Question 4217 — death and death

Summary

Mr. Gilbert Collard draws the attention of the Keeper of the Seals, Minister of Justice, to the case of funeral services in the event of an autopsy. As part of police requisitions, bodies are removed by funeral companies awarded public contracts for the transport of bodies before burial concluded between the courts of appeal and these companies. These public contracts provide for the deposit of the bodies at the Forensic Institute in waiting for an autopsy. However, these same public contracts include the option of depositing the bodies in funeral chambers, a stay billable to the Ministry of Justice. Knowing that the IMLs aim to accommodate bodies placed in custody in order to guarantee their integrity before autopsy, is the deposit of these in funeral chambers which cannot guarantee this same integrity admissible before any autopsy? He will be recalled that article R. 2223-77 paragraphs 1st and 2nd of the CGCT provides for the admission of bodies to a funeral chamber upon request of the police or gendarmerie authorities when the death took place on the public highway or in a place open to the public. A doctor is appointed to first ensure the reality and cause of death. According to paragraph 3 of this same text, admission to the funeral home is authorized by the prosecutor of the Republic in the cases provided for in article 81 of the civil code and 74 of the code of civil procedure. These are cases of suspected violent death. For its part, paragraph 1 of article L. 2223-38 of the CGCT is worded as follows: "The purpose of the funeral chambers is to receive, before burial or cremation, the bodies of deceased persons." Thus, bodies resulting from deaths occurring on the public highway or in a place open to the public, after intervention of a doctor, can be admitted to the funeral home since no autopsy is required. Conversely, does the combination of these different articles allow us to deduce that funeral chambers cannot accommodate bodies before an autopsy takes place since the law targets reception before burial or cremation and not before autopsy? In this case, the bodies whose origin of death is suspicious cannot be there admitted at the request of the public prosecutor only after autopsy? He would like these various questions to find a clear answer.

Machine translation from French. The official text remains authoritative.

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