LLB- 4C

I. Outline of the medico-legal investigation

of physical injuries:
1) General Investigation of the surroundings:

Place where the crime was committed
clothing, stains, cuts, hair and other foreign
bodies
Witnesses
wounding instruments
Photography, sketching, or accurate description
of the scene of the crime for preservation


2) Examinations of the Wounded Body:

a) Examinations applicable to the living and dead
victim:
Age of the wound
kind of weapon
multiplicity of wounds
injury: accidental, suidal, or homicidal

b) Examinations applicable to the living:
Purpose: To determine whether the injury will produce
any of the following:
danger to life;
permanent deformity;
shock;
complication




c) Examinations applicable to dead victim:

Purpose: To determine whether the wound
is caused by or produce the following:

ante-mortem or post-mortem
mortal or not
death accelerated by a disease
accident, suicide or homicide


3) Examinations of the Wound
a) Character of
the Wound
b) Location of
the Wound
c) Depth of the
Wound
d) Conditions of the
Surroundings
e) Extent of
the Wound
f) Direction of the
Wound
g) Number of
Wounds
h) Conditions of
the Locality
ABRASION
CONTUSION
HEMATOMA
a. Character of the Wound
Incised
wound
Lacerated
wound
Stab
wound
To facilitate reconstruction
To determine the trajectory or course of
the wounding weapon inside the body
b. Location of the
Wound
Depth is measurable if the outer
wound and inner end is fixed
Except: abdomen
c. Depth of the Wound
gunshot wound- contact fire
suicidal incised wound- superficial
tentative cuts (hesitation cuts)
Lacerated- contusion of skin
d. Condition of the
Surroundings
homicidal cut-throat cases- deeper than in
cases of suicide
e. Extent of the Wound
To determine the relative position of the
victim and the offender
Ex: incised wound
f. Direction of the
Wound
indicative of homicide or murder
g. Number of Wounds
(1) Degree of hemorrhage
(2) Evidence of
Struggle
(3) Information as
to the position of
the body
(4) Presence of
letter or suicide
note
h. Conditions of Locality
FACTORS
HEMORRHAGE
SIGNS OF
INFLAMMATION
SIGNS OF
REPAIR
RETRACTION
OF THE EDGES
OF THE WOUND
DISTINCTIONS BETWEEN ANTE-MORTEM & POST-MORTEM
WOUNDS
ANTE-MORTEM WOUND POST-MORTEM WOUND
1. Hemorrhage more or less copious
and generally arterial.
1. Hemorrhage slight or none at all
and always venous.
2. Marks of spouting of blood from
arteries.
2. No spouting of blood.
3. Clotted blood 3. Blood is not clotted; if at all, its a
soft clot.
4. Deep staining of the edges and
cellular tissues, which is not removed
by washing.
4. The edges and cellular tissues are
not deeply stained. The staining can
be removed by washing.
5. The edges gape owing to the
reaction of the skin and muscle fibers.
5. The edges do not gape, but are
closely approximated to each other,
unless the wound is caused within one
or two hours after death
6. Inflammation and reparative
processes.
6.No such processes.
Source: Medical Jurisprudence and Toxicology by N.J. Modi, 12
th
ed., p.237.
Determinations whether the wounds are homicidal,
suicidal, or accidental
As to the
Nature of the
Wound
Inflicted:
a. Abrasions

b. Contusion

c. Incised
Wounds


ACCIDENTAL
DEATH
Extensive abrasions due
to traffic accident
found in any portion
of the body, due to a
fall and forcible
contact with hard
objects
Rare
SUICIDAL DEATH rarely observed rarely observed,
except if done by
jumping from a
height

Commonly
observed

HOMICIDAL DEATH Commonly observed
when the victim offered
some degree
Of resistance to the
attacker
Commonly
observed
Other information:

a. Signs of Struggle
b. Number and Direction of Wounds
c. Direction of the wound
d. Nature and Extent of the Wound
e. State of the Clothings
III.
LENGTH OF TIME OF
SURVIVAL OF THE VICTIM
AFTER INFLICTION OF THE
WOUND

FACTORS
(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
The injured
portion of the body
undergoes
chemical and
physical changes
The capillaries are
dilated and edema
develops at once.
Migration of white
cells from
capillaries to
damaged area
Fibroblasts begin
to proliferate with
formation of the
granulation tissues
Signs of repair
BASIS AS TO HOW
LONG A PERSON
SURVIVED:

Degree of the ff:
Wasting
anemia
Condition of the
face
Bed sore formation

* Physical color
changes of the skin
actual witness
may testify to the
exact time the
wound was
inflicted
Medical evidence
is merely
corroborative
IV. POSSIBLE INSTRUMENTS USED BY THE ASSAILANT IN
INFLICTING THE INJURIES
NATURE OF WOUND WOUNDING INSTRUMENT
1. Contusion blunt instrument

2. Incised wound Sharp-edged instrument
3. Lacerated wound blunt instrument
4. Punctured wound Sharp-pointed object
5. Abrasion rough hard surface
6. Gunshot wound the diameter of the wound of
entrance may approximate the
caliber of the wounding firearm
V.
WHICH OF THE INJURIES
SUSTAINED BY THEVICTIM
CAUSED DEATH
VI. WHICH OF THE WOUND WAS INFLICTED FIRST?
FACTORS
1. Relative position of the assailant and the victim when
the first injury was inflicted on the latter
2. Trajectory or course of the wound inside the body of the
victim
3. Organs involved and degree of injury sustained by the
victim
4. Testimony of witnesses
5. Presence of defense wounds on the victim
VII. EFFECT OF MEDICAL AND SURGICAL INTERVENTION
ON THE DEATH
*The offender will still be held responsible if it can be proven that
death may result even without operation by physician
* If the victim merely received minor wounds but death resulted on
account of gross negligence of the physician, the offender is free from
liability. The latter will be responsible only to physical injuries
inflicted prior to such case.
EFFECT OF NEGLIGENCE OF THE INJURED PERSON ON THE DEATH

A person is not bound to submit himself to medical treatment for
the injuries received during the assaul. The fact that the victim would
have lived had he received appropriate medical attention, is immaterial.
Hence, the refusal of the deceased to be operated does not relieve the
offender of the criminal liability for his death (People vs Sto. Domingo,
C.A. G.R. No. 3783)
VIII. POWER OF VOLITIONAL ACTS OF THE VICTIM
AFTER RECEIVING A FATAL INJURY

Dying declaration
medical witness determines victims capacity
to perform volitional acts

Fatal injuries which may not hinder to perform volitional acts:
General Rule: severe injury of the brain and cranial box
produces unconsciousness, but after a while the victim may be
capable of performing volitional acts

Wounds of the big blood vessels like carotid, jugular or aorta do
not prevent the person from exercising volunt5ary acts

Penetrating wound of the heart
CONSIDERATIONS
Locomotion of the
wound in the body
of the victim
Direction of
the wound
Nature of the
instrument
used in
inflicting
injury
Testimony of
witnesses
IX. RELATIVE POSITION OF THE VICTIM
AND ASSAILANT WHEN INJURY WAS
INFLICTED
X. EXTRINSIC EVIDENCES IN WOUNDS
(1)
Evidences
from the
wounding
weapon
(2)
Evidences in
the Clothings
of the Victim
(3)
Evidences
derived from the
Examination of
Assailant
(4)
Evidences
derived from
the Scene of
the Crime
a. Position of
the Weapon

b. Blood on
weapon

c. Hair and
Other
Substance
on weapon
* Cases of
gunshot
wounds
Blood stains
from the
victim
Fingernails
Parraffin test
Degree of
intoxication,
mental
condition,
physical
power
Condition of
surrounding
objects
Amount of
hemorrhage
Identifying
articles
Wounding
instrument