sufficient that a non-natural death cannot be ruled out. A certain determination of a criminal event is not required. In this way, criminal procedural law ensures that relevant evidence is secured in good time and that no findings are lost.

The Public Prosecutor’s Office makes the decision based on the investigation results obtained so far. The findings from the post-mortem examination and the circumstances of the discovery of the deceased person are particularly decisive. Even slight doubts about the cause of death can be sufficient to order an autopsy.

The autopsy is therefore a consistent investigative tool in cases of unexplained death. It serves not only to clarify medical questions but also secures the objective basis for further criminal law assessment.

The requirements can be summarized as follows:

• Non-excludable non-natural death as the decisive connecting factor
• Doubts about the cause of death based on the findings to date
• Suspicious circumstances of discovery that may indicate external influence
• Investigative interest of the Public Prosecutor’s Office for comprehensive clarification of the facts

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Conducting the Autopsy and Competent Authorities

The focus is on a complete and comprehensible examination of the body. The autopsy is carried out according to standardized forensic medical methods and includes both external and internal examinations. The aim is to determine the cause of death as precisely as possible and to make the events surrounding the death reconstructible.

The Public Prosecutor’s Office commissions either a university unit for forensic medicine or a correspondingly qualified expert. The professional suitability and experience of the person performing the task are decisive. Responsibility always lies with a specifically designated person who carries out and documents the examination independently.

The results of the autopsy have significant evidentiary value. They flow directly into the criminal law assessment and can determine whether proceedings are initiated or discontinued.

Typically, the procedure includes:

• External examination and documentation of visible abnormalities
• Internal examination through analysis of organs and tissues
• Securing of samples for further investigations, such as toxicological analyses
• Creation of a structured autopsy report as evidence

Role of the Public Prosecutor’s Office in Post-mortem Examination and Autopsy

The Public Prosecutor’s Office assumes the central management of the entire procedure. It decides whether investigative measures are necessary and determines their scope. It thus plays a key role in the legal assessment of the death.

After the post-mortem examination, it receives a report on the established circumstances. On this basis, it examines whether there is an initial suspicion or whether further measures are necessary. In particular, it decides on ordering an autopsy and on the further course of the investigation proceedings.

It coordinates the interaction of all parties involved. This includes the criminal police, forensic medical experts, and, if necessary, other investigative bodies. The goal is an efficient and legally sound clarification of the facts.

Its tasks can be summarized as follows:

• Ordering the autopsy in case of an unclear cause of death
• Commissioning suitable experts or institutions
• Assessment of the findings with regard to criminal relevance
• Management of the investigation proceedings until final clarification

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Exhumation for the Subsequent Clarification of Causes of Death

Criminal investigation is still possible even after burial. If indications subsequently arise that point to a non-natural death, the Public Prosecutor’s Office can order an exhumation of the body. This measure represents a significant intervention but is permissible if it is necessary to clarify a possible criminal offense.

The exhumation serves exclusively the purpose of catching up on or supplementing an autopsy. It comes into consideration in particular if new evidence emerges, previous investigations were insufficient, or contradictions arise that cannot be clarified without a new examination.

The decision here also lies exclusively with the Public Prosecutor’s Office. It examines whether there is sufficient cause and whether the measure is proportionate. In doing so, a balance is always struck between the interest in criminal prosecution and the protection of the peace of the dead.

Typical use cases are:

• New indications of third-party fault after burial has already taken place
• Contradictions in previous expert opinions or examination results
• Evidence that has subsequently become known, requiring a reassessment
• Inadequate initial examination, which did not allow for reliable clarification

Rights of Relatives and Practical Implications

The measures of post-mortem examination and autopsy affect not only the criminal proceedings but also the relatives. For them, these often represent a significant emotional burden, especially when interventions such as an autopsy or exhumation take place.

Legally, however, the focus is not on the interests of the relatives, but on the clarification of a possible criminal event. This means that necessary measures can be carried out even against the will of the relatives, provided the legal requirements are met.

Nevertheless, certain rights to information and participation exist. In practice, relatives are informed about essential steps and can, under certain conditions, inspect results, especially if they are personally affected by the consequences or have a legal interest.

The practical relevance is shown primarily in the following points:

• Rights to information regarding essential procedural steps
• Possible inspection of expert reports, provided there is a legitimate interest
• No decision-making authority over the performance of criminal procedural measures
• Emotional and organizational implications, such as delays in burials

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Significance of the Results for Criminal Proceedings

The results of the post-mortem examination and, in particular, the autopsy have a decisive influence on the criminal proceedings. They provide objective and scientifically sound findings that often make the decisive difference in the legal assessment.

The established cause of death forms the basis for the further classification of the event. It can confirm that no criminal behavior occurred, or it can provide specific indications of a criminal offense and thus trigger further investigations.

Forensic medical findings possess high evidentiary value. They are regularly introduced into the proceedings as expert evidence and are of central importance to courts. Contradictions or ambiguities in this area can influence the entire course of the proceedings.

The significance for criminal proceedings is shown in particular in the following functions:

• Determination of the cause of death as the starting point for any legal assessment
• Classification of the event, such as accident, suicide, or third-party fault
• Securing of evidence for the investigation and main proceedings
• Basis for further investigations or for the discontinuation of the proceedings

Your Benefits with Legal Assistance

Legal representation creates clarity and protects your legal interests. Procedures surrounding post-mortem examination and autopsy are difficult for outsiders to understand and can have significant implications. A lawyer ensures that you understand the process and can classify it correctly from a legal perspective.

FAQ – Frequently Asked Questions

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