Are Autopsies Required for All Murder Cases?

Question: According to the regulations, must all murder cases undergo an autopsy?

According to Article 202 of the 2015 Criminal Procedure Code, the regulation on autopsy examination is as follows:

- The autopsy examination is conducted by a forensic examiner under the supervision of an investigator and must have a witness present.

Before conducting the autopsy examination, the investigator must notify the same-level Procuracy of the time and location of the examination to appoint a Procurator to supervise the autopsy process. The Procurator must be present to supervise the autopsy examination.

- A forensic technical examiner may be invited to participate in the autopsy examination to detect and collect evidence for forensic analysis.

- During the autopsy examination, photographs must be taken, and traces found on the corpse must be described; photographs must be taken, and samples collected and preserved to serve the purpose of requesting an assessment; the results of the examination must be clearly recorded in the minutes. The minutes of the autopsy examination are prepared according to the provisions of Article 178 of this Code.

- In cases where it is necessary to exhume the corpse, a decision from the Investigative Agency is required, and the deceased's relatives must be informed before proceeding. If the deceased has no relatives or the relatives cannot be identified, the local government representative of the commune, ward, or commune-level town where the corpse is buried must be informed.

=> Therefore, according to the above regulations, the law does not clearly stipulate which specific cases must undergo an autopsy examination. Thus, the assertion that all murder cases require an autopsy examination is unfounded.

Respectfully.

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