Is it allowed to excavate graves for autopsy in Vietnam?

Is it allowed to excavate graves for autopsy in Vietnam?

In Article 202 of the Criminal Procedure Code 2015, there are provisions on autopsy as follows:

1. Forensic post-mortem expert witnesses shall conduct an autopsy under the management of investigators. An autopsy shall require witnesses.

Investigators, before examining corpses, shall inform the equivalent Procuracy of the time and location of the autopsy to have procurators assigned to administer such examination. Procurators must be present to administer an autopsy.

2. Forensic autopsy technicians may be summoned to participate in a post-mortem examination to expose and collect traces for expert examination.

3. An autopsy requires the taking of photographs and description of traces across the body. Photographs and samples shall be taken and preserved for expert examination. Results of the post-mortem examination shall be specified in writing. The written record of autopsy is made according to Article 178 of this Law.

4. Investigation authorities, if requiring burial excavation, shall issue a decision and have the deceased person’s family members informed in advance. If family members of the deceased do not exist or are unidentified, representatives of local authorities at the commune, ward or town where the body is buried shall be informed.

Pursuant to current regulations in Vietnam, the law allows to excavate graves for autopsy. However, it is necessary to have the decision of the Investigation Agency and notify the next of kin of the deceased before proceeding.

Is it mandatory to be present of Procurators when conducting autopsy in Vietnam?

Article 42 of the 2015 Criminal Procedure Code provides for duties, authority and responsibilities of Procurators as follows:

1. Procurators, when assigned to exercise rights of prosecution and manage legal compliance in criminal proceedings, have the following duties and authority:

a) Administer competent entities' handling of criminal information;

b) Directly manage and prepare documents on criminal information;

c) Administer the processing of criminal information and charges, implement preventive and coercive measures; administer the competent investigation entities’ documentation of criminal information and lawsuits; manage activities of prosecution and investigation done by investigation authorities and units assigned to investigate;

d) Directly administer scene investigation, autopsy, confrontation, identification, voice recognition, experimental investigation and search;

dd) Administer the temporary suspension and resumption of the processing of criminal information; suspension, adjournment, resumption and closure of investigations;

e) Propose requirements for investigation and request investigation authorities to issue or terminate wanted notices against suspects;

g) Summon and interrogate suspects, convene denouncers, informants, persons denounced or facing requisitions for charges, juridical persons’ legal representatives, witness testifiers, litigants for statements; extract statements from persons held in emergency custody;

h) Make decisions on the coercive delivery of arrestees, suspects; and on the forced escort of witness testifiers, persons denounced or facing requisitions for charges, crime victims; on the entrustment of persons under 18 to authorities and entities in charge of supervision; on the replacement of supervisors of perpetrators under 18;

i) Directly perform certain activities of investigation as per this Law;

k) Request the replacement of persons authorized to institute legal proceedings; request and propose the appointment or replacement of defense counsels; request the appointment and replacement of translators and interpreters;

l) Institute legal proceedings in court; announce charges or decisions on prosecution through summary procedures, and other decisions by The procuracy on pressing charges against suspects; conduct interrogation, present evidences, documents, items, impeachment, arguments and viewpoints regarding the settlement of the cases   and conference sessions;

m) Administer legal compliance of the Court's adjudication and participants in legal proceedings; supervise the Court's judgments, rulings and other documents of legal procedure;

n) Supervise the enforcement of the Court’s judgments and rulings;

o) Exercise rights to express requests and proposition as per the laws;

p) Perform other duties and authority of prosecution within the powers of The procuracy as per the assignments by the head of The procuracy as per this Law.

2. Procurators shall be held liable under the laws and before the head and vice heads of The procuracy for their decisions and actions.

According to this Article, the law requires the presence of the procurator to perform the task of supervision when conducting autopsy in Vietnam.

What are regulations on composition and number of people performing the task when conducting the assessment for the case of autopsies, cadavers and exhumation in Vietnam?

Article 6 of Circular 49/2017/TT-BCA stipulates composition and number of people performing the task when conducting the assessment for the case of autopsies, cadavers and exhumation of corpses as follows:

1. Assign no more than 03 criminal technicians to perform the task when examining, dissecting and exhuming 01 corpse.

2. Investigators:

a) Assign 01 investigator to perform the task when examining, dissecting and exhuming 01 corpse for cases falling under the handling competence of district-level police.

b) The public part must not exceed 02 investigators performing the task when examining, burying and exhuming 01 corpse, for cases falling under the handling competence of the police of the higher province .

3. Inspector :

a) Assign 01 inspector to perform the task when examining, dissecting and exhuming 01 corpse for cases falling under the handling competence of district-level police.

b) Assign no more than 02 inspectors to perform the task when examining, dissecting and exhuming 01 corpse, for cases falling under the handling competence of provincial-level police offices or higher.

4. Judge : 01 person when necessary to participate in accordance with the procedural law.

Thus, composition and number of people performing the task when conducting the assessment for the case of autopsies, cadavers and exhumation will be carried out in accordance with the above provisions in Vietnam.

Best Regards!