Abstract:
The purposes of this research were 1) to study the concept of autopsy
investigation. History of autopsy in Thailand autopsy system 2) To study the problem
of enforcement of the Criminal Procedure Code concerning autopsy. 3) Compare and
propose solutions for autopsy of criminal cases in Thailand as a qualitative research.
Key informants are forensic physicians, investigators prosecutor and administrative
staff Four people were selected by purposive method. Research tools were in-depth
interviews. Document analysis and in-depth interviews. The study found that Based
on the study of the concept of autopsy investigation, an investigation is the collection
of evidence. In which the investigating officer has acted in relation to the alleged
offense in order to know the facts or to prove the offense, bring the offender to be
punished according to the judicial process further with the objective of knowing
whether a criminal offense has been committed or not. Because if it's not a criminal
offense, the investigating officer has no power to investigate. and to know who did it
and to bring the offenders to justice. The history of autopsies in criminal cases in
Thailand found that during the Sukhothai period, there was no clear rule for autopsy.
Until the reign of King Rama I, 1804, the three seals law was enacted to appear in the
Phra Iyakarn category, quarreling and scolding each other. In summary, the content is
that if there is a stabbing to death, Mr. Phathammarong will go and see the corpse.
And if the culprit dies, let the Interior Department, Defense Department, Department
of the Palace go to see the body and if the prisoner dies without knowing the cause
The chief physician had to come and examine the body to find out the cause. If in
doubt, the body must be dissected according to the medical method first and then
buried or cremated until the year 1914 when the Autopsy Act was promulgated.
specifically until In the reign of King Rama I, 1804, a law was enacted with three seals
appearing in the Phra Iyakarn category, quarreling and scolding each other. In
summary, the content is that if there is a stabbing to death, Mr. Phathammarong will
go and see the corpse. And if the culprit dies, let the Interior Department, Defense
Department, Department of the Palace go to see the body and if the prisoner dies
without knowing the cause The chief physician had to come and examine the body
to find out the cause. If it is in doubt, the body must be dissected according to the
medical method first and then buried or cremated until the year 1914 when the
Autopsy Act was specifically promulgated. Until now, some sections have been
amended more than 6 times. But it still found that the autopsy still had problems.
The medical investigation system, the police system, the coronar system, and the
court system, but there are other systems as well, but they are not popular. However,
the use of the autopsy system in each country depends on the laws of each country.
and their own domestic context as to which autopsy system is appropriate. and
found that the autopsy problem in Thailand started from the systematic project is
that there is no main responsible organization. At present, there are personnel
involved in many agencies, including investigators, doctors, prosecutors. and
administrative staff As a result, the work has many practical problems as follows: 1.
The investigator uses discretion to diagnose the cause of death that is too wide.
Unnatural deaths may be excluded from the autopsy process early. 2.Assign other
physicians who are not forensic physicians to attend the autopsy. 3. The right to
notify the relatives of the deceased of the death. but has no right to attend the
autopsy 4. The shortage of forensic medical doctors 5. Personnel on duty lack
knowledge. expertise and experience 6. An unrelated person enters the crime scene.
Proposed solutions 1. The autopsy system should be restructured. The Ministry of
Public Health is the main responsible organization. 2. Add another unnatural death
event. from what is required by law 3. Organize a team of assistant medical
personnel. 4. Determine the reason for the forensic physician to go to the place
where the body was found. Only the persons involved in the performance of their
duties are allowed, and unrelated persons are prohibited from entering the area
where the body was found. 5. Relatives of the deceased have the right to attend the
autopsy. 6. There should be training and knowledge for personnel who perform their
duties and determine their experience in performing their duties at least 5 years