When a relative dies in Italy and an investigation opens
Where a death in Italy is unexplained, or follows an accident, medical treatment or an act of violence, the prosecutor opens a file and orders an examination of the body. Two things the family is rarely told: the post-mortem is a technical examination in which they are entitled to appoint their own expert, and the body is released only when it is complete.
What happens in the first days
The prosecutor takes charge. A doctor may be instructed to establish the cause of death, and where the death may be attributable to someone's conduct a full post-mortem is ordered. Until authorisation is given, the body cannot be released, and that authorisation depends on the investigation rather than on the family's arrangements.
For a family arriving from abroad this collides with everything they came to do: repatriation, a funeral, flights already booked. It is worth knowing at once that the timetable is not negotiable, but that the family is not merely waiting — there are things to be done in exactly those days.
The post-mortem is a technical examination
Where the examination cannot be repeated — and a post-mortem cannot — the persons concerned must be given notice and may appoint their own expert to attend. That is a right, and it is the single most important one in this whole situation.
Once the examination has taken place, it cannot be done again. An expert instructed a month later works from photographs and a report written by someone else. An expert present in the room can ask for samples to be taken, for particular questions to be addressed, and can record disagreement at the time.
- Ask immediately whether an examination has been ordered and when it is scheduled.
- Appoint a lawyer, who can appoint the expert: the notice goes to the lawyer.
- Ask that the examination address the specific questions the family has.
- Ask for samples to be preserved.
- Ask for a copy of the record and, when available, of the report.
What the family can do in the proceedings
| Right | Content | Note |
|---|---|---|
| Appoint a lawyer | From the outset, before any charge exists | Opens access to the file |
| Take part in unrepeatable examinations | With your own expert | Notice must be given |
| Ask to be informed | Of any application to close the file | Must be requested expressly |
| Object to closure | Twenty days, with specified further investigation | Technical document |
| Claim damages in the criminal case | As a civil party | Early, non-extendable deadline |
| Obtain copies | Of the documents in the file | Through the lawyer |
The request to be informed of any application to close the file is the one that costs families most when it is omitted. Without it, an investigation into a relative's death can be closed without anybody telling them there was an application at all.
The situations that arise
Road deaths. The reconstruction decides the case and the defence and the family both need their own expert. The framework is in road accidents in Italy.
Medical treatment. The clinical record is the case, and it should be obtained in full and early. Requests for a copy are frequently the first sign to the hospital that a file is coming.
Workplace accidents. The investigation looks at the organisation as well as the individual, and the company's own liability is a separate proceeding.
Violence. The family is an injured party from the beginning, with the participation rights above.
Repatriation
Release of the body and the consular formalities for repatriation are two different processes. The consulate can assist with documents and with contacting funeral operators; it has no power over the timing of the release, which depends on the prosecutor.
What shortens the wait, in practice, is not pressure but participation: a lawyer on record who knows when the examination is scheduled and can ask for the authorisation as soon as it is complete.
Frequently asked questions
Why can we not take the body home?
Where an investigation is open the body is released only when the examination ordered by the prosecutor is complete and authorisation is given. The consulate cannot change that timing.
Can we have our own expert at the post-mortem?
Yes. Where an examination cannot be repeated the persons concerned must be given notice and may appoint their own expert to attend. It cannot be done afterwards.
Will we be told what is happening?
Only if you ask. The request to be informed of any application to close the file must be made expressly, otherwise the file can be closed without notice to you.
Can we claim compensation?
Yes, by joining the criminal proceedings as a civil party, subject to an early and non-extendable deadline, or separately before the civil courts.
If this has just happened
If an examination has not yet taken place, the right to appoint an expert is still available, and it will not be later. First contact is free and covered by professional privilege, at any hour.