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Specialized Crime Investigation 1 With Legal Medicine
Specialized Crime Investigation 1 With Legal Medicine
Specialized Crime Investigation 1 With Legal Medicine
INVESTIGATION 1 WITH
LEGAL MEDICINE 1. To discover whether an offence has been
committed under the law.
SPECIAL CRIME 2. To discover how it was committed
INVESTIGATION 3. Who committed it and by whom it was committed
4. When it was committed
Special Crime Investigation deals 5. And under certain circumstances why it was
with the study of major crimes committed
based on the application of special
investigative technique. RESPONSIBILITIES OF A HOMICIDE
The study concentrates more on INVESTIGATOR
physical evidence, its collection,
handling, identification and 1. When called upon to investigate violent death, he
preservation in coordination with stands on the dead man’s shoes to produce his
the crime laboratory instincts against those suspects.
Special Crime Investigation 2. The enthusiasm and intelligence the investigator
involves a close relationship brings in the case marks the difference between a
between the prober in the field and murderer being convicted and set free.
the crime laboratory technician. 3. If he interprets a criminal death accidental or
They work together as a team, natural, a guilty person is set free.
reacting to and extending one 4. Remember that the police is the first line of defence
another’s theories and findings in the effective application of criminal justice.
both working patiently and
thoroughly to solve a crime from MISTAKES IN THE HOMICIDE
their investigative discoveries. INVESTIGATION
The present criminal justice system
in our country, the court relies The mistakes of the homicide investigator cannot
more on physical evidence rather be corrected.
than extra-judicial confession. The homicide investigator should not cross the
three bridges which he burns behind him. It is
PHASES OF SPECIAL CRIME important that competent personnel adequately
INVESTIGATION handle the case.
PRELIMINARY INVESTIGATION Three Bridges (MEC RULE)
- It is an action taken by the first The dead person has been moved
responder who arrive the crime scene The cadaver is embalmed
after detection or report of said crime. The body is burned or cremated
- It serves as foundation for the case.
Basic Guide for the Investigator to look upon is to
IN- DEPTH INVESTIGATION establish the following:
1. Corpus delicti or facts that crime was committed
- It is the re-examination of all leads 2. Method of operation of the suspect
secured during preliminary 3. Identity of the guilty party
investigation
Is defined as an act committed or 4. The child should not be less than 3 days old.
omitted violation of a public law Otherwise, the offense is infanticide
forbidding or commanding it.
It is also defined as an act that * That the mother killed her child in order to conceal
violates the law of nation. her dishonor is not mitigating. This is immaterial to the
crime of parricide, unlike in the case of infanticide. If
the child is less than three days old * Article 365 expressly provides that parricide can be
when killed, the crime is infanticide and committed through reckless imprudence. The penalty
intent to conceal her dishonour is will not be under Article 246 but under Article 365.
considered mitigating.
ARTICLE 247. Death or Physical Injuries
5. Relationship must be alleged. Inflicted under Exceptional Circumstances
- In killing a spouse, there must be a A legally married person or parent surprises his
valid subsisting marriage at the time of spouse or daughter (the latter must be under 18 and
the killing. Also, the information living with them) in the act of committing sexual
should allege the fact of such valid intercourse with another person
marriage between the accused and the
victim. He/she kills any or both of them or inflicts upon any
or both of them any serious physical injury in the act
In a ruling by the Supreme Court, it was or immediately thereafter.
held that if the information did not
allege that the accused was legally Notes:
married to the victim, he could not be *1. Article does not define or penalize a felony.
convicted of parricide even if the * Article 247, far from defining a felony merely
marriage was established during the trial. grants a privilege or benefit, more of an exempting
In such cases, relationship shall be circumstance as the penalty is intended more for the
appreciated as generic aggravating protection of the accused than a punishment. Death
circumstance. under exceptional character can not be qualified by
either aggravating or mitigating circumstances.
The Supreme Court has also ruled that
Muslim husbands with several wives * If the accused fails to establish the
can be convicted of parricide only in circumstances called for in Article 247, he/she will be
case the first wife is killed. There is no guilty of Parricide and Murder or Homicide if the
parricide if the other wives are killed victims were killed.
although their marriage is recognized as
valid. This is so because a Catholic man 2. Not necessary that the parent be legitimate
can commit the crime only once. If a 3. Article applies only when the daughter is single
Muslim husband could commit this 4. Art 247 is applicable when the accused did not see his
crime more than once, in effect, he is spouse in the act sexual intercourse with another person.
being punished for the marriage which However, it is enough that circumstances reasonably
the law itself authorized him to contract. show that the carnal act is being committed or has been
committed.
6. A stranger who cooperates in
committing parricide is liable for * It is not necessary that the spouse actually saw
murder or homicide. the sexual intercourse being committed. It is enough
that he/she surprised them under such circumstances
- Since parricide is a crime of that no other reasonable conclusion can be inferred but
relationship, if a stranger conspired in that a carnal act was being performed or has just been
the commission of the crime, he cannot committed.
be held liable for parricide. His
participation would make him liable for 5. Sexual intercourse does not include preparatory acts
murder or for homicide, as the case may
be. The rule of conspiracy that the act 6. IMMEDIATELY THEREAFTER: means that the
of one is the act of all does not apply discovery, escape, pursuit and the killing must all form
here because of the personal parts of one continuous act.
relationship of the offender to the
offended party. 7. No criminal liability is incurred when less serious or
slight physical injuries are inflicted. Moreover, in case
7. Even if the offender did not know third persons caught in the crossfire suffer physical
that the person he had killed is his son, injuries, the accused is not liable. The principle that one
he is still liable for parricide because the is liable for the consequences of his felonious act is not
law does not require knowledge of the applicable because he is not committing a felony
relationship
- A person who acts under Article 247 is 5. with evident premeditation.
not committing a crime. Since this is
merely an exempting circumstance, the 6. with cruelty, by deliberately and inhumanely
accused must first be charged with: augmenting the suffering of the victim or outraging or
scoffing at his person or corpse .
(1) Parricide – if the spouse is killed;
(2) Murder or homicide – depending on The following are holdings of the Supreme Court
how the killing was done insofar as the with respect to the crime of murder:
paramour or the mistress is concerned; 1. Killing of a child of tender age is murder qualified
(3) Homicide – through simple by treachery because the weakness of the child due
negligence, if a third party is killed; to his tender age results in the absence of any
(4) Physical injuries – through danger to the aggressor.
recklessimprudence, if a third party is 2. Evident premeditation is absorbed in price, reward
injured. or promise, if without the premeditation the
inductor would not have induced the other to
If death results or the physical commit the act but not as regards the one induced.
injuries are serious, there is 3. Treachery is inherent in poison.
criminal liability although the 4. Where one of the accused, who were charged with
penalty is only destierro. The murder, was the wife of the deceased but here
banishment is intended more for relationship to the deceased was not alleged in the
the protection of the offender information, she also should be convicted of murder
rather than a penalty. but the relationship should be appreciated as
aggravating.
If the crime committed is less 5. Killing of the victims hit by hand grenade thrown at
serious physical injuries or slight them is murder qualified by explosion not by
physical injuries, there is no treachery.
criminal liability.
Article 255. INFANTICIDE
ARTICLE 248 - MURDER Committed by any person who shall kill any child less
Murder is the killing of another than three days of age (less than 72 hours).
attended by a qualifying
circumstances When the offender is the father, mother or
legitimate ascendant, he shall suffer the penalty
A.) That the killing was attended by prescribed for parricide. If the offender is any other
any of the following qualifying person, the penalty is that for murder. In either case,
circumstances the proper qualification for the offense is
infanticide.
1. with treachery, taking advantage of
superior strength, with the aid of armed Even if the killer is the mother or the father or the
men, or employing means to weaken the legitimate grandparents, the crime is still
defense or of means or persons to insure Infanticide and not Parricide. The penalty however,
or afford impunity is that for Parricide.
A principle that, when the court has In 1598, Severin Pineau published in Paris a work on
once laid down a principle of law virginity and defloration.
or interpretation as applied to a
certain state of facts, it will adhere Orfila (1787-1853) introduced chemical methods in
to and apply to all future cases toxicology. In his Traite' des Poison, he mentioned
where the facts are substantially mineral, vegetable and animal poison in relation with
the same. physiology, pathology and legal medicine. He was
considered later as the founder of modern toxicology.
BRIEF HISTORY OF LEGAL
MEDICINE On December 23, 1975, Presidential Decree 856 was
promulgated and Sec. 95 provides
IN WORLDWIDE SCALE:
A. Persons authorized to perform autopsies:
The earliest recorded medico- 1. Health officers
legal expert was Imhotep (2980 B.C.). 2. Medical officers of law enforcement agencies
He was the chief physician and architect 3. Members of the medical staff of accredited
of King Zoser of the third dynasty in hospitals
Egypt and the builder of the first
pyramid. That time was the first B. Autopsies shall be performed in the following cases:
recorded report of a murder trial written
on clay tablet. 1. Whenever required by special laws;
2. Upon order of a competent court, a mayor and a
The Code of Hammurabi, the provincial or city fiscal;
oldest code of law (2200 B.C.) included 3. Upon written request of police authorities,
legislation on adultery, rape, divorce, 4. Whenever the Solicitor General, provincial or city
incest, abortion and violence. fiscal deem it necessary to disinter and take
possession of the remains for examination to
Hippocrates (460-355 B.C.) in determine the cause of death;
Greece discussed the lethality of 5. Whenever the nearest kin shall request in writing
wounds. Aristotle (384-322 B.C.) fixed the authorities concerned to ascertain the cause of
animation of fetus at the 40th day after death.
conception.
MEDICOLEGAL ASPECTS OF DEATH
That bodies of all women dying
during confinement should Death is the termination of life. It is the
immediately be opened in order to save complete cessation of all the vital functions without the
the child's life was promulgated during possibility of resuscitation
Dying is a continuing process of serious sequelae which actually cause the death.
while death is an event that takes place
at a precise time. KINDS OF DEATH
TESTIMONIAL EVIDENCE:
A physician may be
commanded to appear before a court to
give his testimony. While in the witness
stand, he is obliged to answer questions
propounded by counsel and presiding
officer of the court. His testimony must
be given orally and under oath or
affirmation.
EXPERIMENTAL EVIDENCE:
A medical witness may be
allowed by the court to confirm his
allegation or as a corroborated proof to
an opinion he previously stated. The
issue as to how long a person can