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arising in courts.
Course Title: SPECIAL CRIME
INVESTIGATION WITH LEGAL Medical Jurisprudence- A branch of law
MEDICINE which dealt on the organization and regulation
of medical profession to promote justice. It
No. of units: 3 units
denotes the knowledge of law in relation to the
Course Description: practice of medicine.
BRIEF HISTORY OF LEGAL MEDICINE
BY: JESSY MAE HAMDAG, MSCrim 1. Imhotep (2980 B. C)- The Earliest Recorded-
Legal Expert –
Course Content
2. Code of Hammurabi- the oldest code law
Module 1 (2200 B.C) included legislation on adultery,
What is Special Crime Investigation? rape, divorce, incest, abortion and violence
1. When called upon to investigate violent Art. 246. Parricide– Any person who shall kill
death, he stands on the dead man’s shoes to his father, mother, or child, whether legitimate
produce his instincts against those suspects. or illegitimate, or any of his ascendants or
descendants, or his spouse, shall be guilty of
2. The enthusiasm and intelligence the parricide.
investigator brings in the case marks the
difference between a murderer being convicted Penalty: ReclusionPerpetua (20 years and 1 day
and set free. to 40 years imprisonment) to death.
4. It may indicate the cause and manner of death a. Contusion – an injury in the substance of the
skin, discoloration of the surface due to
5.There is no injury to the tissues. extravasation of blood. This is due to the
application of a blunt instrument.
6. The color may appear and disappear in the
tissues by shifting the position of the body in the b. Hematoma – this is the extravasation of blood
earlier stages of death. in the newly formed cavity. c.
Characteristics of Post-Mortem Lividity c. Abrasion – an open wound characterized by
the removal of the epithelial layer of the skin
1. It occurs in the most extensive areas of the
brought about by the friction against hard, rough
most dependent portion of the body. 2. It
object.
involves the superficial layer of the skin, lungs,
intestines, kidneys, and brain. d. Incised wound – produced by forcible contact
on the body by sharp edge instrument.
3. Color is uniform in the tissues.
e. Stab wound – produced by the forcible
4. It is not elevated from the skin, lungs,
application and penetration of a sharp
intestines, kidneys and brain.
instrument.
5. There is no injury to the tissues.
f. Punctured wound – penetration of a sharp
6. The color may appear and disappear in the pointed weapon g. Lacerated wound – tearing of
tissues by shifting the position of the body in the the skin due to forcible contact of a blunt
earlier stages of death. instrument.
7. CHANGES IN STOMACH. It usually takes Evidence to Show the Fatal Effects of the
three to four hours for the stomach to empty its Wound
contents after meals.
1. Amount of hemorrhage
Examination of the Cadaver at the Crime Scene
2. Size of the injury sustained
External post mortem appearances are very
3. Organs and parts of the body involved
informative. The areas of the body showing
lividity, indicate the position after death. 4. Mechanical effects on vital organs Gunshot
Wounds
Wounds and their appearance are particularly
significant as they often assist in reconstructing All gunshot wounds result from the entry of a
the circumstances of a crime, the nature of the projectile into the body, and the frequent
murder weapon and the manner of its use. presence of undispersed explosive gases. The
relative size and appearance of the wound will
be affected by the distance from which the 3. Portions of the body involved are those
weapon was discharged. Generally, the closer accessible to the hand of the victim utilized in
the discharged to the skin, the greater the committing suicide, he will not think of the
damage. This damage is due to explosive gases difficult way of ending his life unless he has the
which precede the projectile at close range. intention of deceiving the investigators.
In some investigations involving firearms, a 4. History of despondency, family problem
determination of whether the death was a which may cause him to commit suicide.
homicidal, suicide or accidental is difficult. In
B. Evidence to show that the wound is
making such determination, the distance of the
accidental:
discharge is of great importance.
1. Usually there is but one shot.
Majority of suicidal and accidental gunshot
cases, arm’s length discharges are involved. 2. There is no special area of the body involved
Accordingly, if the wound indicates discharge 3. Testimony of the witnesses
beyond the victim’s length, homicide is
indicated. The location of the wound may also C. Evidence to show that the wound is
serve to rule out suicide. If the wound is located homicidal:
in an area of the body that is relatively 1. The site or sites of the wound of entrance has
inaccessible to the victim, homicide is indicated. no point of election.
It is also unusual for a suicide wound to be
inflicted in an area other than the head of chest. 2. The fire is made when the victim is usually
However, there have been a number of suicide some distance away from the assailant
cases involving wounds in extremities.
3. Signs of struggle/ defense wound maybe
The presence or absence of a “suicide note” is a present in the victim.
poor indicator of suicide or homicide.
4. There maybe disturbance of the surrounding
Two Types of Wounds: on the account of the previous struggle.
Time of Death- 12 hours- Rigor mortis present Changes in the stomach- It takes normally 3 to 4
all over. hours for the stomach to evacuate its content
after meal.
Hypostasis well- developed and fixed
Presence of Live Fleas in the Clothings in
Time of death- 24 Hours- Rigor Mortis absent Drowning Cases- A flea can survive for
all over. approximately 24 hours submerged in water.
Green discoloration over whole abdomen and Changes in the Blood- Blood clots inside the
spreading to chest. blood vessels in 6 to 8 hours after death.
Abdomen distended with gases. DE coagulation of blood occurs at the early
Time of Death- 48 hours- Ova Flies seen. stage of decomposition. Presence or absence of
Soft Tissues in Skeletal remains- Under ordinary
Trunk bloated. condition, the soft tissues of the body may
disappear 1 to 2 years’ time after burial.
Face discoloured and swollen.
SPECIAL MODIFICATION OF
Blister present.
PUTREFACTION
Moving maggots seen.
a. Mummification- This is the dehydration
Time of Death- 72 hours- Whole body grossly of the whole body which results in the
swollen and disfigured. Hairs and nails loose. shivering and preservation of the body.
Tissues soft and discoloured b. Saponification or Adiopocere
Formation- This is the condition of the
Time of Death- 1 week- Soft viscera putrefied body wherein the fatty tissues of the
Time of Death- 2 weeks- Only more resistant body are transformed to soft brownish-
viscera distinguishable. Soft tissues largely white substance known as adiopocere.
gone.
b. Maceration- This is the softening of the
Time of Death- 1 month- Body skeletonised tissues when in a fluid medium in the
Onset of Decomposition absence of putrefactive microorganism
which is frequently observed in the means of violence or intimidation of any person,
death of the fetus en utero. or by using force upon anything shall be guilty
of robbery.
c. ACCIDENTAL DEATH
Elements of Robbery
Is death which occurs beyond the sway of ones
1. That there be personal property belonging to
will and although it comes about through some
another;
act of will, lies beyond the bounds of human
forceable consequences. 2. That there is unlawful taking of that property;
How Accidental Deaths Occur 3. That the taking must be with intent to gain;
and
1. Examination of the body revealed marked
tearing of the wearing apparel, burns of different 4. That there is violence against or intimidation
degrees on the skin surface, wounds of almost of any person, or force upon things.
any description and almost the whole body is
affected by the injury. How robbery with force upon things is
committed?
2. History of a thunderstorm that took place in
the area. The malefactors shall enter the house or building
in which the robbery was committed by any of
3. Evidence of the effects of lighting are found the following means:
in the vicinity, like damages to house, tress, etc.
1. Through an opening not intended for entrance
4. Metallic articles are fused or magnetized.
2. By breaking any wall, roof, floor or breaking
5. Absence of wound or other injuries indicating any window or door.
suicidal or homicidal death.
3. By using false key or picklocks
6. Fusion of glass materials in the neighborhood
on account of extreme heat. 4. By using fictitious name or pretending the
exercise of public authority
ELECTROCUTION
5. By breaking of doors, wardrobes, closets or
Accidental Electrocution any kind of locked or sealed furniture or
receptacle
1. Presence of high voltage wire at the scene of
death. 6. By taking such furniture or objects away to be
broken or forced open outside the place of
2. Body surface injuries as probably site of
robbery.
entrance and exit of electric current
General Types of Robbers
3. Death develops suddenly as victim not able to
get away from the place of electrocution. 1. Amateurs – motivated by greed, the desire for
a thrill and self-testing.
4. Absence of evidence to show suicidal or
homicidal. 2. Professionals – are those person who worked
as robbers as a trade making it their living and
ROBBERY INVESTIGATION
having no other means of income.
Article 293 – RobberyinGeneral
Note: Robbery – This is the taking or personal
Any person who, with intent to gain, shall take property belonging to another, with intent to
any personal property belonging to another by gain, by means of violence against, or
intimidation of any person, or using force upon of this crime under ART. 294, even if taking is
anything. Two Kinds of Robbery: already complete when violence was used by the
offender.
1. Robbery with violence or intimidation; and
j. Use of force upon thing – entrance to the
2. Robbery with force upon things.
building by means described and ART. 299 and
a. Belonging to another – person from whom 302 (Offender must enter).
property was taken need not be the legal owner,
The other kind of robbery is one that is
possession is sufficient.
committed with the use of force upon anything
The property must be personal property and in order to take with intent to gain, the personal
cannot refer to real property. property of another. The use force here must
refer to the force employed upon things in order
b. Name of the real owner is not essential so to gain entrance into a building or a house.
long as the personal property taken does not
belong to the accused except if crime is robbery (People vs. Adorno, C.A. 40 0.G.567). k. When
with homicide. both violence or intimidation and force upon
things concur – it is robbery with violence
c. Taking of personal property – must be Robbery and Theft, compared.
unlawful; if given in trust – estafa.
a. Both robbery and theft involved unlawful
d. As to robbery with violence or intimidation – taking as an elements;
from the moment the offender gains possession
of the thing even if offender has had no b. Both involve personal property belonging to
opportunity to dispose of the same, the unlawful another;
taking is complete.
c. In both crimes, the taking is done with intent
e. As to robbery with force upon things – thing to gain; d. In robbery, the taking is done either
must be taken out of the building. with the use of violence or intimidation of
person or the employment of force upon things;
f. Intent to gain – presumed from unlawful whereas in theft, the taking is done simply
taking – intent to gain may be presumed from without the knowledge and consent of the
the unlawful taking of another’s property. owner.
However, when one takes a property under the Investigative Techniques in Robbery cases:
claim of ownership or title, the taking is not
considered to be with intent to gain. (U.S. vs. a. The investigator must initiate similar
Manluco, et. al., 28 Phil.360) preliminary steps upon reaching the crime scene.
g. When there’s no intent to gain but there is b. Determine the point of entrance and point of
violence in the taking- grave coercion. exit by the perpetrator.
h. Violence or intimidation must be against the c. Determine the value of stolen articles.
person of the offended party, not upon the thing.
d. The full and detailed description of the stolen
i. General rule: violence or intimidation must be articles.
present before the “taking” is complete.
e. Gather physical evidence.
Exception: when violence results in-homicide,
f. Determine the modus operandi of the
rape, intentional mutilation or any of the serious
perpetrator as it would give leads in the
physical injuries in par. 1 and 2 of ART. 263, the
identification and arrest of the suspect.
taking of property is robbery complex with any
g. Full and detailed description of a get-away i. Exploit investigative leads.
vehicle if any, or vessel, boat in cases of piracy.
j. Written testimony of the complainant witness.
h. Coordinate with other law enforcement
k. Accumulate clues and traces at the scene of a
agencies.
crime which will serve to identify the offender.
i. Exploit investigative leads.
l. Develop informants in the local underworld
j. Written testimony of the complainant witness. who are aware of the activity of robbery,
particularly the activity of the semi-skilled
k. Accumulate clues and traces at the scene of a
amateur groups. (usually the addict-robber)
crime which will serve to identify the offender.
m. Conduct a surveillance of likely fences and
Robbery and Theft, compared.
uncover and trace back stolen property from its
a. Both robbery and theft involved unlawful receiver to the robber.
taking as an elements;
n. Conduct surveillance of known burglars to
b. Both involve personal property belonging to ascertain if they are presently committing
another;
l. Develop informants in the local underworld
c. In both crimes, the taking is done with intent who are aware of the activity of robbery,
to gain; particularly the activity of the semi-skilled
amateur groups. (usually the addict-robber)
d. In robbery, the taking is done either with the
use of violence or intimidation of person or the m. Conduct a surveillance of likely fences and
employment of force upon things; whereas in uncover and trace back stolen property from its
theft, the taking is done simply without the receiver to the robber.
knowledge and consent of the owner.
n. Conduct surveillance of known burglars to
Investigative Techniques in Robbery cases: ascertain if they are presently committing
c. Determine the value of stolen articles. q. In cases where homicide is committed, follow
the pattern of homicide investigation.
d. The full and detailed description of the stolen
articles. 3. Clothing – sometimes the robbers exchange
their own jackets with that one found.
e. Gather physical evidence.
4. If a window was broken in effecting entry,
f. Determine the modus operandi of the glass particles maybe presents in the trouser
perpetrator as it would give leads in the cuffs and pockets of suspect. Samples of broken
identification and arrest of the suspect. glass should be collected for possible future
g. Full and detailed description of a get-away comparison in the event that a suspect is picked
vehicle if any, or vessel, boat in cases of piracy. up.
4. That in the commission of the offense, any of 3. Interview of the possible witnesses
the following circumstances is present: 4. Checking the modus operandi
a. That the kidnapping of detention lasts for 5. Possible identification through the
more than 3 days photographic files
b. That is committed simulating public authority 6. Coordination with other law enforcement
c. That any serious physical injuries are agencies
inflicted upon person kidnapped or detained of Kidnapping where ransom is involved:
threats to kill him are made; or
Phase I.
d. That the persons kidnapped is a minor,
female, or a public officer. When a complaint is received, the family of the
victim is requested to remain in touch to
Any private individual who shall kidnap or accumulate information needed.
detain another, or in any other manner deprives
him of his liberty. The following types of information must be
taken:
The perpetrator shall suffer the penalty of
reclusion perpetua to death if: 1. How the demand was made
2. Request the family to refrain from divulging 1. Remember that kidnap for ransom gang must
the contents of the letter, note or call to anyone be treated as witty, experienced and dangerous
except to the police authorities. armed criminals.
3. Emphasize the importance of news blackout 2. Any slightest mistake on the part of the police
as essential to the victim’s safety would mean death of the victim
4. Obtain and preserve the ransom note for 3. Initiate secrecy discipline not only on the
laboratory examination. victim’s family but also within the police.
5. Determine if the family intends to pay the 4. Experienced, trusted personnel must be
ransom, investigators should avoid giving the utilized
opinion as to ransom payments
5. Equipped with sophisticated communication
6. Find ways and means to verify if the victim is system
still alive.
Problems in the Investigation of Kidnapping
7. Conduct family background investigation Cases:
8. Conduct covert investigation of household 1. Out of fear, the family of the victim does not
helpers want to cooperate with the police.
9. Arrange for wiretapping operations in 2. The case is only reported after payoff of the
accordance with RA 4200 ransom money or the victim had been found
dead.
10. Establish possible motives
Phase II.
Sexual Crimes
After the victim has been returned or the body
has been located. After the victim has been What is virginity?
returned dead or alive, the investigation changes,
an all out investigation are conducted in It is a condition of a female who has not yet
accordance with the second objective, to identify experienced sexual intercourse and genital organ
and apprehend the suspects. Investigative have not been altered by carnal connection.
procedure includes: Kinds of Virginity
1. Thorough interview of the victim. 1. Moral – state of not knowing the nature
2.All details should be obtained. of sexual life and not having
experienced sexual relation
3. Re interview all witnesses 2. Physical – woman is conscious of the
nature of the sexual life but has not
4. Conduct surveillance
experienced sexual intercourse.
5. Determine whether the kidnapper is familiar 3. Demi-virginity- woman who permits
with the victims, residential area, habits and any form of sexual liberties as long as
financial status. they abstain from rupturing the hymen
4. Virgo intacta- truly virgin woman
6. If the victim is dead follow the pattern of
homicide investigation
Pointers to be considered in Kidnapping Chastity- is a state or practice of refraining from
Cases: all sexual intercourse.
Degree of laceration
1. Incomplete laceration
a. Superficial
b. Deep
2. Complete
3. Compound or complicated