Cremation, additional post-mortem examination

Prerequisites

There is a testamentary order of the deceased for cremation or an order from the responsible relative.

Documents required

Testamentary order of the deceased for cremation or a corresponding disposition by the responsible relative

Please note

Cremation is permissible if, on the basis of an additional post-mortem examination, it has been confirmed that there are no indications of an unnatural death, or if, in the cases under Section 159 (1) of the Code of Criminal Procedure, the public prosecutor has given written approval for the burial.

The health department of the cremation site will arrange a second examination of the corpse by a specialist in forensic medicine. The second post-mortem examination can also be carried out by a specialist in pathology who is experienced in the post-mortem examination if there are not enough forensic specialists available in a region.

If there are indications of an unnatural death, or if it concerns the corpse of an unknown person, the written consent of the public prosecutor, the investigating judge at the district court of the place of death is required instead of the declaration of no objection.

Involvement of the Institute of Forensic Medicine with regard to the assessment of the applicant's forensic medical knowledge.

Most of the formalities are usually taken care of by the funeral home.

Processing time

The processing time is 7-10 days.

Fees

No. A framework fee of between EUR 12 and EUR 48 is charged for checking the admissibility of a cremation.

Legal basis

Law on Funerals, Burials and Cemeteries (Burial Law) of 14 September 1988

Section 12 - Admissibility of burial