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LEGAL MEDICINE

CHONA S. UNDAG
HISTORY OF LEGAL MEDICINE
 2980 B.C.: IMHOTEP: earliest medico-legal expert; chief physician and
architect of King Zoser of the third dynasty in Egypt; builder of the first
pyramid; first to record a report of a murder trial written on clay tablet
 2200 B.C. CODE OF HAMMURABI: the oldest code of law, including
legislation on adultery, rape, incest, divorce, violence, and abortion
 460-355 B.C. HIPPOCRATES: discussed the lethality of wounds in Greece.
 384-322 B.C. ARISTOTLE: fixed animation of fetus at the 40th day after
conception
 600 B.C. NUMA POMPILIUS: (In ROME) all women dying during
confinement should immediately be opened in order to save the child's life.
 ANTISTIUS: was the first “Police Surgeon” or Forensic pathologist, who
conducted the autopsy of the dead body Julius Caesar.
 483-565 B.C.JUSTINIAN: in his Digest, he made mentioned that a physician
is not an ordinary witness and that a physician gives judgment rather than
testimony. This lead to the reorganization of expert witness in court.
HISTORY OF LEGAL MEDICINE
 1209 POPE INNOCENT III: issued an edict providing for appointment
of doctors to the court for determination of the nature of wounds.
 1234 POPE GREGORY IX: the preparation of Nova Compilatio
Decretalium which concerns medical evidence, marriage, nullity,
impotence, delivery, caesarian section, legitimacy, sexual offenses,
crimes against person and witchcraft.
 1584-1659 PAULUS ZACCHIAS: a Papal physician regarded as the
"Father of Forensic Medicine"; he published Questiones
Medico-
legales which deals with the legal aspects of wounds.
 1598 SEVERIN PINEAU: he confirmed the existence of hymen and
that it may not rupture during sexual intercourse.
 1787-1853 ORFILA: introduced the chemical method in toxicology. he
was then later considered as the founder of modern toxicology
MEDICAL JURIST
A physician who specializes or is involved primarily with
medico-legal duties
Also known as
Medical examiner
Medio-legal officer
Medico-legal expert
On December 23, 1975, PD 856 was promulgated and Sec. 95 provides:

 Persons authorized to perform autopsies:


 Health Officers
 Medical Officers of law enforcement agencies.
 Members of the medical staff of accredited hospitals.

 Autopsies shall be performed in the following cases:


 Whenever required by special laws;
 Upon order of competent court, a mayor and a provincial or city fiscal;
 Upon written request of Police Authorities;
 Whatever the Solicitor General, Provincial or City Fiscal deem it necessary to
disinter and take possession of the remains for examination to determine the
cause of death; and
 Whenever the nearest kin shall request in writing the authorities concerned to
ascertain the cause of death.
LAW- is a rule of conduct, just, obligatory, laid by legitimate
power for common observance and benefit.

Forms of Law
 Lex Scripta - written or statutory law
 Lex non Scripta - Unwritten or Common Law

 Forensic- It denotes anything belonging to the court


of law or used in court or legal proceedings.
 Legal – is that which pertains to law, arising of, by
virtue of included in law.
 Jurisprudence - it is practical science which
investigates the nature, origin, development and
function of law.
 LEGAL MEDICINE - is a branch of medicine which deals with the
application of medical knowledge to the purposes of law and in the
administration of justice
- primarily the application of medicine to legal cases

 FORENSIC MEDICINE - concerned with the application of medical


science to elucidate legal problem.

 MEDICAL JURISPRUDENCE (Juris-law; Prudentia - knowledge) -


denotes knowledge of law in relation to the practice of medicine.
-is a branch of law which deals with the organization and regulation of
the medical profession.

 MEDICAL JURIST (MEDICO-LEGAL EXPERT) – Is a physician who


specializes or is involved primarily with medico-legal duties.
Principle of Stare Decisis
 When the court has once laid down a principle of law or
interpretation as applied to a certain state of facts, it well
adhere to and apply to all future cases where the facts are
substantially the same

Ex. The Lens of the Camera


RES IPSA LOQUITUR – The thing speaks for itself.

 Branches of Law Where Legal Medicine may be applied:


 a. Civil Law
 b. Criminal Law
 c. Remedial Law
 d. Special Laws
Basic Principles governing Application and Effects
of Laws
1. Ignorance of law excuses no one - ignorantia legis nominem
excusat
2. Laws shall have no retroactive effect, unless favorable to the
accused who is not
habitually delinquent.
 Certain rights can be waived, unless the waiver is contrary to the
law, public policy, morals or good customs or pre judicial to a third
person with a right recognized by law.
 rights- the power, privilege, faculty which entitles a man to do so.
 waiving is the intentional or voluntary relinquishment or
surrendering of known rights
M EDICAL EVIDENCE
Evidence- is the means sanctioned by the Rules of Court, of
Ascertaining in a judicial proceeding the truth respecting a matter of
fact .
 Forms/Types of Medical Methods of Preserving Evidence
 Photography and sound recording
Evidence
 Sketching
 Real /Autoptic
 Description
 Testimonial (ordinary and  Manikin Method
expert)  Preservation in the mind of the witnesses
 Experimental  Special Methods

 Documentary
 Whole body embalming
 Soft tissues
 Physical  Blood
Types of Physical evidence  Stains(blood/semen)
 corpus delicti
 poison

 associative evidence Evidence Necessary for Conviction


 tracing evidence
 Direct Evidence
 Circumstantial evidence
WEIGHT AND SUFFICIENCY OF
EVIDENCE
 1. Preponderance of Evidence - in civil case the party having the
burden of proof must established his case by a preponderance of evidence

 2. Proof Beyond Reasonable Doubt - in criminal case, the defendant


is entitled to an acquittal, unless his guilt is shown beyond reasonable
doubt

 Kind of Witnesses
 
 Expert witnesses – can give expert opinion based on science, art or trade.

 Ordinary Witnesses – can describe based on personal knowledge ( Perceive


through human senses)
The Medico-Legal System
 Medico-legal Office System
-used in the Philippines at present which is handled by a Medical
Jurist or
Medico-legal Officer who is a registered physician duly qualified
to practice medicine in the Philippines.
 Medical Examiner System
-In some parts of the United States
 Coroner System
-probably originated in England,
The name “Coroner” is probably derived from the title “Custodes
Placitorum Coronne” or “Keeper of the King’s Pleas” as
mentioned in Articles of Eyre of 1194.
Medico-legal Aspect of Identification
Importance of Identification of Person

 In the prosecution of criminal offense, the identity of the offender and


that of the victim must be established; otherwise it will be a ground for
the dismissal of charged or acquittal of the accused.

 The identification of a person missing or presumed dead will facilitate


settlement of the estate, retirement, insurance, and other social benefits.

 Identification resolves for the next-of-kin, other relatives and friends as to


where about of a missing person or victim of calamity or criminal act.

 Identification may be needed in some transaction, like cashing of check,


release of dead bodies to relatives' parties to a contract, and etc.
Medico-legal Aspect of Identification
 When an unknown body is found, the
following should be noted by the
investigator to facilitate identification

 Place where body is found


 Time when found
 Cause of Death
 Time when death occurred
 Approximate age
 Supposed profession
 Description of the body
Medico-legal Aspect of Identification
LAW OF MULTIPLICITY OF EVIDENCE IN
IDENTIFICATION.
-The greater the number of points of similarities and
dissimilarities of two persons compared, the greater
is the probability for the conclusion to be correct.

Methods of Identification
 comparison
 exclusion
Ordinary Methods of Identification
(applicable to living persons only)
 Characteristics which may easily be changed:
 Growth of hairs
 Clothing
 Frequent place of visit
 Grade of profession
 Body ornamentations
 Characteristics which may not easily be changed:
 Mental memory
 Speech
 Gait
Ordinary Methods of Identification
Characteristics which may not easily be changed:

- Mannerism
 Hands and Feet
 Complexion
 Changes in the eyes
 Facies
 Left- or –right-handedness
 Degree of nutrition
Medico-legal Aspect of Identification
 Points
of Identification applicable to both living and dead
before onset of decomposition
 Occupational marks  Injuries leaving
 Race – Color of skin, shape of skull permanent result
 Stature  Moles
 Teeth  Scars
 Tattoo Marks  Tribal marks
 Weight  Sexual organ
 Deformities  Blood Group
 Birth Marks  Fingerprint
Extrinsic Factors in Identification
Ornamentations
Personal Belongings
Wearing Apparel
Foreign Bodies
Identification by close friends or relatives
Identification records on file at the police
department, immigration bureau, hospitals, etc.
Identification photograph
Gait Patterns
 Is the series foot marks of a person by running or walking
 Note: when the distance between the center points in two successive
heel prints of the two feet exceeds 40 inches- presumption the person is
running.
STATURE-
 a person cease to increase in height after the age 25 yrs.
 The growth of a person rarely exceeds 5 cm after the age of 18 yrs
 The rate of growth is most active in the age of 5- 7 and 13-16 yrs of
age
TATTOO MARKS- introduction of coloring pigment in the layers of the
skins by multiple puncture
PORTRAIT PARLE (spoken picture) is verbal, accurate and pictures-que
description of the person identified
Ambidextrous- people can use their right hand and left hand with equal
skill
Bibliotics- is the science of handwriting
LIGHT AS FACTOR IN IDENTIFICATION
 Clearest moonlight - person cannot be recognized at
greater distance of 16-17 yards
 Starlight- not further than10-13 yards

Broad Daylight- a person is hardly recognized at a


distance
farther than 100 yards if the person has never been seen
before.
 Person who are almost strangers may
be recognized as a distance of 25 yrds
 Flash of firearms - letter two inches high
can be read with the aid of the flash of
cal.22 firearm at the distance of 2 feet
LIGHT AS FACTOR IN IDENTIFICATION
 Clearest moonlight - person cannot be recognized at
greater distance of 16-17 yards
 Starlight- not further than10-13 yards

Broad Daylight- a person is hardly recognized at a


distance
farther than 100 yards if the person has never been seen
before.
 Person who are almost strangers may
be recognized as a distance of 25 yrds
 Flash of firearms - letter two inches high
can be read with the aid of the flash of
cal.22 firearm at the distance of 2 feet
Points to consider in the Determination of AGE
 Pubic hair appear- age 13 in female and 14 in male
 Mustache and beard- 16-18 yrs
 Breast commences- 13-14 yrs
 Male develop low tone voice- bet. Age of 16-18yrs
 Hair turn to gray- after 40 yrs
 Pubic hair may turn gray at the age of 50 yrs
 Menstruation in women-12 yrs but in warm countries it may
start earlier age.
 Length of hair- scalp grows 2.5 cm a month
 Beard hair grows at the rate of 0.4mm a day
Odontology -Dental identification- adult has 32 teeth
PD 1575- requiring the dentist to keep records of their patients
Right Left

1 16

32 17
Identification of the skeleton
 The oval or round shape of the skull and the less
prominent lower jaw and nasal bone are
suggestive of human remains
Medico-legal Aspects of Death
 DEATH - termination of life.
It is a complete cessation of all vital functions without possibility of
resuscitation and it is irreversible loss of the properties of living
matter.

 Dying – is a continuing process of cessation of organs and cells

 TYPES OF DEATH

 Brain death - death occurs when there is deep irreversible coma,


absences of electrical brain activity and complete absence of all
vital function of body without the possibility of resuscitation

 Cardio-respiratory death - death occurs when there is a continuous


and persistent cessation of heart action and respiration
Medico-legal Aspects of Death
Kinds of Death

1. Somatic or Clinical Death – state of the body in which there is


complete, persistent and continues cessation of the vital functions
of there brain, hearth and lungs which maintain life and health.

 Clinical types of Death


 Sociological Death- withdrawal and separation from the patient by others producing a
sense of isolation and abandonment.

 Psychic Death- the condition of death wherein the patient regresses, give up surrenders
accepting death prematurely and refuses to continue living.
 Biological death- type of death characterized by the absence of cognitive function or
awareness, although artificial support system may maintain organs functioning.
 Physiologic Death- type of death when all vital organs ceases to function.
Medico-legal Aspects of Death
 Kinds of Death

2. Molecular or Cellular Death – cessation of life of the individual cell


in the body which occurs one at a time after somatic death. The
death of the individual cell within 3-6 minutes.

3. Apparent Death or State of Suspended Animation – not really


death but merely a transient loss of consciousness or temporary
cessation of the vital functions of the body on account of disease,
external stimulus, it may arise especially in hysteria, uremia,
catalepsy and electric shock.
Medico-legal Aspects of Death
Causes of Death
 Natural Death
 Violent Death –
 Accident,
 Negligent,
 Infanticide,
 Parricidal ,
 Murder,
 Homicidal
 Judicial Death
Medico-legal Aspects of Death
 SIGNS OF DEATH

1. CESSATION OF HEART ACTION AND CIRCULATION - there must be


entire and continuous cessation of the heart action and flow of blood in the
whole vascular system.
General rules – no heart action for 5 min death is regarded as certain

Methods of Detecting the Cessation of heart


Action and Circulation :
EXAMINATION OF HEART
 Palpation of the heart 
 Auscultation for heart sound at the precordial area 
 Fluoroscopic examination – the chest will reveal the shadow of heart in
rhythmic contraction.
 Use of electrocardiograph – record the heart beat even if it too weak.
Medico-legal Aspects of Death
EXAMINATION OF PERIPHERAL CIRCULATION
 Magnus test – ligature is applied around the base of the finger with
moderate tightness. If there is no change, it is dead.
 Opening of small artery – living, the blood will escape of the jerk
and at distance, dead, if blood vessel is white and opposite.
 I card’s test – by application of injection of a solution of
fluorescence subcutaneously. If dead man, the solution will just
remain at the site of injection.
 Pressure in fingernails – pressure is applied on the fingernails
intermittently. There will be a zone of paleness at the site of
application of pressure which becomes livid on release.
Medico-legal Aspects of Death
EXAMINATION OF PERIPHERAL CIRCULATION
 Diaphanous test – fingers are spread wide and finger webs are
viewed through a strong light. Finger webs are red, if living and
yellow if dead.
 Application of heat on the skin – a dead man, it will not produce
true blister and there is no sign of congestion, or vital reaction and in
living person there are blister reaction and other vital part will
injured.
 Palpation of radial pulse – palpation of radial artery with the
finger and absence of pulsation area will observe as dead man.
 Dropping of melted Wax –on the breast
Medico-legal Aspects of Death
2. CESSATION OF RESPIRATION -cessation of respiration in order
to be considered as a sign of death must be continuous and persistent.
note: A person can hold his breath for a period not longer than of
31/2minutes

Method of Detecting Cessation of Respiration


 Movement of chest and abdomen

 Examine the person with the aid of stethoscope.


 Examination with a mirror - a cold-looking glass is held in front of
the mouth and nostrils.
Medico-legal Aspects of Death
Method of Detecting Cessation of Respiration
 Examination with a feather or cotton fibbers
- living, if the feather or cotton will move, without
intervention or external air.

 Examination with glass of water - places glass


half water at the region of the chest. If the surface
of water will move, respirations take in place.

 Winslow’s test - if there is no movement of


image formed from by using artificial light or
sunlight on a water or mercury in a saucer placed
on the chest or abdomen
Medico-legal Aspects of Death
3. COOLING OF THE BODY (ALGOR MORTIS)
 the metabolic processes and biochemical changes in the body produce heat
and energy and function of the hypothalamus which is controlling body
temperature.

 Dead body reaches environmental temperature in 12 hours.

 Note:
normal temperature in a living person is 37 0
C or 98.4 0F.
150F or 20 0F is considered as death of the body.

12 to15 hrs after death the body attains the temperature


of the surrounding in tropical countries
Medico-legal Aspects of Death
 POST MORTEM CALORICITY – is the rise of temperature of
the body after due to the rapid and early putrefactive changes or
some internal organ. It is usually observed in the first two hours
after death.

 Itmay occur in the following


 conditions:
 cholera
 yellowfever
 rheumatic fever
 tetanus
 smallpox
Medico-legal Aspects of Death
 SIGNS OF DEATH
Changes in the eyes
a) loss of corneal and light reflex
b) haziness of the cornea
c) fixation of pupil
d) flaccidity of the eyeball
 
Changes of the skin
a) change in color
b) loss of elasticity of the skin-
Post mortem contact flattening
become flatten all over the area
c) opacity of skin
diaphanous test – finger web
d) absence of reaction to injury
Medico-legal Aspects of Death
 CHANGES OF THE BODY AFTER DEATH

Change in the muscles:


a. Stage of primary flaccidity

 - complete relaxation of all


 muscles
- when muscles are subjected to electrical stimulation, the
muscles will contract owing to the presence of life of the
individual cells.
 - this stage lasts for 4-3 hours after death
Medico-legal Aspects of Death
 CHANGES OF THE BODY AFTER DEATH
b. Stage of postmortem rigidity or RIGOR MORTIS
(Cadaveric rigidity)
 3 to 6 hours after death
 Starts -muscles of the neck and lower jaw and spreads
downwards to the chest, arms, and lower limbs.
 Usually the whole body becomes stiff after 12 hours.
In temperate countries –
 usually appears 3 to 6 hrs but in warm countries earlier
 and last 2 or 3 days after death, but in warm countries it may
earlier.
 In tropical countries-
 last 24 – 48 hours during cold weather a
 18 – 36 hours during summer after death.
Medico-legal Aspects of Death
Conditions Simulating Rigor Mortis:
 Heat Stiffening – if the dead body is exposed to temperatures above 75 0C it will
coagulate the muscle proteins and cause the muscle to be rigid.

 Cold Stiffening – The stiffening of the body may be manifested when the body is
frozen due to the solidification of fat when the body is exposed to freezing temperature.

Cadaveric Spasm or
Instantaneous Rigor –occurs at
the moment of death due to
extreme nervous tension,
exhaustion and injury to the
nervous system or injury of the
chest.
Medico-legal Aspects of Death
 c. Stage of secondary flaccidity
 muscles do not respond to electrical stimulus. Onset of putrefaction,
dissolution of muscle proteins that have previously been coagulated.

A. Coagulation of the blood- blood remain fluid


inside the blood vessels after death for 6-8 hrs

 POST MORTEM LIVIDITY or LIVOR


MORTIS– brownish-red discoloration of the
skin at the most dependent portion of the
dead body.
 Appears 3 to 6 hrs after death and complete
in about 12 hours
Medico-legal Aspects of Death
 Importance of determining post mortem lividity
1. Sign of death
2.Approximates the time of death
3. Determine the position of the body after death
4.May indicate the cause or manner of death
 
 Kinds of postmortem lividity
1. Hypostatic lividity –early stage
– when discoloration is due to blood pooled at
the most dependent areas of the body,
but still inside the blood vessel, blood is fluid.
2. Diffusion lividity -later stage
- fixed discoloration when the blood clotted inside the blood vessel.
- clotting of blood, post mortem occurs after 7-8 hours.
Medico-legal Aspects of Death
 d. Putrefaction
-breaking down of the complex protein into simpler component

-the dissolution of tissue by its enzymes and bacteria that result to


softening and liquefaction, usually accompanied with liberation of
putrid gases and change of color of tissues, appears on the 2ndday.

 Decomposition - the action of bacteria on the dead body. gases:


ammonia, co 2, methane, phosphorus, merceptans- offensive odor

 Temperature for specific decomposition is 70 oC to 100 oC


 Decompostion does not occur at the temperature below 32 oF or
about 212o F
 Tropical countries demposition set in 24-48 hrs after death
Medico-legal Aspects of Death
• rigor mortis, muscles soft
and flaccid, greenish
discoloration of abdomen,
flies and ova seen
1-2 days • 12 hours -Present of rigor
mortis all over.
• 24 hours-Absence of rigor
mortis
• 48 hours-ova of flies seen
Medico-legal Aspects of Death
• abdomen distended
formation of blister and
3rdday blebs.
• Maggots seen
• further bloating and
1 week discoloration of skin

• hairs and nails


2 week
nd
detached.

1 month • body skeletonized


Medico-legal Aspects of Death
 FACTORS INFLUENCING PUTREFACTION
Internal factors:
1. Body temperature - warm temperature is conducive to decomposition
2. Condition of the body – robust or stout bodies has faster putrefaction than thin
ones.

External factors:
1. Air & moisture – sufficient air and moisture enhance putrefaction
2. Condition of type of soil – moist fertile soil enhance putrefaction
3. Presence of water
4. Clothing - prevents or delays putrefaction because it protects the body
from ravages of flies and other insects
5. Effect of coffin – delayed especially if it is airtight
6. Depth of burial – the deeper, the more delayed
7. Mass grave – faster putrefaction if 2 or more dead bodies are placed
Medico-legal Aspects of Death
FORMS OF PUTREFACTION:
1. MUMMIFICATION
 – removal of body fluid before decomposition takes place
resulting to shrinking and preservation of the body. Dry, hot, sandy soil
with sufficient air, the body become dried and preserved.

Two Kinds

a. natural b. artificial
Medico-legal Aspects of Death
FORMS OF PUTREFACTION:
2. SAPONIFICATION ADIPOCERE FORMATION

 - formation of soft, greasy substance in the soft, fatty tissues of


the body after death formed by the hydrolysis and hydrogenation
of body fats.

3. MACERATION - softening of tissues due to the action of


autolytic and proteolytic enzymes in the absence of bacteria.

-frequently observed in the death of the fetus in the uterus.


Stage of digestion of food
 Normally 3-4 hrs for the stomach to
evacuate its contents after meals
 Size of the last meal- stomach usually
starts to empty within 10 min. after
the first mouthful has entered.

Presence of live fleas in the clothing in


drowning cases.
 Flea can survive for approximately 24
hrs submerged in water, if more than
that period no longer can revived.
 If the fleas still move, then the body
has been in water for a period less
than 24 hrs
MEDICO-LEGAL INVESTIGATION OF DEATH
FOLLOWING ARE AUTHORIZED TO
INVESTIGATE

 Provincial and city fiscal


 Judge of Court of first Instance
 Justice of Peace
 Director of NBI
 Chief of Police
Presumption of Death
 Disputable Presumption- rules of court sec 96, Rule 123 that a person
not heard, seen or absent for 7 years is dead.

4 YEARS:
 A person on board a vessel who lost during a sea voyage or an
airplane which is missing who had not been heard
 
 A person in military or armed forces who has taken part in war and
has been missing.
 
 A person who has been danger of death under other circumstances
and his existence has not been known.
MEDICO-LEGAL INVESTIGATION OF DEATH
 AUTOPSY – is a comprehensive study of a dead body, performed by a trained physician
employing recognized dissection procedure and technique, which includes removal of tissue
for further examination.

 KINDS OF AUTOPSIES
 Hospital or non-official autopsy –for the purposes:
 Determining the cause of death
 Providing correlation of clinical diagnosis
 Determining the effectiveness therapy.
 Studying the natural course of disease produced
 Educating students and physicians
 
 Medico-legal or official autopsy – purposes of:
 Determining the case, manner and time of death.
 Recovering, identifying essentially materials.
 Providing interpretation and correlation of facts and circumstances related to death.
 Providing a factual, objective medical report for law enforcement, prosecution and defense agencies.
 Separating death due to disease from death, due to external case for protection of the innocent.
MEDICO-LEGAL INVESTIGATION OF DEATH
 Average Weight of Individual Organs

Organs Male Female both

Heart 300 grams 250 grams

Lungs Right 400 grams &


left- 350 grams

Liver 1,400 grams 1,200 grams

Kidneys 120 – 150 grams

Spleen 150 – 250 grams

Pancreas 90 – 120 grams

Brain 1,358 1,23 grms


DISPOSAL OF DEAD BODIES
 METHODS OF DISPOSAL OF DEAD BODY
  Embalming – is an artificial way of preserving the body after death by injecting 6 to 8
quarts of antiseptic solutions of formalin, per chloride of mercury or arsenic.

 Burial or Exhumation – the body must be buried within 48 hours after death.
(Sec. 1092 Revised Adm. Code) body has a communicable disease- 24 hours after death.

 Disposing of the Dead body in the sea – dead body thrown over board in an open
sea provided that the deceased is not suffering from dangerous communicable disease.
(Sec. 1095 Revised Adm. Code)

 Cremation – is the pulverization of the body into ashes by the application of heat.

 Use of the body for scientific purposes (Sec. 97 P.D. 856 Code of Sanitation) & (Sec.
1107 RAC.)
DONATION OF PARTS OF HUMAN BODY
 Permission to use human organ or portion of human body
for medical for medical or scientific purposes under certain
conditions. (R.A. No. 349 as amended by R.A. 1056)

EXHUMATION
 The DECEASED buried may be raised or disinterred upon
the lawful order the
 proper authorities and the body is exhumed for the
purpose of deforming post-mortem examination.
 

Period of exhumation
Nature of Death Time Exception
Died with After 5 years of Shorter period upon opinion of
communicable interment Secretary of Heath
disease
Without After 3 years of Shorter period upon opinion of
communicable interment Secretary of Heath
disease
Medico-Legal Aspect of Physical Injuries
 Physical Injuries - effects of the application of stimulus to the body
The effect may only be apparent when the stimulus applied is insufficient to cause
injury and body resistance is great. It may be real when the effect is visible.
 Causes of Physical Injuries 
 Physical Violence
 Heat or cold
 Electrical energy
 Chemical energy
 Radiation
 Change in the atmospheric pressure
 Note: Injuries brought about by physical violence - lead to production of wound
 Wound - the solution of the natural continuity of tissue of the living body
 Vital reaction - sum total of all reactions of tissue and organs for which activities of living cells
are necessary.
 Defense wounds - result of instinctive reaction of self-protection
Medico-Legal Aspect of Physical Injuries
CLASSIFICATION OF WOUNDS
As to
Severity
 Mortal wound – wound which is caused immediately
after infliction or shortly there after that is capable of
causing death.

 Non-mortal wound – wound which is not capable of


producing death immediately after infliction or shortly
there after.
Medico-Legal Aspect of Physical Injuries
 As to kind of instrument used.
 blunt instrument (contusion, hematoma, lacerated wound)
 sharp–edge instrument (incised wound)
 sharp-pointed instrument (punctured wound)
 sharp-edged and sharp-pointed instrument (stab wound)
 tearing force (lacerated wound)
 atmospheric pressure (barotrauma)
 heat or cold (frostbite, burns or scald)
 chemical explosion (gunshot or shrapnel wound)
 As to manner of infliction
 Hit
 Thrust or stab
 Gunpowder explosion

 Depth of Wound
 Superficial when involved only layer of the skin.
 Deep involved structure beyond the layer of skin and either penetrating or perforating.
Medico-Legal Aspect of Physical Injuries
As regards the relation of the site of the application of force and location of injury
 Coup injury - injury found at site of the application of force
 Contre Coup - injury found opposite the site of the application of force.
 Coup Contre Coup - injury found at the site and also opposite the application of force
 Locus minoris resistancia - injury found both at the site or opposite the site of the application
of the force but in some areas offering least resistance to the force applied.
 Extensive Injury - injury involving a greater area beyond the site of the application of force.

LEGAL CLASSIFICATION OF WOUND

Mutilation (Art. 262 RPC) – intentionally cutting or mutilate another by depriving him, either
totally or partially, or some essential organ of reproduction.

 Serious physical injuries (Art 263 RPC)- more than 90 days or Deformity – is a condition of
physical ugliness.
 Less Serious physical injuries (Art. 265 RPC)- require medical attendance for 10 -30 days
 Slight physical injuries and maltreatment (Art. 266 RPC) - require medical attendance from
1 -9 days
Medico-Legal Aspect of Physical Injuries
Open Wound
STAB WOUNDS
Medico-Legal Aspect of Physical Injuries
Open Wound
INCISED WOUND
Medico-Legal Aspect of Physical Injuries
Open Wound
MUTILATION WOUNDS
Medico-Legal Aspect of Physical Injuries
Open Wound
LACERATIONS
Medico-Legal Aspect of Physical Injuries
Open Wound
PUNCTURED WOUND
Medico-Legal Aspect of Physical Injuries
Open Wound

AVULSION
Medico-Legal Aspect of Physical Injuries
Open Wound
Gun shot Wound
Medico-Legal Aspect of Physical Injuries
Open Wound
Gun shot Wound

Close range, Pellets and wad


showing smudging recovered
Death or Physical Injuries Brought About by Powder
Propelled Substances:
a. Production of Combustions b. Firearm Wounds
 Bullet - Gunshot wound
 Gunshot Wound
 Flame - Singeing
 Difference between Entrance and
 Smoke -smudging
Exit of gunshot wound
 Gun powder residue -tattooing

ENTRANCE EXIT
1. Appears to be smaller than missile owing to 1. Always bigger than
elasticity of tissue except contact fire. missile
2. Edges inverted 2. Edges averted
3. Usually ovaloid or rounded 3. Variable shape
4. Contusion collar present 4. Contusion collar absent

5. Other product of combustions when firing is near 5. Always absent

6. Paraffin test may be positive 6. Always negative


Death or Physical Injuries Brought About by
Powder Propelled Substances:
 Determination of the distance of fire

 Contact fire - intense laceration & undermining of the point entrance.


Normal bigger than exit.

 Distance of six (6) inches presence of smudging, singeing and tattooing.

 Beyond six (6 inches but within thirty six (36) inches - presence of the
tattooing.

 Beyond thirty six(36) inches only the gunshot wound will be present
GUN SHOT WOUND
Smoke smudging  This
is a contact range
gunshot entrance
wound with gray-black
discoloration from
the burned powder
GUN SHOT WOUND
Gunpowder Tattooing
 Thisis an
intermediate range
gunshot entrance
wound in which
there is powder
"tattooing"
around the
entrance site.
GUN SHOT WOUND

Contusion collar
 Theabrasion ring, and a
very clear muzzle
imprint, are seen in this
contact range gunshot
wound.
GUN SHOT WOUND
ENTRANCE
GUN SHOT WOUND

Muzzle imprint
GUN SHOT WOUND
Shot gun
Fracture

PNP Crime Lab

Shot gun
Death by Asphyxia
 All forms of violent death which results primarily from
the interference with the process of respiration or to
condition in which the supply of oxygen to the blood or
tissue or both has been reduced below normal level.

Hanging
Strangulation by hanging

NOTE: do not untie the knot, just cut it.


Death by Asphyxia
Strangulation
by ligature- is produced by compression
of the neck by means of ligature which
is tightened by a force other than
the weight of the body.

Strangulation
manual or throttling- use of hand or any
metal
Death by Asphyxia
Strangulation
c. special forms of strangulation
c.1. palmar
c.2. garroting- ligature like metal is placed
around the neck and tightened at the
back

c.3. mugging or yoking- The pressure on


the neck is brought about by the pressure
of the flexed elbow.

c.4. compression of neck with stick


Death by Asphyxia
3. Suffocation
a. smothering – closing mouth and nostrils
by solid objects (mud, paper, cloth, etc..)

b. choking
Death by Asphyxia
 4. Asphyxia by submersion in water (drowning)
Submersion for 1-1/2 min is fatal, however a person
may survive after 4 min of submersion
Average time is from 2-5min. depend on the amount
of water block the air passage and penetration in the
lungs

 5. Asphyxia by pressure on the chest

 6. Asphyxia by irrespirable gases


 Carbon Monoxide- “silent killer” an

colorless gas
Form during incomplete combustion
Medico-Legal Aspects of Sexual Crimes
 VIRGINITY – is a condition of a female who has not experienced
sexual intercourse and whose genital organs have not been
altered by carnal connection.
 Kinds
 Moral virginity- applies to children below the age of puberty and
whose sex
organs and secondary sex characters are not yet
developed.
 Demi-virginity- a condition of a woman who permits any forms of
sexual liberties as
long as they abstain from rupturing the hymen by
sexual act.
 Virgo-Inacta
Parts of the female body to be considered in
determination of virginity:
 Breas
t A fully developed breast may be classified according to
shape as
follows:
 Hemispherical
 Breast
Conical
 Breast
Infantile or Flat
 breast
Pendulous
Breast
 Vaginal Canal
 Labia Majora and Labia Minora
 Fourchette- it present a V shape appearance of the two
labia
minora unite posteriorly
 Hymen
Medico—Legal Aspects of Pregnancy
 Pregnancy – is a state of a woman who has within her body the
going product of conception.

 Legal importance of the study of pregnancy

 Pregnancy ground for the suspension of the execution of the


death sentence in women
 A conceived child is capable of receiving donation.
 Duration of pregnancy – 270-280 days from onset of last
menstruation. (9 months)
 Abnormally prolonged gestation – beyond 300 days. (10 months)
 Minimum period of gestation – compatible with viability of the
child born at 180 days may live.- 6months
Medico-Legal Aspects of Paternity and Filiation

 PATERNITY – is the civil of the father with respect


to the child begotten him.
 FILIATION – is the civil status of the child in
relation to its mother or father.

Legal importance of determining Paternity &


Filiations
  For succession
 For enforcement of the naturalization and immigration laws.
Kinds of children
1. Legitimate children (proper) – born in lawful wedlock or within 300 days after
the dissolution of marriage.

Presumption of Legitimacy –
 There is a valid marriage
 the birth of the child took place after 180 days following the celebration of
marriage or within 300 days following its dissolution or separation of spouse;
 There is no physical impossibility of the husband having access to the wife
during the first 120 days of the 300 proceeding the birth of the child.

This physical impossibility may be caused by:

 The impotence of the husband; the fact that the husband and wife were living
separately in such a ay that access was not possible.
 By the serious illness of the husband.
Kinds of children
 2. Adopted Children

Adoption – is defined the act or proceeding by which of paternity and filiation are
recognized as legally existing between persons not so related by nature. 
 Persons who may be adopted:
 The natural child by the natural father or mother;
 Other illegitimate children, by the father or mother;
 A step-child, by the step-father or step-mother;
 Any person, even if age provided adopter is sixteen years older

 3. Illegitimate Children
a. Natural Children
 Natural Children (proper)-those born outside lawful of parents who, at the time of the conception of the
former were not disqualified by any impediment to marry each other. (result of pre-marital sex)
 Natural children by legal fiction – natural children by legal fiction are those born of void degree of
annulment.
 Natural children by presumption - are those natural children acknowledge the father or the mother
separately if the acknowledging parent was legally competent to contact marriage at the time of
conception.
Illegitimate Children
b. Spurious Children - Illegitimate who are not natural are considered spurious
children may be:

 Adulterous Children – conceived in an act of adultery or concubinage.

 Sacrilegious Children – children born of parents who have been ordained


in sacris.

 Incestuous Children – children born by parents who are legally incapable


of contracting valid marriage because of their blood relations as marriage
between brothers and sisters, father and daughter, etc.

 Manceres – children conceived by prostitute. It is very difficult to determine


the father because of the nature of the work.

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