• Archiv für Kriminologie · Jan 2009

    [External and internal post mortem examination according to the german code of criminal procedure (StPO)--review of section 87 StPO with special emphasis on the forensic autopsy].

    • Markus Parzeller, Reinhard Dettmeyer, and Hansjürgen Bratzke.
    • Zentrum der Rechtsmedizin, Klinikum der Universität Frankfurt.
    • Arch Kriminol. 2009 Jan 1; 223 (1-2): 1-23.

    AbstractSection 87 subs. 2 of the German Code of Criminal Procedure stipulates that a forensic or court-ordered autopsy shall be performed by two physicians. One of them must be a "forensic medical officer" (in German "Gerichtsarzt") or the head of a public forensic or pathology institute or a physician of such an institute entrusted with this task and having specialist knowledge of forensic medicine. Recently, it has been suggested to amend Section 87 subs. 2 StPO to the effect that self-employed specialists in forensic medicine can also be entrusted with court-ordered autopsies. The authors object to such privatization of forensic autopsies for legal and factual reasons and recommend to keep the present regulation according to which one of the physicians conducting the autopsy is not only required to have the necessary professional qualification, but must also hold a public position as defined in the law.

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