Of 25th October 2011 N 102/685/692
About establishment of Cooperation rules between bodies of internal affairs, health care facilities and bodies of General Prosecutor office of Ukraine in the providing of death statement
According to the requirements of the Constitution of Ukraine, Criminal procedure code of Ukraine, Laws of Ukraine “On Prosecutor service” “On Police”, Legislative basis of Health Care of Ukraine, “On funeral and funeral business”, with the goal of proper examination of death cases of people, we order:
1. Establish the cooperation rules between bodies of internal affairs, health care facilities and bodies of General Prosecutor office of Ukraine in the providing of death statement, which is included.
2. General Prosecutor office of Ukraine, Minister of internal affairs and Ministry of Health care must inform all territorial and structural departments of health care issues of local state administration.
3. Order is coming into force after 10 days of its registration in General Prosecutor office in Ukraine, Ministry of Internal affairs and Ministry of Health care of Ukraine.
4. On the day of coming into force of this order, the joint pointer of General prosecutor office and Ministry of internal Affairs України N 65/630 from the 2 July of 2007 “About organization of setting outs to scene of crime events of intentional murders and other crimes against person” is considered out of force.
5. Put control of the execution of the order and Rules on the deputies of General Prosecutor, Minister of internal affairs and Minister of Health care of Ukraine according to the distribution of duties.
|General Prosecutor of Ukraine||V. Pshonka|
|Minister of internal affairs||A. Mohylyov|
|Minister of Health care||O. Anischenko|
Order of the General prosecutor office, Minister of internal affairs, Ministry of Health care of Ukraine 25.10.2011 N 102/685/692
RULESOf cooperation between bodies of internal affairs, health care facilities and bodies of General Prosecutor office of Ukraine in the providing of death statement
1. General terms
1.1. Rules of cooperation between bodies of internal affairs, health care facilities and bodies of General Prosecutor office of Ukraine in the providing of death statement (Rules – further) is designed for providing of effective cooperation between Ministry of internal affairs bodies, medical care facilities and General Prosecutors service bodies on examination of death cases with the goal to prevent bad examinations of death cases of people and hiding intentional murders.
1.2. Legislative basis of the Rules is Constitution of Ukraine, Criminal procedure code of Ukraine, Laws of Ukraine “On Prosecutor service” “On Police”, Legislative basis of Health Care of Ukraine, “On funeral and funeral business".
2. Workers of the medical facilities:
2.1. Immediately informs police by the number 102 about every death statement they did regardless the place of death, except the cases of death from illness in the medical facilities.
2.2. In every cases of informing the police about death of the human, medical workers are forbidden to violate conditions of the place of deceased person location, move the body, to initiate such actions by other persons including relatives, or to issue the death certificate before arriving of the policeman of Prosecutor office’s representative.
2.3. In the case of death of the person by his or her place of living without the signs of violate death or without the suspicion, a medical doctor (assistant) should arrive to the scene and states the fact of death and takes part in the actions of policeman while examining the scene and the body and taking the decision of transporting body to forensic medical autopsy.
2.4. In the cases of forensic medical autopsy or issue of medical certificate of death without the autopsy, a copy of medical certificate with wet seal of the facility that issue the certificate must be send to Police during the three days from the moment of death statement.
3. Workers of the Bureau of Forensic Medical examination:
3.1. Doctors of Forensic Medical examination are going to the scene of event with the operational investigative group (except the cases, foreseen in the paragraph 2.3) with the task of external body examination, by the rules foreseen in the article 192 of CPC of Ukraine.
3.2. Commence a forensic medical autopsy of the body during the day of its arrival.
3.3. Forwarding of the copy of medical death certificate to the body of internal affairs that sent a body to autopsy during three days.
3.4. Conduct a forensic medical autopsy of the body with all laboratory research needed and make an act of it during the month.
3.5. Send an act of the forensic medical autopsy of the body to the police during three days after it is issued.
3.6. Informs a police on exceeding the terms, foreseen in the paragraphs 3.3, 3.4, 3.5 by written report.
3.7. In the case of violent death or if the reasons of it hasn’t been determined, body, clothes and other things that was with it, only with written approval of the investigator of prosecutor.
4. Workers of the internal affairs:
4.1. Timely register the messages of person’s death facts, including ones that came from medical facilities’ workers in the journal of registration of claims and messages about crimes commenced or prepared.
4.2. Rolling out immediately to the place of event with doctor (assistant) and other required specialists in case of incoming messages about fact of person’s death by the place of his or her constant living without signs of violate death of suspicion of that, taking into consideration paragraph 2.3 of these Rules.
4.3. Operational investigative group, leading by investigator with forensic doctor and other required specialists rolling out immediately to the place of event in case of incoming messages about other cases of person’s death or determining a fact of violent death or suspicion of it in the preliminary review.
4.4. Immediately informs Prosecutor about cases of death, foreseen in the paragraph 4.3 of these Rules.
4.5. Examine the place of event and bodies, according the place of living of deceased without the signs of violent death on the order, foreseen in the articles of 190-192 of CPC of Ukraine, with making the plan and drawing of the examined place and with use of photo and video shooting if needed.
4.6. Fixing in the protocol of the examination the information about outpatient observation of sick person and date of the last doctor’s examination along with the decision of the transportation of the body to forensic medical autopsy.
4.7. According the audit results, foreseen in the paragraph 4.3, of the messages about death, decision in accordance with article 97 of CPC are made only by investigators in compliance with the norms of Criminal procedure code of Ukrain.
4.8. Provides keeping of the initial conditions at the place of event till the arrival of the investigator of the Prosecutor office and if establishing the signs of crime, which is under authority of Prosecution, including the death cases in the places of imprisonment, premises of internal affairs bodies, etc.
4.9. In accordance with the results of place of event examination’s, body examinations and conducted inspection at the place, personally takes decision on directing body to the forensic medical examination.
In the direction note they point out the list of issues to the forensic expert and also issues about giving deceased’s clothes, body, cremation possibilities, etc. Copy of direction note is added to the inspection’s materials.
Provide control on the terms of forensic medical examination of the human bodies. If the acts on examination hasn’t been mailed they personally takes them and physical evidences.
Must be sent for forensic autopsy:
- corpses of people with signs of violent death (trauma, asphyxia, effects of extreme temperatures, electrical current, poisoning, etc.) or suspicion on it;
- corpses of people whose deaths occurred suddenly, - without age limitation (when death came quickly, unexpectedly, with the background of visible, mental health from diseases that ran hidden or developed acute);
- corpses of people whose deaths occurred outside the place of residence;
- corpses of unidentified people
Corpses of people, died at home under the clinical observation of patient, and within month from the last examination, without the signs of violent death are not directed for the forensic medical examination.
5. Public prosecutors:
5.1. On the case of incoming messages about death in accordance with the paragraph 4.3 of this order, takes decision about presence at the place of event in every separate case, considering known circumstances, resonance of the accident, and the degree of dangerousness of the crime.
5.2. Organize the place of event and corpses’ examination by the inspectors of Prosecutor’s office, inspection and decision under the procedure art. 97 of the CPC of Ukraine about all statements and reports of human death, which could occur in connection with the commission of crimes suspects to the Prosecution.
5.3. Immediately provides via phone senior prosecutors and to the departments of receiving, processing and analysis of intelligence the data on committed premeditated murder or attempted them in the conditions of non-obviousness, as well as about those that led to public outcry, and directing to the senior prosecutors special message according to the instructions of the Prosecutor General of Ukraine N 4 from 11 January 2011.
5.4. In pursuant to the Criminal Procedure Code of Ukraine the order and timing of providing legitimacy when checking into the death of people, making the following facts relevant judicial decisions.