The family has already planned the funeral back home, but the body is not being released. The hospital says “wait for the release”, the police give a case number, and nobody explains how long it will take. Usually this is a standard procedure: the investigation of an unexplained cause of death. This article explains why it happens, what the family can do and how to avoid losing unnecessary days.
When the police and public prosecutor become involved
The doctor who confirms the death records its manner: natural, unnatural or unexplained. If there are indications of an unnatural death or the cause is unclear, the police must inform the public prosecutor. This is required by Section 159 of the German Code of Criminal Procedure (StPO).
Typical situations include a sudden death at home without a known serious illness, a fall, an accident at work or on the road, a death shortly after surgery, or the death of a young person. This does not mean the family is under suspicion. The investigation is intended to rule out third-party involvement and is carried out the same way for everyone.
Why the body is not released
Section 159 StPO also states that written approval from the public prosecutor is required for burial. Until it is granted, the deceased may not be buried, cremated or transported abroad. No corpse passport (Leichenpass) is issued without this release either.
Post-mortem: who decides and whether you can object
To establish the cause of death, the public prosecutor may order a forensic post-mortem examination (Obduktion). It is carried out at an institute of forensic medicine. If ordered by the prosecutor or a court, the consent of relatives is not required.
It is still worth mentioning religious requirements — such as burial as soon as possible. They can be taken into account in planning, but the decision remains with the authority. We pass such requests on together with the request for release.
How long it usually takes
The law sets no fixed deadline; it depends on the prosecutor’s office and the workload of the institute. In most cases the release comes within a few days. If further examinations are needed, the wait can be longer. The release does not usually wait for all laboratory results, but nobody can guarantee this in advance.
If the family chooses cremation
Before cremation, most German federal states require a second official examination of the body. Where the cause of death is unexplained, cremation is only possible after the prosecutor’s release. If you are planning to repatriate an urn, tell us straight away so this step can fit into the schedule without extra days.
What the family can do during the investigation
- Ask for the case reference. The police provide the reference number (Aktenzeichen) or the responsible department. With it, we check the status and request the release.
- Name your funeral director. The institute and the prosecutor then know to whom the deceased should be released.
- Prepare documents in parallel. Passport of the deceased, birth and marriage certificates, power of attorney — these are needed anyway, and there is no need to wait for the release.
- Do not book flights or set a funeral date until the release has been granted. We will give you a realistic date as soon as it arrives.
If the deceased was visiting Germany, insurance also matters — see “A relative died while visiting Germany”. Other common causes of delay are covered in “Obstacles during international repatriation”.
Frequently asked questions
Call us — we handle the communication
Give us the case reference or at least the town and the institution where the deceased is. We will contact the police, the prosecutor and the institute, find out the status and collect the deceased as soon as the release is granted. Around the clock, in English, German, Russian and Ukrainian.
Phone: +49 1511 7463888 · Request a call back
This article reflects the published regulations and does not replace legal advice. The instructions of the public prosecutor and the authorities in the individual case are decisive.
