SPECIALIZED CRIME INVESTIGATION 1 WITH LEGAL MEDICINE

SPECIAL CRIME INVESTIGATION

Criminal Investigation – It is the collection of facts in order to accomplish the three-fold aims – to identify
the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt.
Special Crime Investigation- deals with the study of major crimes based on the application of special
investigative techniques.

GENERAL APPROACH TO CRIMINAL INVESTIGATION

First: A criminal investigation must necessarily proceed as a legal inquiry by virtue of a complaint based on
a given set of facts, after the commission of an act or omission.
Second: The act or omission subject matter of a criminal investigation ‘must be a felony or an offense
punishable by law”.
Third: As a general rule, criminal investigation is not concerned with the arrest of the felon.

METHODS OF IDENTIFICATION OF A CRIMINAL

Confession and Admission
Confession - it is the declaration of an accused expressing/acknowledging his guilt of the offense charged.
Effects of confession:
● May be given in evidence against him in the investigation or trial of the offense with which he is
charged; and
● Maybe given to prove the guilt of his companions but it will pass a lot of organization and debate.

TYPES OF CONFESSION
Judicial Confession - Made by the suspect/accused in open court
Extra-Judicial Confession - This kind of confession is inadmissible unless corroborated by proof of Corpus
Delicti. The confession to be admissible, it must be voluntary, in writing and made with the assistance of a
counsel of his own choice with full understanding of the consequence of such confession. (get separate for
separate crimes).
RULES IN CONFESSION
● the confession must be voluntary;
● it must be made with the assistance of a competent and independent counsel, preferably of the
confessant's choice;
● it must be express; and
● it must be in writing
Admission - It is an acknowledgement of a fact or circumstances from which guilt may be inferred. It
implicates but does not incriminate.
STATEMENT OF WITNESSES
Methods of Identification by witness
● Verbal description
● Photographic files (Rogues Gallery)
● General Photograph
● Cartographic Sketch
The value of identification by eyewitness depends on:
● The ability to observe and remember distinct appearance of suspect;
● Prevailing condition of visibility
● The lapse of time
Identification of ordinary person - No special training or skills is required
Ex. Growth of hair, Clothing, Body ornamentation, speech, gait, etc.
Identification by an expert - Applied scientific knowledge in identifying a person
Ex. Blood grouping, DNA, etc.

Circumstantial Evidence - facts or circumstances from which, either alone or in connection with other
facts, the identity of the person can be inferred.
These inferred to prove identity by circumstantial evidence
● Motive- what induces the person to act
● Intent- the result or accomplishment of the act.
● Opportunity- the physical possibility that the suspect could have committed the crime

Associative Evidence - these are the pieces of evidence that will link the suspect to the crime scene. The
suspect may leave some clues at the scene such as weapons, tools, garments or prints.
● Locard’s Exchange Principle - In every contact leaves traces
● The “Law of Multiplicity of Evidence” is a law applicable in identification which states that the
greater the similarities or dissimilarities, the greater is the probability for the conclusion to be
correct.
GOLDEN RULES IN CRIMINAL INVESTIGATION/CRIME SCENE SEARCH
● “Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked,
measured, sketched and/or photographed.”
● Never let suspects and victims be in the same room
● Make sure that the cordoned off area is sufficiently large.
● Do not allow witnesses or suspects to return to or enter the crime scene.
● If they were injured, top priority is saving the life of that person.

Legal requirements in Crime Scene search

Police Power - is the right to protect the country and its population from threats to the public health and
safety.
Remedial Law - the rules which prescribe the procedure for the protection and enforcement of all claims
arising from rights and duties created by law.
Due process of law - A law which hears before it condemns; which proceeds upon inquiry, and renders
judgment only after trial.

Crime Against Person and related laws

Title VIII - Crimes Against Person

Chapter One
DESTRUCTION OF LIFE
Section One. — Parricide, murder, homicide
Art. 246. Parricide.
Art. 247. Death or physical injuries inflicted under exceptional circumstances.
Art. 248. Murder.
Art. 249. Homicide.
Art. 251. Death caused in a tumultuous affray.
Art. 252. Physical injuries inflicted in a tumultuous affray.
Art. 253. Giving assistance to suicide.
Art. 254. Discharge of firearms.
Section Two. — Infanticide and abortion.
Art. 255. Infanticide.
Art. 256. Intentional abortion.
Art. 257. Unintentional abortion.
Art. 258. Abortion practiced by the woman herself of by her parents.
Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives.
Section Three. — Duel
Art. 260. Responsibility of participants in a duel.
Art. 261. Challenging to a duel.

Chapter Two
PHYSICAL INJURIES
Art. 262. Mutilation.
Art. 263. Serious physical injuries.
Art. 264. Administering injurious substances or beverages.
Art. 265. Less serious physical injuries.
Art. 266. Slight physical injuries and maltreatment.
RA 8353 - Rape

LEGAL MEDICINE
Definition of terms
Forensic Medicine- is a branch of medical science which deals with application of medical knowledge to
elucidate legal problems.
Legal Medicine- is a branch of medicine which deals with application of medical knowledge to the
purposes of law and in the administration of justice.
Medical Jurisprudence- is a branch of law which deals with the organization and regulation of the medical
profession.

MEDICO LEGAL ASPECTS OF DEATH

Death - In medico- legal death, it refers to the death which involves in crime or medico-legal cases to prove
or disprove that a foul play had been done.Clinical types of Death:
● Sociological death: It is a type of death wherein the withdrawal and separation from the patient by
others produces a sense of isolation and abandonment.
● Psychic Death: The condition of death wherein the patient regresses, gives up or surrenders,
accepting death prematurely and refuses to continue living. Psychic death occurs prematurely if the
patient has excessive fear of his illness and views it as lending to immediate death.
● Biologic Death: The type of death characterized by the absence of cognitive function or awareness,
although artificial support systems may maintain organ functioning.
● Physiologic Death: A type of death when all vital organs have ceased to function.
Medico-legal importance of determining death:
● Basis for immediate removal of vital organs and for transplantation;
● Civil personality of a natural person is extinguished upon death. The effect of death upon the rights,
powers and obligations of the deceased is determined by law, contract and will.
● Property of a person is transferred among the heirs at the time of death. Art. 774, Civil Code.
● Criminal liability of a person is extinguished by death. Art. 89, RPC.
● Civil case for a claim which does not survive is dismissed upon the death of the defendant. Rule 3,
Sec. 21, Rules of Court.

KINDS OF DEATH

1. Somatic Death – Clinical Death: It is a complete, continuous, persistent cessation of respiration,

circulation and almost all brain functions of an organism.
2. Molecular Death – Cellular Death: It is the cessation of life of the individual cells in the body which
occurs one at a time after somatic death. Nerve cells and brain cells die earlier about 5 minutes after
somatic death while muscle cells live longer until the onset of rigor mortis which is about 2-6 hours.
3. Apparent Death – “State of Suspended Animation”. It is a state of temporary cessation of vital
activities of the body or the vital processes were depressed to the minimum compatible with life.

SIGNS OF DEATH AND ITS EXAMINATION

Cessation of Respiration - A person can hold his breath not longer than 3 and a half- minute but a
persistent, continuous cessation of breathing after 5 minutes without spontaneous breathing and repeated
testing for at least two minutes interval at each testing is considered as a respiratory failure. Examination:
● Observance of upward and downward movement of the chest and abdomen
● Palpation of the respiratory movement
● By auscultation with the aid of stethoscope
● Examination with the aid of a mirror
● Examination with the aid of feathers or fibers
● Examination using a glass of water
● Examination using lighted candle
● Winslov Test
Cessation of Heart Beating and Circulation - the pulse beat stopped and also the circulation or blood flow
to different parts of the body. In this condition, the person is pronounced to be dead. In case of decapitation
or cutting of the head and judicial hanging, the heart beat persists for 15 minutes to 1 hour. Examination:
● Palpation of the pulse and heart beat
● Fluoroscopic examination
● Fluoroscopic examination
COOLING OF THE BODY - thereby the body temperature gradually decreases until it assumes the
temperature of the environment.
● Body temperature is one of the earliest sign of death
● The fall of 15 degrees Fahrenheit to 20 degrees Fahrenheit is considered as death of the body.
● In post-mortem caloricity or post-mortem Glycogenolysis, there is an increase of temperature due
to fast, early putrefactive and chemical changes in the body, which occur in about 1-3 hours after
death. Post-mortem caloricity occurs especially in persons who died from infectious diseases and
strychnine poisoning.
1. Insensibility of the body and loss of power to move.
2. Changes in the skin
● Livid discoloration due to the gravitation of blood
● Loss of elasticity of the skin:
Post-mortem contact flattening - body becomes flattened on areas which are in contact with the surface it
rests on.
● Opacity of the skin
● Effect of application of heat
● Application of melted sealing wax on the breast of the dead will not produce blister or inflammatory
edema will develop about the wax

Changes in and about the eye

● Loss of corneal reflex
● Clouding of the cornea
● Flaccidity of the eyeball
● Pupil is in the position of rest, (non-reactive to light)
● Ophthalmologic Findings
● Optic cell is pale and has the appearance of optic atrophy
● Retina becomes pale like optic disc

Effect of the Application of Heat

Changes in the body following death
1. Stage of primary flaccidity
● It is the stage of muscular change upon death characterized by relaxation of muscles and loss of their
natural tone so that the jaw or the head drops down; the thorax collapses and the limbs become
flaccid; the iris assumes a mid position and the sphincter relaxes. This is the reason why the dead
person may still urinate, defecate or excrete the waste product of metabolism thru pores in the skin
because of the relaxation of the sphincters.
 2. Stage of Post- Mortem Rigidity or Rigor Mortis
● This stage of muscular change which occurs 2-6 hours after death and is characterized by hardening
of the muscles due to biochemical changes of the muscle protein
● usually start at the muscles of the jaw and face and then spread to the neck, upper limbs, trunk and
lower limbs until the whole body assumes a board-like rigidity after about 12 hours.
● Cadaveric Spasm or Instantaneous Rigor: It is the instant stiffening of a certain group of muscles
which occurs immediately at the moment of death and although its cause is unknown is associated
with violent death due to extreme nervous tension, fatigue and injury to the nervous system.
3. Stage of secondary flaccidity
● A muscular change characterized by the softness and flaccidity of the muscles in which they no
longer respond to mechanical or electrical stimulation due to dissolution of the muscle proteins that
have been previously coagulated during the stage of rigor mortis. This stage is the onset of
putrefaction and occurs many hours in rigor mortis.
o Algor Mortis - Post-mortem Lividity - Cooling of the body
o Rigor Mortis or Post-mortem Rigidity, Onset – 2-6 hours after death and is completed in
about 12 hours duration; 24-48 hours in the Philippines and other tropical countries; 36-48
hours during the summer in the Philippines and other tropical countries
o Livor Mortis - The onset of post-mortem lividity is 20-30 minutes in the most dependent
portions of the body and is completed in about 12 hours when the blood has already clotted or
diffused to different parts of the body wherein the discoloration its darker and permanent.
o
Importance of Post-mortem Lividity: It is a sign of death:
● It approximate the time of death in a person,
● It determines the position of the body after death,
● It may indicate the cause or manner of death.
Kinds of Post-mortem Lividity:
● Hypostatic Lividity: It is the lividity when the discoloration is due to the blood pooled in the most
dependent areas of the body.
● Diffusion Lividity: It is a fixed or permanent discoloration when the blood vessels or has diffused to
different parts of the body
Legal Medicine (Physical Injury)
Wounds - types of wound as severity
● Mortal Wound – Wounds which when inflicted to the body are immediately followed by death or
one which is serious that will endanger the life of the victim.
● Non-mortal Wounds – Wounds which when inflicted to the body are not immediately followed by
death or one which is not so serious that will endanger the life of the victim.
As to the kind of instrument used:
● Wounds produced by blunt instruments – Lacerated wounds.
● Wounds produced by sharp edged instruments – Incised wound.
● Wounds produced by sharp pointed instruments - Puncture wounds.
● Wounds produced by sharp edge and sharp pointed instrument – Stab wound.
● Wound produced by change of environmental pressure on the body.
● Wounds produced by micro-organism

As to the manner of infliction:

● Hit – By the stroke of bolo, axe and blunt instrument
● Thrush or stab – By the stroke of a knife, dagger, ice pick, bayonet, saber, spear and others
● Tearing or stretching
● Gunpowder explosion, projectiles or shrapnel
● Sliding or Rubbing

As to the depth of the wound:

● Superficial Wound – Wound which involves the outer layer of the skin or tissues of the body.
● Penetrating Wound – Wound wherein the instrument pierces a solid organ or tissues.
● Perforating Wound – Wound where there is communication between the outer and inner portions of
the hollow organs

As to the relation of the site of application of forces and the location of injury:
● Coup injury – It is the physical injury which is found at the site of the application of force.
● Contre Coup injury – It is the physical injury which is found at the site and also opposite the site of
the application of force.
● Coup contrecoup injury – It is the physical injury which is found at the site and also opposite the
site of the application of force.
● Locus minoris resistencia – It is the physical injury which is found not at the site or opposite the
site of the application of force but in some areas offering the latest resistance to the force applied.
● Extensive injury – It is the physical injury involving the greater area beyond the site of force.
Types of Wounds
Open Wound - wound where there is a break in the overlying skin or tissues.

1.ABRASION
Forms of Abrasion:
○ Linear abrasion – An abrasion where there is a single line of injury which may be curved or
straight.
○ Multi-linear abrasion – A form of abrasion where there are several lines of injury which are
parallel to one another.
○ Confluent abrasion – A form of abrasion where the lines of injury are arranged in haphazard
manner.
○ Multiple abrasions – An abrasion in the body surface located in different parts of the body.

Types of Abrasion:
Scratches – An abrasion brought about by the stroke of a sharp-pointed instrument over the skin producing
the injury.
Grazes – An abrasion due to forcible contact with a rough, hard object resulting in irregular removal of the
skin surface.
Impact or Imprint abrasion – An abrasion due to contact with a rough, hard object in which the structural
form of the object is reflected over the skin.
Pressure or Friction abrasion - An abrasion due to pressure applied and with accompanying movement
over the skin.

2.GUNSHOT WOUND - the penetration of the bullet slug within then tissues of the body.
Characteristic of the Wound of Entrance
● The wound of entrance is usually small and may be smaller than the missile due to retraction of the
skin and tissues at the opening of the wound.
● The edge of the wound is inverted with some contusion or abrasion around the wound.
● In contact or close range fire, there is burning of the skin, singeing of the hair and gunpowder
tattooing.
● The other description of the wound of entrance is based on the distance of the body from the fired
gun.
CONTACT FIRE
● There is burning of the tissues in the affected area because it is within then flame zone
● Particles of gunpowder in and around the wound of the entrance.
● Pressure of the bullet slug will cause caving in or excavation of tissues and the contusion collar is
seen around the wound entrance.
● Near contact up to 6 inches distance
● There is bursting of tissues, burning and blackening of the skin as in contact fire but the particles of
gunpowder are present inside as well as around the wound of entrance. The shape of the wound may
be lacerated or slit-like and the size is larger than the diameter of the missiles. The excavation of
tissues due to the pressure of the penetrating bullet slug may not be as severe as in contact fire.
● Distance above 6 inches up to 24 inches and beyond
● The size of the wound gradually approximates the size of the missile. As the distance from the target
becomes farther, the burning or blackening of tissues, gunpowder tattooing, singeing of the hair and
excavation of tissues becomes lesser and lesser until it disappears beyond the 24 inches distance.

Characteristics of the Wound of Exit

● Usually the wound of exit is larger than the projectile but it does not follow any definite shape.
● The edge of the wound is everted and sometimes with some tissues or flaps of skin protruding from
the wound.
● The bullet slug may be lodged inside the body usually in lone range fire and therefore without any
wound of exit. Embolism - is a condition in which foreign matters are introduced into the
bloodstream causing sudden block of the blood flow in the arterioles and capillaries..

3.CLOSE WOUND - Wound where there is no break in the overlying skin or tissues;
Superficial closed wound;
● Petechiae - These are minute, pin-point, circumscribed extravasation of blood in the subcutaneous
tissues or underneath the mucous membrane
● Contusion - Bruise
● Cyst - a sac-like pocket of membranous tissue that contains fluid, air, or other substances.
● Hematoma - It is large extravasations in a newly formed cavity secondary trauma characterized by
swelling, discoloration of tissues and effusion of blood underneath the tissues.
DEEP CLOSED WOUND
● Sprain - It is the straining or tearing of the articular tendons, ligaments and muscles characterized by
swelling, discoloration of tissues involved and extreme pain.
● Fracture - It is a break or solution in the continuity of the bone tissue resulting from violence or
from some existing pathology.
● Dislocation - It is the displacement of the articular surfaces of the bones forming the joints
● Concussion – is an injury to the brain results in temporary loss of normal brain function.
● Internal Hemorrhage

4.THERMAL INJURIES
Effects of Cold temperature
● death or injuries to the body because of less dissociation power of oxygen from the hemoglobin in
the blood, thus the tissues will have a diminished power to utilize oxygen.
● The degree of damaged depends upon the decreased in temperature duration of exposure, vitality of
tissues involved, sex and condition of the body.

Local effect of cold temperature

● Frostbite – It is a condition of exposure to cold temperature of certain parts of the body which
produced mechanical disruption of cell structure and is characterized by diminished body
temperature, cold stiffening and pallor which is later on lead to swelling, thrombosis, necrosis and
gangrene of the affected tissues.
● Trench foot – A condition usually seen among those walking over the snow wherein the foot is
exposed to freezing temperature characterized by cold stiffening, muscle cramp, necrosis and
gangrene of the foot.
● Immersion foot – A sub-variety of trench foot when the foot is submerged into a cold freezing
liquid characterized by decreased body temperature, cold stiffening. Muscle cramp, necrosis and
gangrene of the muscles in the foot.

Effects of Heat in the Body (Specific heat & Sensible heat)

Heat cramp – It is a painful contraction of the skeletal muscles usually seen among manual workers in hot
environments whose bodily fluids have been depleted of sodium chloride not replaced by heavy losses from
sweat.
Heat stroke – It is a failure of adequate heat elimination almost always related to a breakdown of the
sweating mechanism usually seen among workers working in a warm environment or exposed to the heat of
the sun and is manifested by an evaluation of body temperature, mental confusion, staggering gait, injuries
to the central nervous system which is edema and destruction of nerve cells as well as congestion and focal
hemorrhages in various organs.
Scald – It is the burn due to contact with a hot or boiling liquid or gas over the body characterized by
redness, pain and blister formation.
Burns – It is the injury due to the application of physical heat in any form to the body and is characterized
by redness and heat coagulation of the tissues to actual charring.
● Thermal burn – It is a type of burned caused by the application of heat or hot object.
● Chemical burn – A type of burn due to chemicals like strong acids
● Electrical burn – A burn due to electric current.
● Radiation burn – A burn due to radiation from radio-active substances such as X-ray.
● Friction burn – A burn when the body comes in contact with the moving object
either by sliding, rotating or rubbing.
Healing periods of wounds
● Formation of exuberant Granulation (Proud Flesh)
● Keloid Formation (Collagen formation)
● Stricture (Contraction of fibrous tissue)
● Fistula or Sinus Formation (Connection of inner cavity and the outside)

LEGAL MEDICINE (SEX CRIMES)

● Sexual harassment is a sexual act committed by any person by uttering obscene language
which irritates the victim as well as the unconventional sexual acts which are not in
conformity with the moral standard in a society. Sexual assault is “genderless crime” which
involves unconventional sexual acts of violence and aggression committed on the genital,
oral or anal orifice of another person.
● Carnal knowledge is a sexual act involving bodily connection done by penetration of the sex
organ of the male with that of the female organ. It is interchangeably used with sexual
intercourse or coitus.
● Importance of medical evidence to the criminologist: Understanding of the medical
evidences in sexual crimes. For the proper preservation of the specimen to be needed for
medical examination. Appreciation of the probative value of the medical evidence of sexual
crime in court.
Sexual Deviation: Sexual deviation is an unnatural sexual behavior by certain individual which is done
usually in privacy but maybe done in public or done in a bizarre manner. The sexually deviant individual
who indulged to some sexual deviations may sometimes lead to the commission of sexual offenses, but most
of the individuals do not exhibit criminal intent but only a normal sexual act or a manifestation of mental
disorder.

● Lust murder – Necrosadism: An aggressive sexual behavior wherein the offender performed
sexual intercourse or other sexual act and then kills the victim afterwards.
● Sadism – A sexual behavior wherein the offender inflict harm to another person in order to
attain sexual gratification. A sadist is an individual who gains sexual satisfaction from
harming another person.
● Masochism – A sexual perversion in which sexual pleasure maybe attained after being
whipped or harmed. The masochist usually a female gains sexual gratification by
experiencing pain before, during or after sexual act.
● Exhibitionism – Indecent exposure: This is a willful exposure of the naked body in public
for sexual gratification.
● Mixoscopia – A sexual perversion wherein sexual pleasure is attained by watching couples
engaged in sexual intercourse within a group of people.
● Aoshianism – Tribadism: A sexual perversion in which sexual pleasure may be done by
sexual intercourse or sexual activity between 2 women.
● Pluralism – A sexual activity done by 2 or more couples performing sexual intercourse at the
same time, in the same room or places, and then exchange partners afterwards as a result of
sexual festival. Also known as “orgy”.
● Troilism – A sexual act involving three persons performing sexual intercourse, fellatio,
cunnilingus and other sexual activities. 3 persons consisting of 2 men and a woman or a man
and two women sexual partners.
● Incest – A sexual relation with a relative.
● Masturbation – Self- gratification: A form of sexual deviation done by fondling or
touching the external genital organ to attain sexual pleasure.
● Voyeurism – Peeping Tom: A sexual act performed by male and sometimes the female
wherein sexual pleasure is attained by seeing persons undressing or engaged in sexual
activity.
● Satyriasis – An excessive desire for sexual intercourse in the male.
● Partialism – A sexual deviation found in the male who have special affinity on certain parts
of the body of female to arouse sexual pleasure before intercourse.

● Cunninglingus – A sexual deviation in the male where in gratification may be attained by

 licking or sucking the female genital organ, usually, this is followed by sexual intercourse.
● Sodomy – A form of sexual perversion seen in person in the prisons or mental hospitals in
which sexual intercourse done to the anus of another person.
● Bestiality – A sexually deviation usually done by person with mental disorder in which
sexual intercourse is performed with the animals.
● Paedeastia – A sexual perversion wherein the male performed the passive role while the
female is in active role in sexual intercourse.
● Necrophilia – A sexual perversion wherein pleasure may be attained by sexual act or sexual
intercourse with a corpse.
● Don Juanism – A sexual behavior in the male who is characterized to have many women in
his life.
● Nymphomania – It is an excessive desire for sexual intercourse in the female.
● Fellatio – A sexual deviation wherein the partner places the male genital organ in the mouth
to attain sexual gratification.
● Narcissism – A sexual perversion wherein a person has extreme admiration and love for
oneself in which pleasure is attained by being naked and watching oneself in the mirror.
● Transvestism – It is a homosexual deviation that enjoys sex by wearing clothing usually
belonging to the opposite sex.
● Frottage – A sexual deviation done usually in crowded places by the male who attains sexual
pleasure by rubbing against some parts of the body of the opposite sex.
● Fetishism – A form of sexual perversion found in the male who attains sexual pleasure from
the clothing or body parts of the female. It is different from partialism in the sense that it
confers on the clothing or body parts of the female which arouse sexual feeling and produce
orgasm without sexual intercourse to follow in partialism.
● Pedophilia – A sexual deviation wherein a person had an erotic sexual desire on children and
gratification is attained by touching the private sex organs of children.
● Coprolalia – A sexual deviation characterized by the use of obscene language as the sole
power to arouse sexual excitement. It is exemplified in the form of obscene letter writing and
obscene telephone calling.

VIRGINITY is a condition of a woman or female who have not experienced sexual intercourse or whose
genital organs had not been altered by coitus. Defloration is the rupture or laceration of the hymen in woman
due to sexual intercourse. It is the common occurrence among the bride in a newly married couple or in a
virgin who had first engaged in sexual intercourse with another man.
● Moral virginity – It is a state of virginity wherein a female is not physical matured or still not
conscious about sex and had not experienced sexual intercourse. It is usually seen in female children
whose secondary sex characteristics and sex organs have not yet been fully developed.
● Physical virginity – A condition of virginity wherein a woman is already conscious about sex and
had already developed the sexual organs and sex characteristics but has not yet experienced sexual
intercourse. The hymen is a thin membrane covering between true physical virginity and false
physical virginity.
● False physical virginity is a condition in woman who is sexually matured, had not experienced sexual
intercourse and whose hymen is distensible, although not ruptured.
● Demi-virginity – This is a virginity wherein the woman had some, sexual act with either man or
woman but with the exception of sexual intercourse or rupturing of the hymen. The sexual acts
maybe exhibitionism or partialism.
● Virgo-intacts – This is not actually virginity because the woman had one or more sexual intercourse
with another man but had not borne a child yet.

MEDICO LEGAL ASPECT OF POISON

POISON
● is anything other than physical agencies which are capable of destroying life, either chemical action
on the tissues of the living body, or by physiological action by absorption into the living.
● In legal definition, Is a substance which, if applied or administered internally, has been applied or
administered with the intention to kill or do harm.

Site of action of the poison

Local action
● The poison may act on the skin or on the mucous membrane or on any part of the body where it is
applied.
Remote action
● Poison may act remotely in any of the following ways:
● By the production of shock, ex. Poisoning by strong acid
● By absorption into the blood and being carried to the organs they affect, ex. Morphine is absorbed by
the blood and carried to the brain and depresses it.
● By transmission through nerves of local parts affected going to the nerve centers and then reflected
to the organs on which they act.

Both Local and Remote

Circumstances affecting action of poison
● Method of administration
● Idiosyncrasy
● Age
● Habit
● Dose

MEDICO-LEGAL EXAMINATION
Medico Legal Investigation For Crime of Violence in general

Crimes of Violence shall refer to crimes such as murder, homicide, kidnapping/abduction, bombings, sexual
assault and other criminal incidents that put lives in danger all of which pose a major challenge to the PNP‟s
investigative capability.

● Upon arrival at the crime scene the Investigator-on-Case makes a general assessment of the scene,
takes a cautious walk-through, jots down notes to extensively document/record important factors and
establishes the evidence most likely to be encountered.
● He then defines the extent of the search area, and determines personnel, organization and equipment
needed to make specific assignments. From his assessment, he develops a general theory of the crime
scene to set his plan in motion.
● Scene of Crime Operation (SOCO) specialists of the Crime Laboratory shall be requested in cases
where the crime scene needs special processing due to its significance or because of its sensational
nature. A crime of violence is a significant /sensational case and shall therefore require the services
of the SOCO Team.
● The investigator-on-case must, however, remain at all times responsible for and in-charge of the
crime scene and shall always be present during the whole SOCO operations.
● The Investigator-on-case shall conduct interviews and gather as much information as he can at the
crime scene. This information could be critical in guiding the SOCO Team on which areas to focus in
the collection of forensic evidence. It is also imperative that whenever a crime of violence or any
other major or sensational crime occurs that an On-Scene Command Post (OSCP) be immediately
established adjacent to the crime scene.
● Among others, the OSCP will be to provide a safe and secured area where the Evidence Custodian
may be located to receive evidence and where other operational and administrative activities may be
undertaken. The following checklist is meant as a guide and not as a substitute for critical thinking
by the investigator.

Investigation of Crimes of Violence in General

● Find out as much as possible about the crime before going to the scene, and upon arrival, get all
 available information from the first officer on the scene and other police officers who are there.
● Overview. Get your bearings at the crime scene to get a rough picture of the area and what happened.
● Start keeping an action log.
● Cordon off the area or extend the existing cordon if necessary. The perpetrator‟s route to and from
the scene may need to be cordoned off as well.
● Make sure that the responsible police officer posts the necessary guards for the cordoned off area.
● Make sure that a list is made of the people who enter the crime scene.
● If shots have been fired, find out whether gunpowder residue/primer particles have been collected
from the hands of persons involved. If not, request the PNP crime Laboratory to do so at once.
● Take a general photograph of the crime scene. Film the scene with a video camera.
● Pause and take stock of the situation then start planning. This is where the crime scene analysis
starts.
● Note down your observations continuously. It is a good idea to use a tape recorder.
● Decide whether you need help from an expert such as a forensic pathologist, biologist etc.
● Take photographs continuously. Photograph all the evidence before they are collected. If possible,
engage a photographer for specialized trace evidence photography.
● Search for and collect evidence, objects and reference samples etc. that are relevant to the crime
investigation.
● Examine victims and suspects too. Pay attention to the risk of contamination.
● Consider conducting a detailed and extended search outside of the crime scene.
● Write a (continuous) seizure report.
● Check the crime scene before the cordon is lifted. Make sure that you have not forgotten anything
important, such as interrogation reports. A suspect may enter the crime scene area after the cordon
has been lifted, and this must not be allowed to destroy the value of the evidence collected.

MEDICO-LEGAL INVESTIGATION OF SEXUAL OFFENSE

In the case of sexual offences the most important trace evidence is often to be found on the
persons involved. It is therefore important to treat these persons in the same way as crime scenes as
regards the collection and preservation of evidence. This is extremely important to avoid
contamination. (Refer to 5.10 to 5.14 of the PNP Criminal Investigation Manual 2010).

Checklist

● Find out as much as possible about the crime before going to the scene and upon arrival from the
 first responder and any other police officers who are there.
● Overview. Take your bearings at the crime scene so that you get a rough picture of the area and what
has happened.
● If the victim is a woman or child, immediately refer the matter to the WCPD (Women and Children
Protection Desk) of your unit for assistance in the handling of the victim and to ensure that proper
procedures are observed. Start keeping an action log.
● Cordon off the area or extend the existing cordon if necessary
● Take a general photograph of the crime scene. Film the scene with a video camera.
● Pause for thought and start planning. This is where the crime scene analysis starts.
● Note down your observations continuously. It is a good idea to use a tape recorder.
● Decide whether you need help from an expert such as a forensic pathologist, biologist etc.
● Take photographs continuously. Photograph all the evidence before it is collected. If possible, engage
a photographer for specialized trace evidence photography.
● Search for and collect evidence, objects and reference samples etc. that are relevant to the crime
investigation. Pay attention to the risk of contamination.
● Write a continuous seizure report.
● Check the crime scene before the cordon is lifted. Make sure that you have not forgotten anything
important, such as interrogation reports. A suspect may enter the crime scene area after the cordon
has been lifted, and this must not be allowed to destroy the value of the evidence collected.

AVOID CONTAMINATION

● Crime-scene investigations related to sexual offences may call for a great deal of work and many
types of evidence may occur. Be very careful to avoid the risk of crosscontamination. Make sure that
different people collect and preserve evidence and materials in different places. Package materials
well and make sure that materials from different scenes are kept separate, or stored in different rooms
and handled by different people.

PHOTOGRAPHIC DOCUMENTATION

● Photographic documentation is an important part of the investigation, as in all crime-scene

investigations. Use plenty of film. Combine still photography and video filming.

PERSONS INVOLVED

● Make sure that both the victim(s) and suspect(s) are taken to a doctor as soon as possible, inter alia to
 secure forensic evidence. Give the doctor a rape kit, which contains an action logbook and
equipment for preservation of evidence. After the examination, help the doctor to take charge of the
persons‟ clothes and preserve the evidence generated by the examination. Also help the doctor by
providing information that will make it easier to evaluate what evidence should be preserved. Make
sure that injuries are documented and contamination avoided.The checklists are only meant as a
guide and not as a substitute for critical thinking.In some cases certain items can probably be left out,
while others must be added.

COLLECTION OF EVIDENCE
Look for the following types of evidence and materials in connection with sexual offenses.

Blood, saliva, semen, Fibers, Fingerprints, Hair, Footwear prints and tyre marks, Articles of clothing, Drugs

MEDICO-LEGAL EXAMINATION OF SEX CRIMES

Evidence to prove virginity and defloration: The external genital organs and other female parts make them
extremely vulnerable to injury in medico-legal cases.

Breasts: The breast is 2 masses of fleshy tissues at the region of the chest with its nipple at the center and
surrounded by pinkish-brown areola. In sexual crimes, injuries may be observed in the breast such as
abrasion marks from the grip of the fingers, laceration and even bite marks over the nipples.

Vaginal canal: It is a muscular-membranous canal used as a female copulation organ and covered by hymen
externally. The lining of the vaginal canal formed numerous transverse ridges. The vagina if not altered is
usually tight and with sharp distinct rugosities; however; if altered such as in sexual intercourse, placing
instruments and even strenuous physical activity, the canal maybe lax and with flattening of the rugae.

Labia majora and Labia minora – The labia majora which cover the labia minora are composed of two
layers: a thick pigmented outer layer covered with hairs and an inner smooth layer containing sebaceous
follicles.

● The labia minora is devoid of hair follicles but contains sebaceous glands and has a tendency to be
erectile. These structures are not used as a basis to conclusively determine the virginity of a woman.
● The labia majora and labia minora maybe gaping in some women and yet have not experienced
sexual intercourse while others may have plump, firm and well coaptated labia but have already
experienced sexual intercourse.

Fourchette and Perineum – The fourchette is the V- shape structure formed by the union of the labia
minora posteriorly and below the vaginal orifice. Perineum is the area between the posterior commissure of
the labia majora and the anterior margin of the anus. This is lacerated during the passage of the fetus in the
birth canal and in sexual act.

Hymen – The hymen is a thin fold of mucus membrane attached around the vaginal orifice. Its shape and
structure may determine the appearance of the vaginal orifice. It may be partially closing the vaginal orifice,
presenting an opening that varies in size from a pinpoint to a caliber that readily admits the tip of one or
even two examining fingers. It may be a delicate membrane that can easily be ruptured or maybe tough and
fibrous. It is ruptured during sexual act, instrumentation, childbirth and strenuous physical activity of a
woman.