Uhrenholt Lars, Schumacher Bente, Freeman Michael
Retsmedicinsk Institut, Aarhus Universitet, 8200 Århus N, Denmark.
Ugeskr Laeger. 2010 Sep 27;172(39):2683-7.
In some road traffic crashes with fatal outcome, the police investigations lead to charges against and prosecution of a person. The police can request a medico-legal autopsy as well as a toxicological examination, but the extent to which this is done, and the role here of in the legal setting is unknown.
Information concerning traffic crashes with fatal outcome in the period 2000-2004 in Aarhus Police District was retrieved and compared. The information included comprised crash specific and legal information, as well as medical data concerning autopsy, examination for alcohol, drugs and/or medicine.
In all, 81 traffic crashes had a fatal outcome for 92 persons, of whom 17 (18%) were autopsied, 55 (60%) were tested for alcohol, and five (5%) were examined for drugs/medicine. Twenty-six were charged with negligent homicide, of which 18 were convicted. Autopsy was performed in four of these cases, 19 were tested for alcohol and one was tested for drugs/medicine.
This study shows that the police requests few medico-legal autopsies following road traffic fatalities, and that testing for alcohol as well as drugs/medicine is not conducted routinely. As a consequence, important information may not come to the knowledge of the police in cases of negligent homicide. We recommend that postmortem examination be conducted routinely in traffic-related homicide cases to secure the best possible conditions for a legal evaluation.
在一些导致死亡的道路交通事故中,警方调查会对某人提出指控并进行起诉。警方可以要求进行法医解剖以及毒理学检查,但这样做的程度以及在法律背景下的作用尚不清楚。
检索并比较了奥胡斯警区2000 - 2004年期间导致死亡的交通事故信息。所包含的信息包括事故特定信息和法律信息,以及有关尸检、酒精、毒品和/或药物检测的医学数据。
总共81起交通事故导致92人死亡,其中17人(18%)接受了尸检,55人(60%)接受了酒精检测,5人(5%)接受了毒品/药物检测。26人被指控过失杀人,其中18人被定罪。这些案件中有4人接受了尸检,19人接受了酒精检测,1人接受了毒品/药物检测。
本研究表明,道路交通事故致人死亡后警方要求进行的法医解剖很少,而且酒精以及毒品/药物检测并非常规进行。因此,在过失杀人案件中,警方可能无法获取重要信息。我们建议在与交通相关的杀人案件中常规进行尸检,以确保进行法律评估的最佳条件。