Death of a British national abroad in suspicious circumstances

As well as the support which we can offer if someone dies from natural causes, we can also suggest the best way to raise any concerns with the local authorities if there is evidence of someone dying in suspicious circumstances.

Basic information

We can also offer basic information about the local police system and legal system, including any legal aid that is available.

If required, we can provide lists of local lawyers and interpreters (although we do not pay for either) and, where possible, details of support groups.

In all cases where you, as next of kin, have concerns about the circumstances surrounding the death, we suggest you get professional legal advice.

Can't investigate ourselves

We cannot investigate deaths ourselves and, in many countries, investigating authorities and the courts will not answer enquiries, including from our own staff. If this is the case, it is very important to consider appointing a local lawyer who can look after your interests in court and follow any trial for you.

Standards vary

We will consider making appropriate representations to the local authorities if there are concerns that the investigation is not being carried out in line with local procedures or if there are justified complaints about discrimination against the person who has died or their family. The standard of investigative procedures and expertise varies greatly across the world.

Meeting family representatives

Consular staff in London are available to meet family representatives. They will contact the next of kin if the investigating authorities tell us about any new developments. Where possible, if the next of kin visits the country where the person died during the early stages of the investigation and initial court hearings, our staff there may be able to meet them.

Bereavement

There are a number of organisations in the UK that can help bereaved families and friends come to terms with a death, whether the death was natural or otherwise. Some, such as Support after murder and manslaughter, can help you face the problems and difficulties that arise from death overseas under suspicious circumstances.

We also have a leaflet called Victims of crime abroad [PDF 329KB, new window] which you may also find helpful. You can find details on our travel website under 'Our publications'.

General procedures in Austria

The death of a relative or friend can be even more distressing when the death occurs overseas, as family and friends in the UK may not be familiar with foreign procedures and not able to communicate in the language of that country.

Consular Directorate of the Foreign and Commonwealth Office and our Consulates in Austria are ready to help as far as we can. You may be uncertain about what to do next or who to contact for advice. These notes are designed to help you through the practical arrangements you will need to make.

Please note that the information contained in this document is not meant to be a definitive statement of the law, nor is it to be taken as a substitute for independent legal advice.

Autopsies (post mortems)

In most Austrian provinces the doctor carrying out the death inspection will decide whether a post mortem is necessary (e.g. uncertain cause of death, involvement of another person) or not.

However, there are different procedures for the province of Vienna. In Vienna an autopsy to establish the cause of death will now only be carried out when there is evidence of the involvement of another person in a death. If there are no suspicious circumstances or no third party involvement suspected then an autopsy will not be carried out.

Organ retention

Under Austrian law, organs or parts of organs may be removed after a person's death, in order to improve the health or to save the lives of others, unless he/she expressly objected to his/her organ donation, prior to death. Therefore organs or parts of organs can be removed without the next of kin's consent.

To ensure that organs will not be removed if a person dies in Austria, that person can register his/her objection in an "opting-out register" (Widerspruchregister) compiled free of charge by the Austrian Federal Institute for Health (OeBIG). Forms to register an opt-out as well as to cancel an opt-out are available in English on the OeBIG website www.oebig.at under Services / Opting-out register. Forms must be signed by hand and sent by post, fax or e-mail (as a scanned document, provided the signature is clear) to:

Österreichische Bundesinstitut für Gesundheitswesen
Attn. Maria Lehner
Stubenring 6
A-1010 Vienna
Austria
Fax: +43 (0) 1 513 84 72
Email: lehner@oebog.at

Mortuary facilities

Mortuaries in Austria are located at:

Cemeteries (often together with an adjacent hall for the funeral service) where bodies are kept in certified cold storage facilities until funeral/burial or repatriation of remains
Hospitals (in special buildings or suitable parts of these buildings), mainly for post-mortem examinations to establish exact cause of death
Medical faculties

Repatriation and burial

Body / mortal remains: necessary documents:

A Death Report (‘Totenschaubefund’) from the hospital (pathologist) showing the results of the medical examination as well as cause of death. Once this is issued the body is released. It is an internal document (pink form) which also contains important information for airlines with regard to repatriation of remains, and is later sent on to the local UK undertaker, as well as to the local Austrian public health department.
International Death Certificate (‘Sterbeurkunde’)
International Corpse Pass (‘Leichenpass’) – necessary for flight repatriations

Urn: necessary documents:

Death Report (‘Totenschaubefund’) – see above
International Death Certificate (‘Sterbeurkunde’)
Urn acceptance note (‘Urnenannahmebestaetigung’). The Austrian Cremation administration needs to receive a written confirmation from the management of a local UK cemetery that they have provided for a burial plot.

In order to repatriate the body back to the UK you must appoint an international funeral director. Local burial is normally only possible when the deceased had his/her main place of residence in Austria

Local cremation facilities

Local cremation administrations exist in:

Vienna
St. Poelten (Lower Austria)
Graz, Knittelfeld (Styria)
Linz, Steyr (Upper Austria)
Salzburg
Hohenems (Vorarlberg)

Reminder: an inquest will not take place in the UK there is a local burial or local cremation.

Death registration

Austrian authorities (local registrar administrative office) will issue a death certificate in German on an international form, which contains translations on the back page. This can take a few days, usually one to two days. Austria’s death certificates do not give details of the cause of death, as would be the case in the UK. Cause of death in Austria is only displayed on the Death Report (‘Totenschaubefund’) from a hospital / pathologist.

Return of personal effects

If the deceased was travelling in the company of the next if kin, his/her belongings remain with the member(s) of family. If the deceased had been travelling on his/her own, all personal belongings are entrusted to the district court of jurisdiction for safe keeping. The district court, having the disposing power, in turn entrusts a locally notary to handle the personal belongings.

In case of the deceased having been a registered resident, the district notary will be responsible for handling all inheritance matters.

Police / judicial inquiries

The local police will take action in a suspected case of third party negligence, and the examining magistrate will be informed. Police investigations are formally under the special direction of the examining magistrate. From 2008 the prosecutor will take over that role.

In those cases where the federal police cannot rule out third party negligence, the body will be commissioned. If third party negligence can be ruled out, the officials may commission a post mortem examination for public health reasons. For all states other than Vienna the approach will vary according to the individual burial regulations (examination of the body, if necessary post mortem will be conducted). The jurisdiction lies within the local municipalities.

Further steps in the case of death due to third party negligence will otherwise depend on the orders of the prosecution or the courts. In that case the legal authorities will be responsible for any further action.

The current law does not grant access to copies of relevant police files. Access to files can only be obtained through court orders.

Next of kin can contact the court concerned or the notary employed for handling the estate affairs if they have any questions.

Legal aid

A legal aid system for next of kin can is only available for criminal proceedings where concerned parties need their personal interests to be represented.

Compensation

According to general regulations as well as a specific law for victims (‘Verbrechensopfergesetz’), compensation will be applicable to any bodily harm done that would result in a sentence longer than six months.

If the death was caused by the actions of the Austrian authorities, any other public bodies or any of the social insurance authorities, the responsible body will be held liable for the payment of damages according to the government liability law (‘Amtshaftungsgesetz’).

The British Embassy in Austria

Help if someone dies