Is it compulsory to inform the deceased's family when conducting an autospy on a body that has already been buried in Vietnam?

Is it compulsory to inform the deceased's family when conducting an autospy on a body that has already been buried in Vietnam?

Pursuant to Article 202 of the Criminal Procedure Code in 2015 stipulating 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.

As regulations above, if requiring burial excavation for autopsy, it is compulsory to have the deceased person’s family members informed in advance.

Is it compulsory to inform the deceased's family when conducting an autospy on a body that has already been buried in Vietnam? - Image from Internet

Does the procurator have the authority to supervise the activities of autospy in Vietnam?

Pursuant to Clause 1 Article 42 of the Criminal Procedure Code in 2015 stipulating 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;

As regulations above, the procurator has the authority to supervise the activities of autospy in Vietnam.

Best regards!