Leichenschau - Ausstellung der Todesbescheinigung beantragen

Bestattungsgesetz BW (BestattG BW):

• § 20 Leichenschaupflicht
• § 21 Veranlassung der Leichenschau
• § 22 Vornahme der Leichenschau
• § 24 Kosten der Leichenschau

Bestattungsverordnung (BestattVO):

• § 10 Todesbescheinigung
• § 11 Vertraulicher Teil der Todesbescheinigung

If a person has died, a doctor must immediately carry out a post-mortem examination. He or she establishes the death and fills out the death certificate. The death certificate must be presented to the competent registry office when the death is reported.

The following persons are obliged to arrange for the post-mortem examination in the following order:

• the spouse or the registered civil partner, respectively
• the children of full age
• the parents
• the grandparents
• the adult brothers and sisters
• the grandchildren of full age of the deceased person
• the person in whose home, institution or on whose property the death occurred
• any person who was present at the death or who is aware of the death from his or her own knowledge

Note: If the death occurred in hospitals, maternity homes, nursing or old people's homes, educational or prison institutions or similar institutions or in means of transport (e.g. in a tram), the medical management of the hospital, the management of the other institution or the driver of the means of transport is obliged to arrange the post-mortem examination in the first place.

Identity card or passport for identification of the deceased

One person has died.

The costs of the post-mortem examination shall be imposed on the person who is also obliged to pay the funeral costs.

Every practising physician and medical staff of a hospital or other institution is obliged to perform a post-mortem examination. The post-mortem examination must be carried out by them on request and may only be refused for compelling reasons. In the event of refusal, it must be ensured that the post-mortem examination is carried out by another doctor.

Emergency physicians employed in the rescue service are not obliged to determine the manner and cause of death. They are only required to ascertain the death and to record the occurrence of death on the death certificate. They arrange for the post-mortem to be carried out by another doctor via the rescue coordination centre and notify the police if there are indications that the death was not natural.

If there is a natural death, the person conducting the post-mortem examination gives the death certificate to the person arranging the burial.

If it is an unknown deceased person, they notify the local police station.

The death certificate consists of a confidential and a non-confidential part.

If the manner of death is unclear, the doctor retains the confidential part of the death certificate and notifies the local police station. The police will conduct an investigation and inform the doctor of the results. If these investigations have revealed a natural death, the doctor completes the confidential part of the death certificate and forwards it to the competent registry office.

If the police investigation or the post-mortem examination has already revealed indications of a death that was not natural, in particular if there is a suspicion of outside influence or failure to render assistance, the police will involve the public prosecutor's office so that, if necessary, the cause of death can be determined by a forensic medical report and a post-mortem examination. This also applies if someone ends his or her own life. If the public prosecutor's office has been called in, the registrar will only certify the death upon notification by the public prosecutor's office.

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