MEDICO LEGAL ASPECTS OF PHYSICAL INJURIES

Physical Injury: it is defined as the effect of some forms of stimulus on the body.
The effect of the applications of stimulus maybe immediate or delayed. This depends on
the instrument that was used and at the same time the manner of infliction. Also, the effect may
only be apparent when the stimulus applied is insufficient to cause injury and the body
resistance is great. It may be real when the effect is visible.

Causes of Physical Injuries

1. Physical violence 4. Chemical energy 7. Infection

2. Heat or cold 5. Radiation
3. Electrical energy 6. Barotrauma

Physical Injuries Brought About by Physical Violence

 The effect of the application of physical injury on person is the production of wound.
 A disruption of the anatomic integrity of the tissues of the body.

Vital Reaction
It is the sum total of all reactions of tissue or organ to trauma, either observed micro or
macroscopically.
 Rubor: It is the redness or congestion of the area due to an increase of blood supply as
a part of the reparative mechanism.
 Calor: It refers to the sensation of heat or increase in temperature.
 Dolor: It refers to pain due to involvement of the sensory nerve.
 Loss of Function: On the account of trauma, the tissue may not be able to function
normally.
 Tumor- Swelling
CLASSIFICATION OF WOUNDS
1. AS TO SEVERITY
1. Mortal wound: A wound which is caused immediately after infliction that is capable of
causing death.
2. Non-mortal wound: A wound which is not capable of producing death after infliction.
2. AS TO KIND OF INSTRUMENT USED
1. Wound brought about by blunt instrument:
2. Wound brought about by sharp instrument:
3. By change in atmospheric pressure
4. Wounds brought about by heat or cold
5. Wounds brought about by chemical explosion
6. Wounds brought about by infection.
3. AS TO THE MANNER OF INFLICTION
1. Hit: By means of bolo, blunt instrument, axe.
2. Trust or stab: With the use of bayonet dagger
3. Gun Powder Explosion: This is due to Projectile or can result to shrapnel wound
4. Sliding or Rubbing or Abrasion
4. AS REGARDS TO THE DEPTH OF THE WOUND
1. Superficial: A wound that only involves the layers of the skin.
2. Deep: This involved the inner structures beyond the layers of the skin.
 Penetrating wound: One in which the wounding instrument enters the body but did
not come out or it only involve the mere piercing of a solid organ or the tissue of the
body.
 Perforating wound: The wounding agent produces communication between the
inner and outer portion of the hollow organ or piercing or traversing completely a
particular part of the body causing communication between the points of entry and
exit of the instrument or substance producing it.

5. AS REGARDS TO THE RELATION OF THE SITE OF APPLICATION OF FORCE AND THE

LOCATION OF INJURY
1. Coup Injury: Physical injury which is located at the site of the application of force.
2. Contre-coup injury: Physical injury found on the opposite of the site of the application
of force.
3. Coup contre-coup injury: An injury that is located on the site and also opposite of
application of force.
4. Locus Minoris Resistencia: The physical injury is not located at the site nor at the
opposite site of the application of force but in some areas offering the least resistance to
the force applied.
5. Extensive injury: Physical injury involving a greater area of the body beyond the site of
the application of force.

6. AS TO REGIONS OR ORGANS OF THE BODY INVOLVED

[Link] WOUNDS
1. Defense wound: This is a wound as a result of a person’s instinctive reaction of self-
protection. It is also an injury suffered by a person to avoid or repel potential injury
coming from the suspect.
2. Patterned wound: Wound that is in the nature and shape of the instrument or object
that was used in inflicting injury.
3. Self-inflicted wound: It is wound produced on oneself.
 Medical Classification of Wounds

1. Closed wound: There is no breach of continuity of the skin or mucous membrane.

a. Superficial: When the wound is just underneath the layers of the skin or
mucous membrane.
CLOSED WOUNDS

1. Petechiae: it is the circumscribed extravasation of blood in the subcutaneous tissue or

underneath the mucous membrane. The cause of passage of blood from the capillaries
may be due to the increase intra-capillary pressure or increase permeability of the
vessel.
2. Contusion: it is the effusion of blood into the tissue underneath the skin on the account
of the rupture of the blood vessels as a result of the application of blunt force or violence.
It is generally produced when a blunt force has caused disruption of the blood vessels
with the escape of the RBC into the surrounding tissues.
 1-4 weeks: complete healing
 3 or more days: green or yellow margins
3. Hematoma (Blood Cyst, Blood Tumor, “Bukol): It is the extravasation or effusion of
blood in a newly formed cavity underneath the skin .
 When the blunt instrument hit a hard part of the body like bony part which is
superficially located

OPEN WOUNDS

1. Abrasion ( Scratch , graze, impression mark, friction mark )

 It is an injury characterized by the removal of the superficial epithelial layer of
the skin caused by a rub or friction against a hard rough object.
 Contusion with abrasion = forcible contact before friction occurs.
Forms of abrasion
1. Linear abrasion
2. Multi-linear
3. Confluent
Types of abrasion
1. Scratch
2. Graze
3. Impact or imprint abrasion (patterned abrasion, stamping abrasion, “abrasion a la
signature”)
4. Pressure or friction abrasion
2. Stab wound
 It is produced by the penetration of a sharp and a sharp-edged instrument like a
knife, scissors.
 If the sharp edge is the one that comes in contact with the skin, then it is an incised
wound.
 In describing stab wounds, the following should be noted:
a. Length of the skin defect
b. Condition of the extremities
c. Condition of the edges

3. Punctured Wound
 It is the result of a thrust of a sharp pointed instrument.
  External injury is quite small but the depth is to a certain degree.
 Nature of the external injury depends on the sharpness of the end of the wounding
instrument:
o contusion of the edges: if end is not sharp
o opening may be round , elliptical , diamond shaped or cruciate.
o External hemorrhage is limited although internal injuries may be severe.
However, if blood vessels and bloody organs is considered fatal if no
intervention applied.
 Site of external wound can be easily sealed by dried blood, serum, or clotted blood.
 Punctured wounds are usually accidental but in rare instances it may be homicidal or
suicidal.
Characteristics
1. The opening on the skin is very small and may become unnoticeable because of clotted
blood and elasticity of the skin.
2. External hemorrhage is limited although internally it may be severe.
3. Sealing of the external opening will be favorable for the growth and multiplication of
anaerobic microorganism like bacillus tetani.

4. Lacerated wound ( Tear, Rupture, Stretch “Putok”)

 It is a tear of the skin and the underlying tissues due to forcible contact with a blunt
instrument.
 May be produced by a hit with a piece of wood, iron bar, fist, stone, butt.
5. Incised wound (cut, slash, slice)
 Produced by a sharp-edged (cutting) or sharp-linear edge of the instrument like a knife,
razor, bolo, g lass etc.
 Impact cut: when there is forcible contact of the cutting instrument with the body surface.
 Slice cut: when cutting in jury is due to the pressure accompanied with movement of the
instrument
 Chopped or Hacked wound: when the wounding instrument is a heavy cutting instrument
like saber (injury is severe)
Characteristics of incised wound
1. Edges are clean cut.
2. The wound is straight
3. Usually the wound is shallow near the extremities and deep at the middle portion.
4. Profuse hemorrhage because of the clean cut on the vessels.
5. Gaping is usually present due to the retraction of the edges.
6. Clothes will also show a clean cut if cut by the instrument.
7. Faster healing if without complications.
8. Incised wound made by broken glasses maybe irregular, needs to be removed.
Why a person suffers from incised wound
1. As a therapeutic procedure.
2. As a consequence of self-defense
3. Masochist may self-inflict incised wounds for self-gratification.
4. Addicts and mental patients.
Incised wound maybe
1. Suicidal
2. Homicidal
3. Accidental
Distinction between an Incised Wound and Lacerated Wound
Incised Wound Lacerated Wound
Edges are clean cut, regular and well defined Edges are roughly cut, irregular and ill-defined
There is no swelling or contusion around the incised There is swelling or contusion around the incised wound
wound
Extremities of the wound are sharp or maybe round Extremities of the wound are ill-defined and irregular
or contused
Examination by means of magnifying lens shows Examination by means of magnifying lens shows that the hair
that the hair bulbs are cut bulbs are preserved
Healing is faster Haling is delayed
Scar is linear or spindle-shape Scar is irregular
It is caused by sharp-edged instrument It is caused by a blunt instrument

 If the force is applied to a tissue is greater than its cohesive force and elasticity> the
tissue tears and a laceration is produced.
Characteristics
1. The shape and size of the injury do not correspond to the wounding instrument
2. The tear on the skin is rugged with extremities irregular and ill-defined
3. The injury developed is at the site where the blunt force is applied
4. The borders of the wound are contused and swollen
5. It is usually developed on the areas of the body where the bone is superficially located
6. Examination with the aid of the hand lens shows bridging tissue joining the edges and
hair bulb intact
7. Healing process is delayed and has more tendency to develop scar

Classification of lacerated wounds

1. Splitting caused by crushing of the skin between two hard objects.

2. Overstretching of the skin
When pressure is applied on one side of the bone> the skin over the area will be
stretched up to a breaking point to cause laceration and exposure of the fractured bone.
3. Grinding compression: the weight and the grinding movement may cause separation of
the skin with the underlying tissues.
4. Tearing: this may be produced by a semi-sharp edged instrument which causes irregular
edges on the wound like hatchet and choppers.
MEDICO LEGAL ASPECTS OF PHYSICAL INJURY

Factors responsible for the severity of the wounds

1. Hemorrhage may influence the severity of wound by loss of blood incompatible with life
2. Hemorrhage may result in an increase in pressure in or on the vital organs to affect the
normal function
3. Hemorrhage may cause mechanical barriers to the function of organs
Causes of Hemorrhage
1. Trauma
2. Natural causes
3. Size of injury
4. Organs involved
5. Shock
Fatal Effect of Wounds
A. Wound may be directly fatal by reason of:
1. Hemorrhage
2. Mechanical injuries on the vital organs
3. Shock
B. Wound may be Indirectly Fatal by Reason of:
 1. Secondary hemorrhage following sepsis
2. Specific infection
3. Scarring effect
4. Secondary shock
Complications of Trauma or Injury
1. Shock
a. Primary shock
b. Delayed or secondary shock
2. Hemorrhage
3. Infection
4. Embolism
a. Fat embolism
b. Air embolism
MEDICO LEGAL INVESTIGATION OF WOUNDS

A. Examinations of the Wound

1. Character of the wound
The description must first state the type of the wound, size, shape, nature of
edges and others.
2. Location of the wound
The region of the body where the wound is situated must be stated. It is
advisable to measure the distance of the wound from some fixed point of the body
prominence to facilitate reconstruction. This is important in determining the trajectory or
course of the wounding weapon inside the body.
3. Depth of the wound
Depth is measurable if the outer wound and the inner end is fixed.
4. Conditions of the surrounding of wound
There are markings left surrounding the wounds such as tattooing, abrasions,
contusions and others.
Such markings are indications of distance, weapons used, directions and penetrations.
5. Extent of the wound
Extensive injury may show marked degree of force applied in the production of
wounds.
6. Direction of the wound
The direction of the wound is material in the determination of the relative position
of the victim and the offender when such wound has been inflicted.
7. Number of wounds
Several wounds found in different parts of the body are generally an indicative of
murder or homicide.
8. Conditions of the locality
a. Degree of hemorrhage
b. Evidence of struggle
c. Information as to the position of the body
d. Presence of letter or suicide note
e. Condition of the weapon

B. Determination Whether the Wounds were Inflicted During Life or After Death
1. Hemorrhage:
As a general rule, hemorrhage is more profuse when the wound is inflicted during
the lifetime of the victim. In wounds inflicted after death, the amount of bleeding is
 comparatively less if bleeding occurred.
2. Signs of Inflammation:
There may be swelling of the area surrounding the wound, effusion of lymph or
pus and adhesion of the edges. Post-mortem wounds do not show any manifesting signs
of vital reaction.
3. Signs of Repair:
Fibrin formation, growth or epithelium, scab or scar formation conclusively shows
that the wound was inflicted during life. But the absence of signs of repair does not
show that the injury was inflicted after death. The tissue may not have been given ample
time to repair itself before death takes place.
4. Retraction of the Edges of the Wound:
Owing to the vital reactions of the skin and contractility of the muscular fibers, the
edges of the wound inflicted during life refract and cause gaping. On the other hand, in
the case of the wound inflicted after death, the edges do not gape and are closely
approximated to each other because the skin and the muscles have their contractility.

Distinction between Ante-mortem and Post-mortem wounds

Ante-Mortem Wound Post-Mortem Wound
Hemorrhage more or less copious and Hemorrhage slight or none at all and
generally arterial always venous
Marks of spouting of blood from arteries No spouting of blood
Clotted blood Blood is not clotted, if at all, it is a soft
clot
Deep staining of the edges and cellular The edges and cellular tissues are not
tissues, which is not removed by washing deeply stained. The staining can be
removed by washing
The edges gape owing to the reaction of The edges do not gape, but are closely
the skin and muscle fibers approximated to each other, unless the
wound is caused within one or two hours
after death.
Inflammation and reparative processes No inflammation and reparative processes

C. Determination whether the wounds are homicidal, suicidal or accidental

As to the nature of the wound inflicted:
a. Abrasions:
Extensive abrasions on the body are always suggestive of accidental death,
especially in death due to traffic accidents. In suicidal death, abrasions are
merely observed. In case of murder, abrasions are not common except when the
body is dragged on the ground. In homicide, abrasions may commonly be
observed especially when the victim offered some degree of resistance to the
attacker.
b. Contusions:
Contusion is rarely observed in suicidal death, except when the suicidal act was
done by jumping from a height. A person contemplating to commit suicide will not
choose a blunt object.
Contusion in accidental death may also be found in any portion of the
body. It is often due to a fall and due to a forcible contact with some hard objects.
c. Incised wounds:
Incised wounds are commonly observed in suicide and homicide. The depth,
location and other surrounding circumstances will differentiate one from the
 other. Accidental cuts are frequent everyday occurrences, but rarely as a cause
of death.
Points to be considered in the determination as to whether the wound is Homicidal,
Suicidal or Accidental:
1. External signs and circumstances related to the position and attitude of the body when
found.
2. Location of the weapon or the manner in which it was held.
3. The motive underlying the commission of the crime and other circumstances.
4. The personal character of the deceased
5. The possibility for the offender to have purposely changed the truth of the condition.
Length of time of survival of the victim after infliction of the wound:
1. Degree of healing
2. Changes in the body in relation to the time of death
3. Age of the blood stain
4. Testimony of the witness when the wound was inflicted
Extrinsic Evidence in Wounds:
1. Evidence from the wounding weapon
a. Position of the weapon
b. Blood on weapon
c. Hair and other substance on weapon
2. Evidence in the clothing of the victim
3. Evidence derived from the examination of the assailant
4. Evidence derived from the scene of the crime

GUNSHOT WOUNDS

1. Smoke (Soot, Smudging, Fouling, Smoke Blackening)

 This is one of the by-products of complete combustion of the gunpowder and other
elements with the propellant.
 It is merely deposited on the target and readily wiped off.
 It may be seen with a distance of up to 12 inches.
 The presence of the smudging at the wound of entrance infers a NEAR shot.
2. Powder Grains
 This consists of the unburned, burning and partially burned powder together with
graphite which comes out of the nozzle.
 In as much as it is relatively heavier than smoke, it leaves the barrel with appreciable
velocity and in near shot, it is responsible for the production of tattooing (stippling,
peppering) around the gunshot wound of entrance.
 The presence of tattooing or stippling may be seen around the wound of entrance up
to a distance of 24 inches, although there may be considerable variation from gun to
gun.
3. Powder Burns:
 It is a term commonly used by physicians whenever there is blackening of the margin
of the gunshot wound of entrance.
 The blackening is due to smoke smudging, gunpowder tattooing and to a certain
extent burning of the wound margin.
 It is the combined effects of these elements that are considered to be powder burns.
Abrasion Collar (Contuso-abraded Collar, Marginal Abrasion)
The pressure of the bullet on the skin will cause the skin to be depressed and as the
bullet lacerates the skin, the depressed portion will be rubbed with the rough surface of the
bullet. A perpendicular approach will produce an even width of the collar. An acute angle of
approach will cause an abrasion collar wider at the acute angle of approach.
Destructive Mechanism of Gunshot:
The following physical phenomena are responsible for the causation of injury in the body
of the victim.
1. Laceration and permanent cavity in the bullet trajectory.
2. Temporary cavity
3. Hydrostatic force
4. Shock wave
5. Fragmentation or disintegration of the bullet
Contact Fire:
The nature and extent of the injury is caused not only by the force of the bullet but also
by the gas of the muzzle blast and part of the body involved. The following factors must be
taken into considerations:
1. The effectiveness of the sealing between the gun muzzle and the skin.
2. The amount of gas liberated by the combustion of the propellant.
3. Nature of bullets.
4. Part of the body involved.
Loose Contact or Near Fire
1. Entrance wound maybe large circular or oval depending upon the angle of approach of
the bullet
2. Abrasion collar or ring is distinct
3. Smudging, burning, and tattooing are prominent with singeing of the hair
4. Muzzle imprint maybe seen depending upon the degree of slapping of the skin of the
gun muzzle
5. Carboxyhemoglobin is present in the wound and surrounding areas
Short Range Fire (1 to 15cm distance)
1. Edges of the entrance wound is inverted
2. If within the flame reach (about 6 inches in the rifle and high powered firearms and less
that 3 inches from an ordinary handgun), there is an area of burning.
3. Smudging is present due to smoke.
4. Powder tattooing is present
5. Abrasion ring or collar is present (contact ring)
Medium Range Fire (more than 15cm but less than 60cm)
1. Gunshot wound with inverted edges and with abrasion collar is present
2. Burning effects is absent
3. Smudging maybe present if less than 30cm distance
4. Gunpowder tattooing is present but of lesser density and has a wider area of distribution
5. Contact ring is present
Fired more than 60cm distance:
1. Gunshot wound is circular or oval depending on the angle of approach with abrasion
collar
2. Wound of entrance has no burning, smudging or tattooing
3. Contact ring is present
Distinction Between Gunshot Wound of Entrance and Wound of Exit
Entrance Wound Exit Wound
Appears to be smaller than the missile owing to Always bigger than the missile
the elasticity of the tissue
Edges are inverted Edges are everted
Usually oval or round depending upon the angle of It does not manifest any definite shape
approach of the bullet
 Contusion collar or contact ring is present due to Contusion collar is absent
invagination of the skin and spinning of the missile
Tattooing or smudging may be present when firing Always absent
is near
Underlying tissue are not protruding Underlying tissues may be seen protruding from
the wound
Always present after fire Maybe absent, if missile is lodged in the body
Paraffin test maybe positive Paraffin test always negative

MEDICO LEGAL ASPECTS OF SEXUAL CRIME

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 of Virginity:
1. Moral Virginity- the state of not knowing the nature of sexual life and not having
experienced sexual relation.
2. Physical Virginity- a condition whereby a woman is conscious of the nature of the sexual life
but has not experienced sexual intercourse.
3. Demi virginity- this term refers to a condition of a woman who permits any form of sexual
liberties as long as they abstain from rupturing the hymen by sexual act.
4. Virgo Intacta- this refers to truly virgin woman that there are no structural changes in her
organ to infer previous sexual intercourse, and that she is a virtuous woman.

Parts of the female body to be considered in the determination of the condition of virginity:
1. Breasts- are functionally related to the reproductive system since they secrete milk for
nourishment of the young child. At their inner structure are 15 to 20 lobes of glandular tissues
supported by connective tissue framework with variable amount of adipose tissue.

Classification of breast according to shape:

A. Hemispherical breasts- is like hemisphere. The contour lines are not straight but form part of
a circle or half of a sphere.
B. Conical breasts- has the shape similar to a cone. The outline consists of two converging lines
which meet at the region of the nipple.
C. Infantile of Flat breasts- is only slightly elevated from the chest without distinct boundary
and showing no definite shape.
D. Pendulous breast- the skin of the breast is loose making it capable of swinging in any
direction. This is commonly observed among parturient breast-feeding mothers.
1. The clitoris is the sensitive area located on the top of your vulva. Touching this area of your
body can make you feel sexually aroused and lead to climax, or an orgasm.

2. Vaginal Canal- as a general rule the vaginal canal of a virgin is tight and the rugosities are
sharp and prominent. Insertion of a finger or instrument may show certain degree or resistance.
3. Labia Majora and Labia Minora- the labia majora is firm, elastic and plump and its medial
borders are usually in close contact with each other so as to cover the labia minora and the
clitoris. The labia minora is soft, pinkish in close contact with one another, and its vestibule is
narrow.
4. Fourchette- a V-shape appearance as the two labia minora unite posteriorly. After severe
distention, the sharpness of the acute angle may become rounded with retraction of the edges.
5. Hymen- physicians give much attention in the examination of the hymen in the determination
of virginity.

Classifications of Hymen:

As to the shape:
1. Annular or circular- the opening is oval or circular located at the center of the hymen.
2. Infantile- the opening is small, usually linear, fleshy and resistant.
3. Semilunar or crescentric- the concavity may be facing either side or upwards or downwards.
The tapering ends of the crescent may be the frequent sites of laceration.
4. Linear- the opening is slit-like and usually running vertically.
5. Cribiform- the hymen presents several openings instead of a single one. In several instances
the openings are quite small and will require the use of a hand lens to make them visible.
6. Stellate- hymenal opening is like a star.
7. Septate- there are two openings which may be of equal or different sizes separated by a bridge
of hymenal tissue. After a sexual act there may be complete rupture of the bridging tissue or
marked distention of one to make the other opening almost visible.
8. Fimbriated- the border of the opening shows small irregular protusion towards the opening.
In some instances, the fimbriation may be big enough that the examiner may mistake it to be a
superficial laceration.
9. Imperforate- there is no opening on the hymen. When a woman starts to menstruate, surgery
may be necessary to open the hymen to allow free passage of menstrual blood.

As to number of openings:
1. Single orifice- having one opening
2. Septate- having two opening
3. Multiple- having several opening
4. Imperforate- without orifice

Defloration- is the laceration or rupture of the hymen as a result of sexual intercourse. All other
lacerations of the hymen which are not caused by sexual act are not considered as defloration.

Parts of the female genitalia that must be examined to determine defloration:

1. Conditions of the Vulva
Normally the labia majora and minora are in close contact with one another covering
almost completely the external genitalia. After defloration, the labia may gape exposing the
introitus vulvae.
2. Fourchette
The norval V-shape of the fourchette is lost on account of the previous stretching during
insertion of the male organ. Withdrawal of the stretching force will cause retraction of its walls
with rounding of the base.
3. Vaginal canal
 After repeated sexual acts, there is diminution of the sharpness or obliteration of the
vaginal rugosities. There will be laxity of its wall so that insertion of a medium size tube during
the medical examination can be done with slight resistance.
4. Hymen
The hymen is lacerated during the initial sexual act. However, it is not always the case.
Some hymens are thick, elastic and fleshy such that they can resist certain degree of distention
without causing laceration.

Facts to be considered in the medical examination of the hymen

a. General condition of the hymen- this include the width, thickness, elasticity, vascularity,,
and laxity. It may include pathological condition like inflammatory changes, signs of previous
trauma, developmental abnormality and foreign elements.
b. Original shape of the orifice (opening)- in case laceration is present, try to reconstruct the
hymen by means of a probe and determine the original shape of the opening. It may be linear,
circular, stellate, cresentric, septate, cribiform, imperforate and firmbriated.
c. If lacerated, the following must be noted
1. Degree of laceration
a. Incomplete laceration- rupture or laceration of the hymen is considered
incomplete when it does not involve the whole width of height of the hymen.
Incomplete laceration may be:
i. Superficial- the laceration does not go beyond one-half of the whole
width of the hymen
ii. Deep- the laceration involves more than one-half of the width of the
hymen but not reaching the base.
b. Complete laceration- the hymenal laceration involves the whole width but not
beyond the base of the hymen.
c. Compound laceration or complicated laceration- the laceration involves the
hymen and also the surrounding tissues.
1. Location of laceration
For the purpose of locating the site of the laceration, the hymenal orifice is related
to the face of a watch while the subject is in lithotomy position. With the examiner facing
the female genitalia, the location of the laceration will be described corresponding to the
time in the face of a watch.
2. Duration of the laceration
The determination as to how long changes observed in the lacerated tissue:
a. Fresh bleeding laceration- the laceration is of recent origin
b. Fresh healing with fibrin formation and with edema of the surrounding tissue- usually
after 24 hours
c. Healed laceration with congested edges and with sharp coaptible borders- the
laceration could have occurred 4 to 10 days.
d. healed laceration with sharp coaptible borders without congestion- approximately more
than 2 to 3 weeks.
e. healed laceration with rounded non-coaptible borders and retraction of the edges-
probably more than a month time.
4. Complication of laceration
 A vast majority of laceration of the hymen healed un-eventually, although in rare
instances complications set in. the following are the possible complications:
a. Secondary infection
b. Hemorrhage
c. Fistulate formation

MEDICO LEGAL ASPECTS OF POISONING

A poison is anything other than physical agencies which is capable of destroying life,
either by chemical action on the tissues of the living organism, or by physiological action by
means of different methods of absorption. Legally, a poison is a substance which if applied or
administered internally, has been applied or administered with the intention to kill or to do harm.
The intent in the administration is the essential element in law. The quantity does not
affect culpability, nor is the law concerned with the quantity in which the substance acts.

CLASSIFICATION OF POISONS

The classification of poisons maybe identified in different ways. Poisons can be

classified on how it affects the body in terms of manner of actions, reactions of the body,
and interactions of drugs with other substance. While the chemist, will understand the
properties of poison in terms of chemical properties.

The classification of poisons according to the manner of action and effect in the body are
the following:

A. CORROSIVES

1. Strong acids
a. Sulfuric acid
b. Nitric acid
c. Hydrochloric acid
2. Caustic alkalies
a. Potassium hydroxide
b. Sodium hydroxide
c. Ammonia
3. Compounds
a. Zinc chloride
b. Antimony trichloride
B. IRRITANTS
1. Non-metals
2. Salt of metals
3. Vegetable irritants

4. Animal Irritants
a. Cantharides
5. Food irritants

C. NARCOTICS
1. Somniferous group
 a. Opium c. Synthetic hypnotics
b. Chloral
2. Deliriant
a. Belladonna
b. Cocaine
D. DEPRESSANTS
1. Neural depressant: Paralysis of the spinal cord
a. Aconite
b. Conium
2. Cerebral depressant: Inhibiting the brain functions
a. Hydrogen cyanide c. Laurel water
b. Oil of bitter almond
3. Cardiac depressant
a. Digitalis c. Camphor
b. Strophanthus
E. POISONS WHICH ARE EXITO MOTOR IN ACTION
1. Strychnine
2. Brucine
3. Thebaine
F. POISONOUS AND IRRESPIRABLE GASES
1. Poisonous gases:
a. Carbon dioxide c. Hydrogen sulfide
b. Carbon monoxide d. Arseniureted hydrogen
2. Irrespirable gases:
a. Chlorine c. Hydrogen cyanide
b. Benzine
G. CONTACT POISONS
1. Vegetable irritants c. Chemical irritants
2. Animal irritants
H. VULNERANTS
1. Nails
2. Broken glasses
3. Dust
Conditions of the Cadaver that make it difficult in the examination of poison

1. Embalming
2. Putrefaction

Recommended Organs to be saved for Suspicious Poisoning

Poison to be tested Organs to be submitted

Arsenic (Acute Poisoning) Liver, kidney, stomach contents

Arsenic (Chronic Poisoning) Liver, urine, hair

Alcohol Blood, liver, kidney, urine, brain

Cyanide or HCN Stomach and liver

Carbon monoxide Blood placed in a sealed container

 Alkali Stomach and contents, esophagus

Morphine and other alkaloids Stomach and contents, liver, urine

Barbiturates Brain, liver, kidney, urine

CIRCUMSTANCES AFFECTING ACTION OF POISONS

1. Methods of Administration
a. Oral
b. Subcutaneous
c. Intramascular
d. Endodermal
e. Rectum, vagina, bladder
2. Idiosyncracy: The sensitivity of the persons to certain foods or drugs
3. Age
4. Habit
5. Dose
6. State of the stomach and contents

ROBBERYAND THEFT INVESTIGATION

Article 293 – Robbery in General

Any person who, with intent to gain, shall take any personal property belonging to
another by means of violence or intimidation of any person, or by using force upon anything
shall be guilty of robbery.
Elements of Robbery
1. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon
things.
How robbery with force upon things is committed?
The malefactors shall enter the house or building in which the robbery was committed by
any of the following means:
1. Through an opening not intended for entrance
2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or
receptacle
6. By taking such furniture or objects away to be broken or forced open outside the
place of robbery.
General Types of Robbers
 1. Amateurs – motivated by greed, the desire for a thrill and self-testing.
2. Professionals – are those people who worked as robbers as a trade making it their
living and having no other means of income.
Note: Robbery – This is the taking or personal property belonging to another, with intent to
gain, by means of violence against, or intimidation of any person, or using force upon anything.
Two Kinds of Robbery:
1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be the
legal owner, possession is sufficient. The property must be personal property
and cannot refer to real property.
b. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
d. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be presumed
from the unlawful taking of another’s property. However, when one takes a
property under the claim of ownership or title, the taking is not considered to be
with intent to gain. (U.S. vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave coercion.
h. Violence or intimidation must be against the person of the offended party, not
upon the thing.
i. General rule: violence or intimidation must be present before the “taking” is
complete.
Exception: when violence results in-homicide, rape, intentional mutilation or any of the serious
physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery complex with any
of this crime under ART. 294, even if taking is already complete when violence was used by the
offender.
j. Use of force upon thing – entrance to the building by means described and ART.
299 and 302 (Offender must enter). The other kind of robbery is one that is
committed with the use of force upon anything in order to take with intent to gain,
the personal property of another. The use force here must refer to the force
employed upon things in order to gain entrance into a building or a house.
(People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is robbery
with violence.
Robbery and Theft, compared.
a. Both robbery and theft involved unlawful taking as an element;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of
person or the employment of force upon things; whereas in theft, the taking is
done simply without the knowledge and consent of the owner.
Investigative Techniques in Robbery cases:
a. The investigator must initiate similar preliminary steps upon reaching the crime
scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of
piracy.
h. Coordinate with other law enforcement agencies.
Theft—Personal properties are taken without the consent or knowledge of the owner.
a. Pickpockets, simple snatching and other forms are included in this classification.
b. Theft inside a house or a building where entry is thru an open or closed door but
unlocked, this is theft;
c. Breaking the glass panes of a show window and extending an arm to get the
valuables inside is theft as the force upon things is not used as means of entry. If the
one who breaks the glass pane bodily entered the show window, it would be robbery
with force upon things.

Homicide Investigation
It is the official inquiry made by the police on the facts and circumstances surrounding
the death of the person which is expected to be criminal or unlawful.

Homicide
Any person who, not falling within the provisions of Article 246 (Parricide) Revised Penal
Code shall kill another without the attendance of any of the circumstances enumerated in Article
248 (Murder) RPC, shall be deemed guilty of homicide.
The elements of homicide are:
(1) A killing exist
(2) The accused did the act without legal justification and with intent to kill
(3) The killing is neither murder, parricide or infanticide.
Intent to kill is presumed if death results from the unjustified act. If death did not result
from the act, intent to kill is essential to prove attempted or frustrated homicide otherwise the
crime may be physical injuries only.
Responsibilities of a Homicide Investigator
1. Homicide investigators, when called upon to investigate a violent death, stand on the
dead man’s shoes, to produce his instincts against those suspects.
Consequently, the zeal, enthusiasm and intelligence the investigator brings in the
case marks the difference between a murderer being convicted or set free.
2. If the investigator interprets an accidental death as due to natural death and wisdom or
the family may be deprived of benefits and other properties which the deceased have
sacrificed to obtain.
3. If he interprets a criminal death as accidental or natural, a guilty person is otherwise set
free.
Note: Remember that the police is the first line of defense in the effective application of criminal
justice.
Mistakes in Homicide Investigation
1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind him.
It is important that the case be adequately handled by competent personnel.
The following are the 3 bridges:
A. The dead person has been moved. It is therefore necessary that photographs be
taken, measurements made, fingerprints taken and other necessary tasks to be first
carried out.
B. The second bridge is burned when the body is embalmed. Embalming destroys
traces of alcohol and several kinds of poison. If poisoning is suspected, the internal
organs should be removed.
C. The third bridge is burned when the body is burned or cremated.
To exhume a body is difficult and expensive. The lapse of time makes the examination
doubly difficult and a conclusion is hard to arrive at. Cremation destroys the body itself.
The Medico-Legal Autopsy
1. The real beginning of any homicide investigation should be to establish the cause of
death accurately.
2. An autopsy should be performed at once when there is the slightest reason to suspect
the probability of homicide.
3. In general, it may be stated that death has been caused by violence, an autopsy is
always performed unless there is adequate proof to the contrary.

The Role of the Medico Legal Officer in Homicide Investigation

The determination of criminal responsibility in death has been developed into a
specialized field of medical science called forensic pathology. A pathologist can assist in
homicide investigation by:
1. Documentation of all wounds, bruises, scratches, scars or other marks at the time of the
autopsy.
2. Interpretation of findings based on medical facts. The following question may be
answered by the pathologist:
A. What was the cause of death?
B. Which wound is fatal?
C. How long did the victim live after the injury (volitional activity after injury)
D. What distance could the victim’s have walked or run?
E. What position was the victim in at the time of the Assault?
F. From what direction was the force applied?
G. Was there evidence of a struggle or a defense mark?
The Importance of Establishing the Identification of Homicide Victims
The identification of the victim is an important investigative step for the following
reasons:
A. It provides an important basis for the investigation processes since it may lead the
investigator directly to other important information leading to the solution of the crime.
B. The identity of the dead person provides the focal point starting point for the
investigation since the investigators can then center their attention on associates and
haunts of the deceased.
C. The identity of the deceased may arouse suspicion in mysterious death since the victim
may be a person whose life had been threatened or whose death was desired for
criminal purposes.
D. The identification of the deceased can be traced or related to wanted persons or missing
one.
 Guidelines in Homicide Investigation
1. Record the time the call was received as well as the time of arrival at the scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have been noted and photographed.
The position of evidence should be measured and/or photographed in reference to permanent
fixtures in the crime scene.
4. Pay attention to the wound inflicted which may have caused the death of the victim and how it
was committed.
5. Designate one person to pick up all physical evidence. No one should touch or move
anything unless and until the fingerprint technician has finished his tasks.
6. A systematic, detailed search of the crime scene should be conducted.
7. Colored as well as black-and-white photographs should be taken.
8. Look for physical evidence that will tend to prove the elements of the crime under
investigation.
9. Take note of unusual odors, symbols, fetishes, rituals.
10. When the body is finally moved, attention should be given to the area beneath the body.
Things to Remember in the conduct of Homicide (Generic) Investigation
Places of Importance
1. The crime scene. Make a methodical and thorough search.
2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this route.
4. Places where the victim was seen immediately prior to his death. Who was with him/her?
What was he doing? Was this customary? Get the time.
5. Places where the suspect claims he was; places where he was seen before, during and after
the crime was committed for the purpose of checking his alibi.
6. Places where evidence can be found. Weapons or poison, etc. – Where can they be
obtained? Where can they be hidden?
7. Places where the suspect and the victim were frequently seen before the commission of the
crime.
8. Place/s of suspect/s lairs.
Time of Importance
1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim’s movement preceding death
6. Time relating to suspect(s) movements.
7. Time the crime scene was turned over by the first responder to the investigator.
Persons of Importance
1. Victim – victim’s personal background/history and his/her relationship with other people.
2. Witnesses - Get their statements without delay.
3. Suspects - Isolate them if there is absolute evidence against them.
Things of Importance
1. Body of the deceased.
2. Properties or belongings of the deceased. Here, we may find a motive.
3. Weapons – what in particular? Locate, list and record them as evidence.
4. Means of transportation