Is Family Consent Required for Mandatory Autopsy of the Deceased?

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

- The autopsy examination is conducted by a forensic examiner under the supervision of an Investigator and must have witnesses.

Before conducting the autopsy examination, the Investigator must inform the Procuracy at the same level about the time and location of the autopsy examination to appoint a Procurator to supervise the process. The Procurator must be present to supervise the autopsy examination.

- A criminal technical examiner may be invited to participate in the autopsy examination to detect and collect traces serving the assessment.

- During the autopsy examination, it is required to photograph, describe the traces on the body; photograph, collect, and preserve samples for assessment purposes; clearly record the results of the examination in the report. The autopsy examination report is prepared in accordance with Article 178 of this Code.

- In cases where it is necessary to exhume the body, there must be a decision from the Investigating Body and notification to the relatives of the deceased before proceeding. If the deceased has no relatives or their relatives cannot be identified, notification must be given to the representative of the commune, ward, or commune-level town where the body is buried.

=> Thus, according to the aforementioned regulations, there is no requirement that an autopsy examination must have the consent of the victim's family. It only stipulates the authority, responsibility, obligations, and procedures of the procedural bodies when conducting an autopsy examination.

Sincerely.