When a death abroad becomes the subject of a criminal investigation, the repatriation process enters a different category. The body is no longer simply the deceased: it is evidence. The family’s ability to take the person home is contingent on the investigating authority deciding the body is no longer needed for legal purposes.
This guide explains how criminal case deaths work in the context of repatriation, and what families can and cannot do.
When a death becomes a criminal matter
A death is treated as a potential criminal matter when the circumstances suggest that another person may be responsible. This includes:
- Apparent homicide or suspicious circumstances
- Deaths during a crime (robbery, assault, accident caused by another’s criminal conduct)
- Deaths in custody or care where negligence may be alleged
- Deaths where the initial circumstances are unclear and cannot be ruled non-criminal without investigation
The investigating authority (prosecutor, police, coroner with criminal jurisdiction) takes control of the body from the moment criminal proceedings are initiated. No party, including the family, the British consul, or the local funeral director, can move or prepare the body without the investigating authority’s permission.
The body as evidence
In criminal proceedings, the body is the primary physical evidence. The forensic examination must be thorough and must be conducted in a way that preserves its evidential integrity. This means:
- No preparation or embalming before the investigating authority completes its work
- No movement of the body without authority permission
- Retention of the body (or samples from it) for potential further examination
- In some jurisdictions, retention of the body until the conclusion of proceedings
In straightforward cases (cause of death clear, suspect in custody, criminal charge filed), the body may be released relatively quickly after a forensic post-mortem. In complex cases (cause of death disputed, suspect not identified, multiple parties potentially involved), release may take months.
What the investigating authority releases and when
The investigating authority releases the body when it has determined that the body is no longer needed as evidence. This decision depends on:
- Whether the forensic examination has been completed and the findings documented
- Whether samples have been taken and retained for further testing
- Whether the court or prosecution anticipates needing to re-examine the body
- In contested cases, whether the defence has had the opportunity to conduct an independent examination
In most jurisdictions, both prosecution and defence have the right to forensic examination. Where the defence requests an independent post-mortem (standard practice in serious cases), this must be completed before release. This can add weeks to the timeline if the defence takes time to arrange their own pathologist.
The British consul’s role
The British consul monitors cases involving British nationals and maintains contact with the investigating authority. The consul can:
- Request formal updates on the case status
- Ask whether and when body release is anticipated
- Communicate the family’s position and concerns to the prosecutor
- In serious cases, escalate to senior diplomatic channels
The consul cannot intervene in the legal process, override a prosecutor’s decision, or order a release. Diplomatic representations can apply pressure and can communicate the human cost of delay, but they cannot force a legal outcome.
Families should be realistic about this. Where a prosecutor has legitimate reasons to retain the body, no amount of diplomatic pressure will change the outcome.
Engaging a local lawyer
In almost all criminal cases involving a British national’s death abroad, the family should appoint a local lawyer (advocat, avvocato, abogado, rechtsanwalt, or equivalent) who understands the local criminal procedure.
A local lawyer can:
- Advise the family on the investigation’s status and likely timeline
- Attend hearings on the family’s behalf
- Pursue any available legal remedies (including applications to the court for body release where such procedures exist)
- Review forensic findings and advise on whether an independent examination is warranted
- If appropriate, pursue civil claims (wrongful death, compensation) in parallel with or after the criminal proceedings
The British consul can provide a list of local English-speaking lawyers. Many lawyers in popular tourist destinations have experience with cases involving foreign nationals.
How long criminal cases take
There is no universal answer. Cases range from a few weeks (cause clear, suspect in custody, straightforward prosecution) to several years (cold case, disputed cause, complex multi-party proceedings).
Families need to understand this clearly: in the worst cases, they may wait years for the body. This is a deeply difficult reality that many families are not prepared for. The counsel to set a sustainable pace for engagement, rather than a crisis pace, is important: a family that treats a 2-year investigation as a 2-week emergency will exhaust itself.
Practical guidance for the long wait: establish a regular communication rhythm with the lawyer and the consul (monthly updates, not daily enquiries). Seek specialist bereavement support that can accommodate an extended and uncertain timeline. Connect with other families who have been through similar experiences (some support organisations have members who have experienced this).
Public statements and social media
Families dealing with a criminal investigation abroad should be extremely careful about public statements, including on social media. Statements that identify suspects (even by implication), characterise the investigation, or make accusations can:
- Prejudice the investigation
- Create legal liability in the country of death
- Give the defence grounds to challenge the prosecution
- Jeopardise any eventual trial
Families should receive legal advice before making any public statement about a criminal case abroad. This is not to silence the family but to protect the legal process that may ultimately bring accountability.
For further guidance, see our articles on repatriation timeline by cause of death and post-mortem delays and what families can control.