Thailand Criminal Procedure Code Sections 148-156
Chapter 2
Autopsies
Section 148 When it becomes clear or there is reasonable cause to suspect that any person has died unnaturally or died while in the custody of an official Let there be an autopsy. Except death by execution according to law
Unnatural death is:
(1) Commit suicide;
(2) Was killed by another person;
(3) Was attacked and killed by an animal;
(4) Death by accident;
(5) Death with no apparent cause;
Section 149 Wherever an unnatural death occurs, it is the duty of the husband, wife, relatives, friends, or guardians of the deceased who know about such death to handle it as follows:
(1) Keep the corpse at the place where it was found, as far as possible;
(2) Report the matter to the administrative official or police as soon as possible;
The duty mentioned in the preceding paragraph extends to others. The body was found in a place where there was no husband, wife, relatives, friends, or parents of the deceased.
Whoever neglects to perform duties as provided in this section must be punished with a fine not exceeding one thousand baht.
Section 150 In the case where an autopsy is required the investigator of the locality where the body is located must be with a forensic pathologist who has a certificate or a letter of approval from the Medical Council. Conduct an autopsy quickly. If the said forensic doctor is not available or unable to perform his or her duties, Let the doctors at government hospitals perform their duties. If a doctor at a government hospital is not available or unable to perform his duties, a doctor at the Provincial Public Health Office shall perform his duties. If the doctor at the Provincial Public Health Office does not have or is unable to perform his duties The private hospital doctor or medical practitioner who is registered as a volunteer doctor in accordance with the regulations of the Ministry of Public Health shall perform duties and in performing such duties to a doctor at a private hospital or a doctor who practices medicine Being an official under the Criminal Code, the said investigator and doctor are to immediately record the details of the autopsy and have the said doctor make a report attached to the record of the details of the autopsy within seven days from the date of notification of the matter. If necessary, the period may be extended no more than two times. Not more than thirty days at a time However, the reason and necessity for extending the period must be recorded every time in the autopsy report. Such report shall be considered as part of the autopsy report and in cases where death is not the result of a criminal act. The investigator shall send the autopsy report to the prosecutor upon the completion of the autopsy without delay and the prosecutor shall proceed further in accordance with Section 156.
It is the duty of the investigator to inform the person responsible for performing the autopsy and before the autopsy the investigating officer shall inform at least one husband, wife, parents, descendants, legal representatives, guardians, or relatives of the deceased as far as possible.
In the case where death occurs as a result of the action of an official who claims to be performing official duties or dies while under the control of an official who claims to be performing official duties. The public prosecutor and administrative official at the level of bailiff or equivalent or higher in the locality where the corpse is located shall perform the coroner’s examination together with the investigator and doctor under paragraph one and the provisions in paragraph two shall come into force.
When the autopsy has been performed according to paragraph three. The investigator shall notify the prosecutor to join the investigator in completing the autopsy report within thirty days from the date of notification. If necessary, the period may be extended not more than two times. No more than thirty days at a time, but the reason and necessity for extending the period must be recorded every time in the autopsy file.
Upon receiving the autopsy report the public prosecutor shall make a request to the Court of First Instance of the locality where the corpse is. In order for the court to inquire and make an order showing who the deceased was, where and when he died, and the cause and circumstances of death. If death is caused by an attacker, say who did the attack as far as you can tell. Within thirty days from the date of receipt of the report. If necessary, The period may be extended no more than two times. Not more than thirty days at a time. However, the reason and necessity for extending the period must be recorded every time in the autopsy report.
In performing the duties under paragraph one, paragraph three, paragraph four and paragraph five, the investigative officer shall follow the orders of the prosecutor.
In the investigation according to paragraph five the court shall post a notice announcing the date of the hearing at the court and the public prosecutor shall submit a petition to the court requesting the court to send a copy of the petition and notify at least one of the husbands, wife, parents, descendants, legal representatives, guardians, or relatives of the deceased, respectively, at least one person, as far as possible, before the scheduled date of inquiry more than fifteen days and have the prosecutor bring all evidence showing the death to investigate.
When the court has announced the date for the hearing and before the investigation is completed, the husband, wife, parents, descendants, legal representatives, guardians, or relatives of the deceased have the right to submit a request to the court to come and question witnesses brought by the prosecutor and to examine other evidence. For this purpose, the husband, wife, parents, descendants, legal representatives the guardian or relative of the deceased has the right to appoint a lawyer to act on their behalf. If there is no lawyer appointed by the said person to enter the case, the court shall appoint a lawyer to act as the lawyer for the deceased’s relatives.
When the court deems it appropriate in the interests of justice the court may call witnesses who have already been examined to examine further or call other evidence to examine and the court may request qualified persons or experts to give opinions in support of the inquiry and make orders, but this does not prejudice the right of the evidence examiner under paragraph eight to request that other qualified persons or experts be called to provide contradictory or additional opinions. Opinions of such experts or experts.
The court’s order under this section shall be final. But this does not affect the right to sue and court consideration and adjudication if the public prosecutor or other person has filed a lawsuit or will file a lawsuit regarding the death.
When the court has ordered the court investigation report shall be sent to the prosecutor to send to the investigating officer for further action.
Doctor according to paragraph one the official who performed the autopsy and qualified persons or experts requested by the court to give opinions in accordance with this section are entitled to receive compensation or sick pay Transportation costs and accommodation rental fees According to the regulations set by the Ministry of Justice with the approval of the Ministry of Finance, lawyers appointed by the court under this section Have the right to receive the same award and expenses as lawyers appointed by the court under Section 173.
Section 150 bis Whoever does anything to the corpse or the environment in the area where the corpse was found before the autopsy has been completed in a way that is likely to change the autopsy or the outcome of the case Unless it is necessary to do so to prevent danger to public health or for other public benefits. Must be punished with imprisonment from six months to two years or a fine from ten thousand baht to forty thousand baht or both.
If the offense under paragraph one is committed dishonestly or in order to conceal the case the offender must be punished twice as much as the penalty prescribed for that offence.
Section 151 When it is necessary to find the cause of death the officer who performs the autopsy has the power to order the corpse to be dissected and what elements are separated or the whole corpse or part of it can be sent to a doctor or government element separator.
Section 152 Doctors or government elemental employees must do the following:
(1) Make a report on the condition of the corpse or parts of the corpse as seen or as shown from examination, including opinions on that matter;
(2) State the cause of death as far as possible;
(3) Date and sign the report. Then arrange to send it to the official who will perform the autopsy;
Section 153 If the body is already buried have the coroner arrange for the body to be exhumed for examination. Unless it is considered unnecessary or dangerous to public health
Section 154 The coroner shall make a written opinion showing the cause and circumstances of death, who the deceased was, where he died, and when, if he died by an attacker. State who or who you suspect is the perpetrator as far as you can tell.
Section 155 The provisions of this Code regarding investigations shall apply mutatis mutandis to autopsies.
The provisions of section 172 ter shall apply mutatis mutandis to court investigations under section 150 in cases where the witness is a child not exceeding eighteen years of age.
Section 155/1 Investigation in cases where death occurred as a result of the actions of officials claiming to be performing their official duties or died while in the custody of officials claiming to be performing their official duties or in the case where the deceased is accused of fighting and obstructing officials who claim to be performing their duties. The investigator shall notify the prosecutor to join the investigator in preparing the investigation report.
Completing the investigation report according to paragraph one the investigating officer is responsible and the prosecutor may give advice. Examine evidence, ask questions or order questions of persons involved from the beginning of the investigation from the first possible opportunity, in accordance with the criteria and procedures prescribed in the Ministerial Regulations.
In cases of urgent necessity and reasonable cause, the prosecutor cannot wait to participate in the investigation. However, the reasons for not being able to wait for the prosecutor must be recorded in the file and it is considered a lawful investigation.
Section 156 The autopsy report in cases where death was not the result of a criminal offense shall be sent to the provincial governor.
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