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SPECIALIZED CRIME

INVESTIGATION 1
with Legal Medicine

(2nd Sem. 2022-2023)

Lecturer:
ROLANDO M CHUA
Police Superintendent (Ret.)
Special Crime Investigation – Is
the investigation of cases that are
unique and often require special
training to fully understand their
broad significance.

Special Crime Investigation – It


deals with the study of major crimes
based on the application of special
investigative techniques
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. It is the
application of basic and clinical,
medical and paramedical
sciences to elucidate legal matters
The concept and practice of legal
medicine in the Philippines is of Spanish
origin. In modern times, especially in
continental European countries, legal
medicine has a similar meaning as the
term forensic medicine, although, strictly
speaking, legal medicine is primarily
the application of medicine to legal
cases, while forensic medicine
concerns with the application of
medical science to elucidate legal
problems.
On the other hand, medical
jurisprudence denotes knowledge
of law in relation to the practice of
medicine. It concerns with the
study of the rights, duties and
obligations of a medical
practitioner with particular
reference to those arising from
doctor-patient relationship.
The field of legal medicine is
typically associated with death
and autopsies, but it also applies in
other legal purposes, such as
determining whether a violent
crime is a homicide, suicide or
accident or whether they
constitute negligence, sexual
assault, physical abuse or
domestic violence.
Forensic medicine is a branch
of medicine that covers both the
fields of forensic pathology and
clinical forensic medicine.
Forensic pathology involves the
investigation of unnatural,
unexpected or violent death,
whereas clinical forensic medicine
involves an interaction between the
living person, medicine, and legal
processes.
In broad terms, the forensic
pathologist deals with the deceased
while the forensic physician deals
with living individuals.
Clinical forensic medicine involves the
examination of living patients who have
certain rights (e.g. right of confidentiality)
and capabilities (e.g. capacity to give
consent)
The medical doctor examining prisoners
or victims of abuse must, therefore,
consider the boundaries among the
conflicting rights of the person examined,
the processes of investigation, and the
interest of justice.
A forensic physician has a dual
responsibility to the patient and the
general public that might come in
conflict, such as when a rape
victim requests for confidentiality at
the expense of the perpetrator
becoming free of criminal charges.
Early History of Legal Medicine
As early as 3000 BC, works of
pharmacology (the study of drug
action) and pharmacognosy (the
study of medicines derived from
natural sources) were already written
in China. Chinese archaeologists
also discovered bamboo pieces
dating from about 220 BC (Qin
Dynasty), which contained rules and
regulations for examining injuries.
The Code of Hammurabi is the
oldest medico-legal code dating
back 2200 BC. The Code, named
after the king of Babylon (now
Iraq), featured the rights and duties
of medical practitioners. The Code
also described varied forms of
punishment for improper treatment
and malpractice during that time.
There were also writings
indicating the practice of forensic
medicine in the Roman Republic
(509 BC to 27 BC), such as
poisoning, punishments based on
the degree of injury caused by an
assailant, and disposal of the
dead.
After the murder of Julius Caesar
in 44 BC, the physician Antonius
examined the body and declared
that there were 23 stab wounds,
only one of which was fatal. Hence
the death was attributed to the
multiple stab wounds and loss of
blood. That autopsy report remains
the earliest known post-mortem
report in History
History of Legal Medicine

1858 – The first medical textbook


printed including pertinent
instruction related to medico-
legal practice and included in pre
curriculum of College of
Medicine, University of Santo
Tomas
1895 – Medico-legal laboratory
was established in the city of
Manila

1908 – Legal Medicine was taught


in all medical schools in the
Philippines
1919 – The Department of Legal
Medicine and ethics of the
University of the Philippines was
created under Dr. Sixto Delos
Angeles as the chief

1945 – After the liberation of


Manila, Criminal Investigation
Laboratory Division was created
with Dr. Mariano Lara as chief
Medico-legal officer.
The medico-legal system is used in the
Philippines at present which is handled
by a medico-legal officer who is a
registered physician duly qualified to
practice medicine in the Philippines.
The National Bureau of Investigation
and the Philippine National Police have
their own medico-legal officers. The
medico-legal officer is the one who
investigates medico-legal cases of
death, physical injuries, rape and other
sexual crimes.
Responsibilities
of
(Special) Crime Investigators.
For a competent reactive
response in controlling criminals,
the following responsibilities are
required to be meticulously
performed by the investigator in
handling special crimes:
1. Determine if the crime has
been committed
- Investigator should have
available copies of both the
Revised Penal Code and Special
Laws to familiarize themselves with
the elements of different crimes.
- Consult the prosecuting fiscal
- Determine whether the case
is criminal or civil in nature
2. Verify Jurisdiction
- Refer the complainant to the
proper authority if a crime is not
within the investigators jurisdiction.
- If a crime is committed on the
border line of two jurisdictions,
an investigator may retain
authority over the case or talk
the other jurisdictions into
accepting it.
3. Discover all facts and collect
physical evidence
- First responders get the facts of
the case from the victim or
complainant or from any eye
witness.
- Investigators verify the
information and seek answers to
what, who, when, where and
possibly how and why the crime
was committed.
- In addition, the investigator will
collect any physical evidence
and arrange for its collection and
examination in the criminalistics
laboratory.
4. Recover stolen property
- Coordinate with second hand
dealers and pawnshops
because many thieves go to
these places to convert their loot
into cash.
5. Identify perpetrator
- In addition to the role of second
hand dealers and pawnbrokers in
the recovery of stolen property,
they may also be able to
describe who brought in a
particular item.
- Usually, the seller or the one
who pawned the item is required
to fill out a form giving name,
address, etc. thereby unwittingly,
making a sample of his
handwriting.
6. Locate and apprehend the
perpetrator
- When no one is willing to
provide a clue as to the
whereabouts of the perpetrator,
records may provide the
information.
- When the suspect is located,
apprehension seldom presents
difficulties.
- If the suspect is hard to arrest, a
raid may be called for
7. Aid in the prosecution of the
perpetrator
- Investigators must operate on the
assumption that each case will go
to trial. This necessitates that
proper notes, photographs and
sketches are made, and that the
physical evidence is properly
handled and examined.
8. Testify effectively in Court
- Testimony is effective only when
it is credible. When sincerity,
knowledge of the facts and
impartiality are projected,
credibility is established.
- The investigator must be familiar
with the rules of evidence and the
pitfalls of cross-examinations.

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