Corpse
Corpse
In Austria, according to prevailing opinion, a deceased body is to be qualified neither as a thing nor as a person. Instead, the body is regarded as a “continued personality” as long as it is clearly identifiable as the body of a specific deceased person. Thus, the personal rights of the deceased extend beyond their death.
This special legal classification makes it clear that the corpse is no longer considered a living person, but still has a respectful and protected status.
The Austrian legislator has not made any regulation on how the corpse should be legally classified.
Autopsy
An autopsy (also known as a post-mortem examination) is the medical examination of a deceased person to determine the cause of death. It can be performed for various reasons:
- Clinical autopsy: performed with the consent of relatives, usually to clarify medical questions or for quality assurance in the hospital.
- Forensic autopsy: ordered by authorities (public prosecutor’s office or court) if an unnatural death or third-party culpability is suspected.
Autopsies may only be performed by specially trained specialists in pathology or forensic medicine. Respectful handling of the deceased body must be ensured.
Organ Transplantation
The organ transplantation from deceased persons is regulated in Austria by the Organ Transplantation Act.
According to the Organ Transplantation Act, it is permissible to remove individual organs from deceased persons in order to save another person’s life or restore their health through transplantation.
Authorization for Organ Transplantation
Organ removal may only be performed in non-profit hospitals that also meet further essential requirements for charitable status.
Furthermore, before organ removal, a physician authorized to practice independently must determine the onset of death. This physician must be independent. Therefore, they may neither perform the removal nor the transplantation. Furthermore, this physician may not be involved in or affected by the procedures necessary for transplantation in any way.
The assessment and selection of organs must be carried out in accordance with the state of medical science. Organ removal must not result in any disfigurement of the corpse that violates piety.
Objection to Organ Transplantation
Organ removal is impermissible if the physicians have an objection from the deceased or their legal representative who has expressly refused organ donation before death.
The refusal of organ transplantation can also be made by entry in the Objection Register. For this purpose, the form Organ Donation – Objection/Amendment/Deletion must be completed and sent to the Objection Register. Hospitals and physicians are obliged to query the Objection Register before organ removal.
Body Donation
In Austria, a body donation is permissible according to the jurisprudence of the Supreme Court. Every person can freely dispose of their own body during their lifetime, both by will and by contract, as an expression of their general personal rights.
Therefore, it is legally permissible to bequeath one’s body to medical science. However, this right is highly personal. This means that the decision for a body donation must be made by the individual themselves during their lifetime. Other persons such as relatives, heirs, or adult representatives are not permitted to make this decision.
In Austria, one’s own body can be donated to the following medical universities:
- Medical University of Vienna
- Sigmund Freud Private University Vienna
- Medical University of Graz
- Medical University of Innsbruck
- Paracelsus Medical University
Documents Pertaining to Death
Death Certificate
A death must be reported to a physician without delay. Typically, the municipal doctor, acting as the death inspection physician, performs this task.
Before the Death Inspection
Until the death inspection is carried out, no alterations whatsoever may be made to the deceased. In particular, changes in position, washing, or re-dressing are prohibited.
Jurisdiction and Legal Basis
Responsibility for deaths generally lies with the municipalities. The legal regulations for this are laid down in the respective provincial laws, which can lead to different procedures and deadlines in the federal states. Detailed information can be obtained from your municipality or a funeral home.
Medical Treatment Certificate
To determine the cause of death, the death inspection physician requires a medical treatment certificate issued by the deceased’s attending physician. Should no attending physician be available, relatives may submit the necessary documents retrospectively.
Issuance of Documents
Upon completion of the death inspection, and once the deceased is released, the death inspection physician issues the following documents:
- Notification of Death (including the death certificate)
- Body Transit Document
If the cause of death cannot be clearly determined, the deceased will be transferred to forensic medicine or a hospital for further clarification. In this case, the “Notification of Death” form will be issued there.
Use of Documents
The “Notification of Death” form, including the death certificate contained therein, is required for reporting the death to the registry office and for carrying out the funeral. Additionally, the body transit document is required for transport by the funeral home.
Completion of the Death Inspection
After the release of the deceased, both you and the funeral home will be informed immediately so that the deceased can be collected.
Declaration of Death / Proof of Death
As a rule, death is proven by the post-mortem examination and the issuing of a medical certificate of death. However, these procedures require that the deceased person’s body is present.
If the deceased person’s body cannot be found, this may also be significant for third parties, such as heirs seeking to settle an estate, or spouses considering remarriage.
For this reason, the Declaration of Death Act (TEG) provides for both the possibility of a declaration of death and the proving of death under certain conditions.
death certificate
The death certificate is issued by the registry office after the death has been duly reported. It serves as official proof of death and is required, among other things, for estate settlement, pension claims, and insurance benefits. Its issuance is based on the “Notification of Death” and the death certificate.
