Todesbescheinigung; Weitergabe

The death certificate is issued by the doctor who diagnoses the death and carries out the post-mortem examination. It serves as the basis for registering the death and must be submitted to the registry office.

Death certificate (for the first post-mortem examination)

The death certificate documents the first post-mortem examination. The first post-mortem examination serves to determine the death, the manner of death and the cause of death. In addition to personal details, the death certificate must also contain this information. The issuing of the death certificate is not a mere formality. There is a special duty of care for the determination of death. When the death certificate is issued, the course is set as to whether the body is released for burial or whether further investigations are required to determine whether the death was not natural. At the same time, the quality of the cause of death statistics depends on a careful first post-mortem examination.

The set of forms for the death certificate comprises a non-confidential part (sheets 1 and 2) and a confidential part 1 and 2 (sheets 1-5 in each case).

The doctor at the first post-mortem examination completes the death certificate, separates sheet 2 of the non-confidential part (purple) and places the carbon copies of the confidential part in the envelopes provided.

Sheet 1 of the non-confidential part (gray) is submitted to the relevant registry office together with the brown envelope containing sheets 1-3 of the confidential part. As a rule, this is done by the next of kin, an authorized mortician or the death institution. After the death has been certified, the registry office forwards sheets 1-3 of the confidential part of the documents to the health authority at the place of death, which keeps the carbon copies or forwards them to the relevant authorities. Sheet 1 of the non-confidential part of the death certificate remains in the original in the second file of the registry office.

Sheet 2 of the non-confidential part remains with the deceased as a transportation document and, in the case of cremation, is kept in the crematorium in accordance with the retention periods applicable there. In all other cases, sheet 2 is kept in the cemetery provider's records for the duration of the resting period.

Sheet 4 of the confidential part is intended for the second post-mortem examination and in the event of a post-mortem and is placed in the envelope provided for this purpose together with the unfilled post-mortem certificate and the unfilled certificate of the second post-mortem examination (see below). The envelope is sealed and also remains with the deceased.

Sheet 5 of the confidential part is intended for the doctor's personal records.

If there are indications of a non-natural death, if the manner of death is unknown or if the body of an unknown person is found, the entire death certificate with the non-confidential part must be handed over to the police. The non-confidential part of the death certificate may only be handed over to the person responsible for the funeral if the public prosecutor's office has authorized the funeral in writing.

Certificate of the second post-mortem examination

If the deceased is to be cremated, a second post-mortem examination must be carried out at the crematorium before cremation. From the point of view of the prosecution authorities, the second post-mortem examination prior to cremation is not only desirable in terms of establishing nationwide uniformity and thus simplifying procedures, but it is also an important element in improving the detection of homicides that might otherwise remain undetected. The (re)introduction of the second post-mortem examination prior to cremation can, among other things, prevent traces of a criminal offense that may have been overlooked during the first post-mortem examination from being permanently and irretrievably destroyed by the cremation of the corpse. In addition, the second post-mortem examination should be a control instrument. The general possibility of a second post-mortem examination - and thus also a review of the first post-mortem examination - is intended to encourage the doctors performing the first post-mortem examination to take particular care.

The set of forms for the second post-mortem examination includes a certificate of the second post-mortem examination (sheets 1-4).

The doctor performing the second post-mortem examination sends sheet 1 of the completed certificate to the public health department at the place of death. Sheet 2 of the certificate is kept at the crematorium or remains with the body if it is transported abroad. Sheet 3 of the certificate is intended for use in the event of an autopsy. Sheet 4 of the certificate and sheet 4 of the confidential part of the death certificate are intended for the doctor's personal records.

If there are indications of a non-natural death or if the manner of death is unclear, sheets 1, 2 and 3 of the certificate, sheet 4 of the confidential part of the death certificate and the incomplete sheets 1 to 3 of the autopsy certificate must be sealed in envelope 2 and handed over to the police.

If no second post-mortem examination takes place, the unopened envelope 2 remains in the cemetery operator's records for the duration of the resting period.

Provisional death certificate

If a doctor who is assigned to treat emergencies (emergency doctor, emergency physician) is called to the post-mortem examination, he or she may limit himself or herself to issuing a provisional death certificate. This merely states the death, the time of death, the condition of the corpse and the external circumstances.

However, the prerequisite is that the emergency doctor has not treated the deceased person beforehand and that it is ensured that another doctor will make the missing determinations.

The provisional death certificate is not to be passed on to the registry office.

Autopsy certificate

The autopsy doctor receives the sealed envelope containing sheet 4 of the confidential part of the death certificate (see above) and the unfilled autopsy certificate together with the deceased. The autopsy doctor notes on the autopsy certificate the cause of death determined by the autopsy and other significant illnesses. The doctor performing the autopsy forwards the autopsy certificate to the public health department without delay.

Mortuary passport

A corpse passport is required if a corpse is transferred to another country or through a country that requires one (see under "Related topics").

Death certificates and autopsy certificates must be obtained and kept ready by all doctors who are obliged to perform a post-mortem examination. Every doctor who is established in the area of the district administrative authority in which the corpse is located or in the area of a neighboring district-free municipality, and in hospitals and maternity homes every doctor working there, is obliged to perform a post-mortem examination.

The official models for the death certificate, the provisional death certificate, the autopsy certificate and the corpse passport have been published in the Bavarian Ministerial Gazette 2021 No. 438. Corresponding sets of forms can be obtained from specialist publishers.

The post-mortem examination must be carried out immediately.