<- Home <- Arhive <- Vol. 28, Issue 2, June 2020



Rom J Leg Med28(2)143-148(2020)
DOI:10.4323/rjlm.2020.143
© Romanian Society of Legal Medicine


MEDICAL EXAMINATION OF THE BODY BEFORE INCINERATION: COMPARED LEGISLATION

S. P. Simion, H. Jung


Abstract: In some European countries, cremation is the preferred funeral method, being chosen by the majority of the population (UK, Czech Republic, Switzerland). In Romania, the certificate of burial or incineration of the corpse is issued by the civil status officer, after the death certificate has been released. Unidentified persons cannot be cremated. There are no special provisions for the incineration authorization. There are countries where a second medical examination of the deceased person (which has not been autopsied) is mandatory for incineration. The external examination of the corpse and the re-verification of the medical documentation that was the basis for establishing the cause of death are the essential tools for ensuring a legal certainty regarding a non-violent death. In the UK, Germany, Switzerland, Cyprus this second examination, by a forensic doctor or a health inspector, is required to obtain the incineration permit. Special legal provisions appear in the case of persons carrying pacemakers. These, if left in the body of the deceased could cause explosions during incineration, thus creating a risk of incineration. In France, Luxembourg, UK, Cyprus there is a need for a doctor to confirm removal of the pacemaker prior to incineration. We consider it necessary to supplement the Romanian legislation with provisions regarding the medical authorization of the incineration by re-examining the death documentation and/ or an external examination of the corpse, which will also include the problem of removing the medical equipment incompatible with the incineration from the body of the deceased.
Keywords: incineration, external examination, legislation



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