Thread: deaths by drink driving, autopsies etc......split.

Originally Posted by EmperorTud

No, I've already explained that foreigners are treated no differently than Thais unless the victim's family requests otherwise.

or the Doctor, or....

Originally Posted by EmperorTud

You really need to follow and comprehend threads and posts better.

yes I do, obviously

you really need to stop being a patronising arse and grow up

Originally Posted by DrAndy

the doctor should request it, not the relatives

The relatives or the Police have to request an autopsy, then the body is sent to the CIFS for an inquest then a doctor conducts an autopsy.

Originally Posted by DrAndy

Under the criminal procedure law in Thailand the doctor holding the inquest is entitled to conduct a full autopsy. However, in this case it was not done. This is highly peculiar, given the circumstances of death and also that the CIFS ordinarily does full autopsies on bodies brought to its attention. Therefore, in addition to the matters before the court, there is a serious question about the failure to do these autopsies, and why the justice minister also did not give a clear instruction that they be subjected to complete examinations and full details recorded for further legal action.

the doctor should request it, not the relatives

That's from the masss killing in Narathiwat province, not a road accident.

true Noodles, but they don't change the law for each and every case

Originally Posted by DrAndy

you really need to stop being a patronising arse and grow up

Stop the ad hominem and I'll stop patronising you when you are wrong.

Originally Posted by DrAndy

but your subsequent remarks were disgusting.

You find remarks condemning drunk drivers disgusting?

Do you drink and drive?

Is it standard procedure in Thailand to perform blood alcohol tests on auto accident victims?

Originally Posted by Norton

Is it standard procedure in Thailand to perform blood alcohol tests on auto accident victims?

When there is a fatality it most certainly is.

Originally Posted by English Noodles

When there is a fatality it most certainly is.

Assuming the driver/s of the vehicle survives and blood alcohol is over legal limit, what is the criminal charge? Tud, says the penalty is death in such cases. True?

I'm referring to the law not the common practice.

I have googled for information and in the event of "Wrongful Death" the insurance company definately needs a blood alcohol reading and to be able to make an insurance payout either way.

Regarding any road accident there is normally third party claims as well as car and other damages and from what I can gather a blood alcohol reading must be taken and on the event of death.

Again no clear information, and with regard to what happens here in Thailand but I would imagine that most tourists who travel here have accident and death insurances.

Also can't imagine insurance companies would want to pay up if their client caused their own wrongful death and by drink driving negligence.

Are you guys speaking from experience?
My experience in Chaing Mai is that all dead farrang have their chests cut open and examined thoroughly (even in non-suspicious circumstances). If you don't want a friend or relative to be autopsied here then you have to argue your case compellingly. I've heard some sucessful reports of this in bypassing the regulation.

Originally Posted by Norton

what is the criminal charge? Tud, says the penalty is death in such cases. True? I'm referring to the law not the common practice.

I don't know, the person who killed my friend in kho Samui is still awaiting trial, 17 months after the event.

Originally Posted by wandering

Are you guys speaking from experience? My experience in Chaing Mai is that all dead farrang have their chests cut open and examined thoroughly (even in non-suspicious circumstances). If you don't want a friend or relative to be autopsied here then you have to argue your case compellingly. I've heard some sucessful reports of this in bypassing the regulation.

I can only speak from my single personal experience of a friend being killed in Thailand, he was killed when a truck ran in to the back of his car on kho Samui in April of last year, the driver of the truck was over the limit, my friend had a blood sample taken by a police doctor but certainly no autopsy was performed.

I won't be posting in this thread again as I don't realy want to get in to shit fight when some of the other argumentative posters join the fray, so to any likely protagonists such as Ant and sidekicks, your efforts will be wasted.

Originally Posted by wandering

My experience in Chaing Mai is that all dead farrang have their chests cut open and examined thoroughly

Incorrect.

Autopsies are normally performed if the deceased has died outside of a hospital or if the cause of death cannot be determined. If an autopsy is not required by Thai authorities, it can often be conducted at the request and expense of the next-of-kin. Autopsies are performed within twenty-fours after the Thai forensic authorities receive the remains. Please note that full autopsy results are not available for up to three months after the completion of the examination, and that the autopsy results will likely fall far short of the standard expected in the United States.

Death of a U.S. Citizen - U.S. Embassy Bangkok, Thailand

^^ A 'Thread Flounce'.

Originally Posted by EmperorTud

Originally Posted by dirtydog

It has nothing to do with the relatives, the police request autopsies on any suspicious and non suspicious farang deaths.

Not so. A death has to be deemed suspicious by the Police to warrant an autopsy, even then, it is not guaranteed that the body will receive an autopsy.

The fact that the deceased is a foreigner has no bearing on whether an autopsy will be carried out.

In some cases, even involving deaths in suspicious circumstances, the victim's family must request an autopsy.

In addition, autopsies are usually conducted at the CIFS (Central Institute of Forensic Science) in Bangkok, so the body would have to be sent there.

Remember where you are people, this really is still the Third World.

Mortality System in Thailand
1. Overview of mortality reporting system
In Thailand there are two issues of law regarding mortality; they are the section
21 of the Populace Registration Act B.E. 2535 which stipulates that Thai citizens shall report of death as according to the registration system of the country’s populace registration, and the sections 149 and 150 of the code of law regarding procedure of considering criminal cases which apply to autopsy in cases of unnatural death.
Reporting of death as according to the Populace Registration Act B.E. 2535 is a
regulation regarding keeping populace registries; and it stipulates that
In cases of death, regardless of death in house or death in medical establishment,
regardless of natural or unnatural death, there shall be reporting of the death.

Persons responsible for death reporting are,
1. Case of death in house: the master of the house shall report of the death; in case of absence of house master, persons who encounter the death shall report of it.
2. Case of death outside house: persons who have accompanied the deceased person, or person encountering the death, shall report of the death.
3. Case of death in medical establishments: the healthcare officials of the medical
establishments, such as care-giving physicians, shall issue death certifying
document (Tor Ror 4/1) to the relatives of the deceased for further reporting of the death to the registrar.

Time periods of reporting:
1. Under normal condition, reporting shall be done with 24 hours starting
from the time of death or of encountering death.
2. In the case where communication is not available, the time period of
reporting may be extended, but it must not exceed 7 days starting from the
time of death or of encountering death.
Any one who does not report of death within the prescribed time periods shall be
liable to a fine of not more than 1,000 baht.

Death may also be classified into two categories, namely,
1) Natural death
2) Unnatural death. In the cases of natural death there is no problem, reporting of death can proceed according to the normal procedure of reporting death and the dead body can be handled as according to tradition. However, if there is reason to doubt that the death is natural, or death occurring during custody of the state officials, the law stipulates that there shall be autopsy as according to the code of law regarding procedure of considering criminal cases, section
149. There are 5 causes of unnatural death, namely,
1. Suicide
2. Homicide
3. Death from beastly attack
4. Death from accident
5. Death of unknown cause

too bad there's no topic associated with this thread so you have any idea what it is in relation to? as in what is the original topic?

Split from a news thread.

https://teakdoor.com/thailand-and-asi...-speeding.html (Phuket Rawai Deadly corner claims speeding Brit)

^^^(DrBob)

There is also a (no doubt fulsome) law regarding prostitution in Thailand. I am given to understand that it is not followed to the letter also...

Originally Posted by DrB0b

However, if there is reason to doubt that the death is natural, or death occurring during custody of the state officials, the law stipulates that there shall be autopsy as according to the code of law regarding procedure of considering criminal cases, section 149. There are 5 causes of unnatural death, namely, 1. Suicide 2. Homicide 3. Death from beastly attack 4. Death from accident 5. Death of unknown cause

Which is what I said earlier in this thread in that there needs to be a suspicious death leading to a criminal case under investigation for an autopsy to happen.

Thanks for the C&P, that clears it up.

I have to say I find it amazingly hypocritical that someone that goes on about drink driving so vehemently openly admits on other threads how he loves to race his car on the roads.... Just as dangerous.