PROBLEMS OF OFFICIAL’S PERFORMING DUTIES OF AUTOPSY IN CRIMINAL CASE

Abstract

The purposes of this research were 1) to study the problem of enforcement of the Criminal Procedure Code regarding autopsy and 2) to compare and propose solutions to an autopsy on criminal cases in Thailand and other countries. It was qualitative research: forensic physicians, inquiry officials, prosecutors, and administrative officials; these four people were selected on the purposive method. Research tools were In-depth interviews, Document analysis, and in-depth interviews. The study's results revealed 1) the problem of enforcement of the Criminal Procedure Code relating to the autopsy. Investigators use their discretion to determine the cause of death that is too wide. Unnatural deaths may be excluded from the autopsy process early. Require other physicians who are not forensic physicians to attend the autopsy. The right to notify the deceased's relatives about the cause of death but has no right to participate in the autopsy. The personnel on duty need to gain knowledge, expertise, and experience due to the shortage of forensic physicians. There is no primary responsible body for the autopsy. An unrelated person entered the crime scene. 2) Compare and propose solutions. The Ministry of Public Health should restructure the autopsy system as the central responsible organization. They should have added another unnatural death event from what the law requires. Organize a team of assistant medical personnel. Determine the reason for the forensic physician to go to the place where the body was found. Only the persons involved in performing their duties are allowed, and unrelated persons are prohibited from entering the area where the body was found. The relatives of the deceased have the right to attend the autopsy, and there should be knowledge training for the personnel on duty. And determine the experience in performing tasks at least not less than five years