FINALS Flashcards
Legal Classifications of Physical Injuries
-Slight Physical Injuries
-Less serious Physical Injuries
-Serious Physical Injuries
-Mutilation
Require medical attendance
from one to nine days, small contusions and abrasions.
Ill-treatment of another by deed without causing any injury.
Slight Physical Injuries
Require medical
attendance from ten to twenty- nine days.
Intent to insult or offend the injured person; circumstances adding ignominy.
Crime is not direct
assault.
Less Serious Physical Injuries
Require medical
attendance for more than thirty days; wounding, beating, assaulting, administering injurious substance without intent to kill.
Serious Physical Injuries
Act of looping or cutting off any part or parts of the living body. Depriving a person either totally or partially, of some essential organs for reproduction.
Mutilation
Kinds of Mutilation (Art. 262, RPC)
Intentionally depriving a person, totally or partially of some of the essential organs
for reproduction;
Intentionally depriving a person of any part or parts of the human body other than
the organs of reproduction.
unlawful and violent deprival of another of the use of a part of the body
Mayhem
Refers to the process of
examining individuals who have suffered physical injuries or been involved in incidents with legal implications.
Medic-legal Examination
Importance and Purpose of MLE
Provide objective and scientific evaluation of physical injuries, helping establish their cause, nature, and severity.
Importance and Purpose of MLE
To document and collect evidence that can be presented in court, aiding in the investigation, prosecution, and resolution of criminal cases.
Legal Framework
-Philippine Constitution
-RPC (Act No.3815)
-RCP (Rule 110-117)
-Rules on Evidence (Rule 127-130, Revised Rules of Court)
-DOH Admin orders
-Professional Regulatory Boards and Associations
Who shall conduct the examination
Qualified Medical Professional
Medico-legal examinations should be conducted by
qualified medical professionals such as:
forensic doctors or medico-legal specialists
Examination Process
-Medico-legal examinations follow a systematic process.
-Involves obtaining a detailed medical history.
-Conducting a physical examination, documenting injuries.
-Collecting forensic evidence,
and interpreting the findings.
Medico-legal examination is usually requested by law enforcement agencies,
prosecutors, or the courts.
Referral and Scheduling
Before the examination, the medico-legal expert will conduct a preliminary interview with the individual being examined or their authorized representative.
Preliminary Interview
Includes any previous medical conditions, treatments, or injuries that may be relevant to the case.
Medical History and Records
-Medico-legal expert carefully examines and documents any injuries, wounds, or signs of
trauma.
-They may also collect samples, such as blood, hair, or swabs, for further analysis and testing if necessary.
Physical Examination
This documentation serves as crucial evidence in legal proceedings.
Documentation and Photography
These tests can include toxicology screenings,
DNA analysis, or other specialized examinations to
aid in the investigation and provide scientific
evidence.
Laboratory Testing
Based on the examination findings, the medicolegal
expert prepares a detailed report that includes an objective analysis of the injuries, their possible causes, and any other relevant findings.
Report Preparation
Examination for Domestic Violence Victims
- Initial Assessment
-Consent and Confidentiality
-History Taking
-Physical Examination
-Collection of Sample
-Medical Documentation
-Psychological Assessment and Referral
-Chain of Custody
-Collaboration and Reporting
Identified by Analysis: Presence & amount of alcohol and drugs
Sample Type: Blood Sample and Urine
Identified by Analysis: Identify biological fluids (wet and dry);
foreign material; comparison with other hairs found in the body; past history of drug use.
Sample Type: Hair (Pubic,Head)