CHAPTER 1 LEGAL MEDICINE

medicine to the proper

administration of justice.

Legal Medicine
- Is that branch of medicine that
applies, medical and surgical
concepts, scientific knowledge and
skills to medico legal issues, in
order to assist the trier of facts in
the proper dispensation of justice.
Medical Jurisprudence
- is the study of the Medical Law and
its applicable Jurisprudence that
governs, regulates and defines the
practice of medicine.

In the Phil. , the father of Legal

Medicine can be rightfully bestowed
to Dr. Pedro P. Solis. His book on
Legal Medicine copyrighted in 1987,
contains the most extensive treatise
and teachings in Philippine Legal
Medicine.
APPLICATION OF LEGAL MEDICINE TO
LAW:
Legal Medicine is Applied to Law
1. Civil law
- the determination and
termination of civil personality
- the limitation or restriction of a
natural persons capacity to act
- marriage and legal separation
- paternity and filiation
- testamentary capacity of a
person making a will
- the right to hereditary
succession

In the Philippines, Legal Medicine is the

appropriate name for Forensic
Medicine.
Modern Legal medicine has a broad
range of applications, it is used in civil
cases such as paternity and filiation,
annulment of marriage, DNA testing ,
etc.
In all cases the medical examiner must
conduct an investigation of the crime
scene and also an autopsy.

2. Criminal Law
- Felonies and circumstances which
affect criminal liability
- Civil liability ex delictu
- Crimes relative to opium and
prohibited drugs
- Crimes against persons
- Crimes against chastity
- Crimes against civil status of
persons
- Quasi offenses

TECHNIQUES OF LEGAL MEDICINE:

- Legal Medicine uses sophisticated
laboratory techniques to detect the
presence of substances in the
victim, in the suspected criminal, or
at the crime scene.
- Forensic examination of substances
found at a crime scene can often
establish the presence of the
suspect at the crime scene.

3. Remedial Law
- Physical and Mental Examination of
a person
- Hospitalization of insane persons
- Rules of Evidence

LEGAL MEDICINE AND THE LEGAL SYSTEM

- Courts routinely call upon
physicians to give expert testimony
in a trial, especially concerning the
findings of an autopsy and the
results of laboratory tests.
- As an expert witness he is allowed
to express an opinion about the
validity of the evidence in a case
and may quote the statements of
other experts in support of an
opinion.
- Ordinary testimony is restricted to
statements concerning what the
witness actually saw or heard.
- The evidence to be presented by
the legal medicine expert must
signify a relation between the facts
called the Factum Probandum or
proposition to be established and
the factum Probans which is the
material evidencing the proposition.
- The Physician must present
RELEVANT, MATERIAL AND
COMPETENT EVIDENCE.

4. Special Laws
- Dangerous Drug Act
- Youth and Child Welfare Code
- Sanitation Code
- Insurance law
- Labor Code
- Employees Compensation Law
5. CORPUS DELICTI
- Is the body or substance of the
crime and is defined as the fact that a
crime actually has been committed. In
all criminal prosecutions, the burden is
on the prosecution to prove the corpus
delicti.
QUANTUM OF PROOF
1. In Civil Cases the quantum of proof
necessary to prove a civil complaint is a
PREPONDERANCE OF EVIDENCE. The
party filing or bringing a civil complaint
has the burden of proof and must
establish the truth and righteousness of
his allegations by a preponderance of
the evidence admitted by a competent
court.

HISTORY OF LEGAL MEDICINE:

- Paulus Zacchias ( 1584 1659 ) is
the Father of Forensic Medicine.
He was the first to describe the
importance and application of

2. In Criminal Cases
the quantum is proof beyond
reasonable doubt.
- In a criminal case the accused is
entitled to an acquittal, unless his
guilt is shown beyond reasonable
doubt
- Presumption of INNOCENCE is a
conclusion drawn by the
constitution and the law in favor of
the accused , while REASONABLE
DOUBT, is a condition of mind
produced by proof resulting from
evidence in the case.

Any person who practice any of the

above acts enumerated, without any
valid certificate of registration as a
physician, is practicing illegal medicine.

The Nature of the Physician Patient

Professional Relationship is
1. Consensual:
- based on mutual consent of both
patient and physician.
- Contracts that are consensual in
nature, are perfected upon mere meetings
of the minds
2. Fiduciary:
- founded in trust, faith, and
confidence reposed by one person in the
integrity and fidelity of another.

3. To establish matters of defense

- The doctrine of reasonable
doubt applies only to incriminative
facts.

DUTIES AND OBLIGATIONS OF THE

PHYSICIAN TOWARDS HIS PATIENTS:
1. He must possess that knowledge and
skill possessed by an average physician.
2. He must use such knowledge and skill
with ordinary care and due diligence.
3. He is obliged to exercise his best
judgment
in good faith.
4. He has the duty to keep the secrets and
confidentialities of his patients.

4. To establish self defense

- One who sets up SELF
DEFENSE must rely on the strength of
his own evidence and not on the
weakness of that of the prosecution.
5. To establish Alibi
- It must be proved by positive,
dear and satisfactory evidence. Oral
Evidence of alibi is so easily
manufactured and usually unreliable
that it can rarely be given credence.
6. In Administrative Complaints
- In cases filed before
administrative or quasi judicial bodies,
a fact maybe deemed established if it
supported by substantial evidence
which means that amount of relevant
evidence which a reasonable mind
might accept as adequate to justify a
conclusion.

The Terms and Conditions not included

in the Physician Patient Professional
Relationship Contract ( refer to book )

The only promise or guaranty that the

law requires is that, the physician will
treat the patient in accordance with the
standards of medical care.

PATIENTS RIGHTS RESPECTED BY

PHYSICIANS:
1. The right to appropriate medical care
and humane treatment.
2. The right to his religious belief.
3. The right to refuse treatment.
4. The right to Informed Consent.
5. The right to choose his physician.
6. The right to medical records.
7. The right to privacy and confidentiality.
8. The right to a second or third opinion.
9. The right to leave.
10. The right to information.
11. The right to self determination.
12. The right to refuse participation in
medical research
13. The right to express grievance
14. The right to be informed of his rights and
obligations.

CHAPTER 2 MEDICAL AND HOSPITAL

JURISPRUDENCE
Medical Jurisprudence:
- Is the study of the Medical Law and
its applicable Jurisprudence, that
governs, regulates, and defines the
practice of medicine.
- It includes the rights, duties,
obligations and liabilities of both
physician and patient to each other
in a physician patient professional
contract.
The Following Acts Constitute the
Practice of Medicine:
1. To physically examine and diagnose
a patient.
2. To physically examine and treat a
patient
3. To physically examine and perform
surgery in a patient
4. To physically examine and prescribe
any remedy to a patient.

Obligations of the Patients to their

Physicians ( Refer to Book )

SOCIATAL RIGHTS OF THE PATIENTS

FROM THE GOVERNEMNT ( Refer to
Book )
RIGHTS INHERENT IN THE PRACTICE OF
MEDICINE:
1. The right to choose his patients

2. The right to limit the practice of his

profession
3. The right to determine appropriate
treatment procedures in the discretion and
judgment of the physician.
4. The right to avail of hospital privileges
after being qualified.
5. The right to receive just and fair
compensation from his patients.

DEATH IS THE COMPLETE CESSATION OF ALL

THE VITAL FUNCTIONS OF THE BODY WITHOUT
POSSIBILITY OF RESUSCITATION. THE
ASCERTAINMENT OF DEATH IS A MEDICAL AND
NOT A LEGAL PROBLEM.

Liabilities of a Physician Which May Arise

from His Negligent or Wrongful Acts or
Omissions:
1. Administrative Liability
- A complaint under oath can be filed
before the Professional
Regulation
Commission Board of Medicine, for
reprimand, of the license to practice
medicine.
2. Criminal Liability
- When an act or omission constitutes a
crime, the physician can be imprisoned or
fined or both, as any other profession.
3. Civil Liability
- The aggrieved party can be awarded
monetary damages for any wrongful or
negligent act or omission, when the
professional is found guilty.

Death maybe
A. Brain Death occurs when there is a deeply
irreversible coma, and absence of electrical
brain activity.
B. Cardio Respiratory Death occurs when
there is continuous and persistent cessation of
heart action and respiration.
4 Kinds of Death:
1. Clinical or Somatic Death
2. Brain Death
3. Biological Death
4. Cellular Death
Clinical or Somatic Death
- This particular kind of death occurs
when in the judgment of the
physician with the use of his clinical
eye the bodys vital signs of life
cease to exist continuously and
permanently.
- The clinical death is verifiable only
by a physician after he observes
that the patient no longer has a
heart beat no pulse rate, no
spontaneous breathing and
movement, with the pupils of the
eye widely dilated and not reactive
to light and accommodation.
- When a clinically dead person is
brought to the morgue the
generalized contraction of the
muscles or Rigor Mortis of the body
within 3 to 6 hours, may simulate a
return to life, because of the motion
or movement of the body.

CASES ( Refer to Book )

Ex. Negligent or Wrongful Act
Medical malpractice is a particular form
of negligence which consists in the
failure of a physician or surgeon to
apply to his practice of medicine that
degree of care and skill which is
ordinarily employed by the profession
generally, under similar conditions, and
in like surrounding circumstances
There are Four Elements involved in
medical negligent cases:
1. Duty
2. Breach
3. Injury
4. Proximate Causation It has been
recognized that expert testimony is
usually necessary to support the
conclusion as to causation.

Rules of Evidence in Rule 131, section 5

paragraph X, paragraph JJ, and
paragraph KK.
In common law the presumption of
death does not arise until the expiration
of seven years of continuous absence.

Ex. Whether A Hospital may be Held

Liable for the Negligence of Physicians
Consultants allowed to Practice in its
Premises.

BRAIN DEATH
- This kind of death follows clinical
death almost immediately unless
resuscitative procedures are started
promptly, because the human brain
under normal conditions cannot
survive loss of oxygen for more
than 6 to 10 minutes.
- Brain Death may occur in the
Stage 1 Cerebral Cortex- the
highest center of the brain that is
most sensitive to changes in the
supply of oxygen and blood to the
brain. When the cerebral cortex
dies, the patient is in cortical death.

CHAPTER 3 DEATH
Legal Presumption of Death:
- If absent without explanation from
his or her usual or last place of
residence for a long continuous
period.
- Circumstantial proof of death
Ex. a passenger on an airplane that
crashed is considered to have died
even if no remains can be
recovered.

Stage 2 - Cerebellum It deals with

the function of equilibrium. It

follows the death of the cerebral

cortex.

Stage 3 Brainstem and Vital

centers These centers controlling
respiration, heart rate and blood
pressure, ultimately die. When it
does, the patient is, Brain Stem
Dead.
If the brain stem is damaged, then
the vital centers in the medulla
maybe destroyed, causing the
respiratory center to fail.
The occurrence of brain stem death
is equivalent to Legal Death, so that
Doctors can now issue a Death
Certificate, even though the heart is
still beating, and make
arrangements to harvest donor
organs and tissues at this stage.
Further, in the presence of brain
stem death, artificial respirators
only achieve the maintenance of an
oxygenated circulation through a
corpse or cadaver.

It is cardiorespiratory and brain

death altogether with permanent
cessation of all the anatomic and
physiological functions of the body
organs.

CELLULAR DEATH:
- The death of the different parts of
the body occurs at different times
and stages.
- This is the reason why such organs
as the corneas and the kidneys can
be removed immediately after
biological death and transplanted
successfully.
SIGNS OF DEATH:
1. Cessation of heart action and
circulation
2. Cessation of respiration
3. Cooling of the body ( Algor Mortis )
- The temperature of 15 20
degrees Fahrenheit is considered as a
certain sign of death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye
- There is loss of corneal reflex

CRITERIA FOR DIAGNOSING BRAIN

STEM DEATH. ( refer to textbook )
Persistent Vegetative State ( PVS )
- This condition exists, when
irreversible destruction of the
Cortex of the brain occurs without
damage to the vital centers, and
there are permanent eyes open
state of unconsciousness, but cardio
respiratory functions continue,
sometimes without respiratory
assistance, but most often with
respiratory support.
- They do not however match the
clinical criteria of Brain Death, in as
much as they have elicitable
reflexes, spontaneous respirations
and reactions to external stimuli.

CHANGES IN THE BODY FOLLOWING

DEATH
1. Changes in the Muscle
a. Stage of primary flaccidity
b. Cadaveric rigidity or rigor
mortis
- muscular contraction
which develops 3 6
hours after death and
may last for 24 36
hours.
- may also be utilized to
approximate the length
of time the body has
been dead from 3 to 36
hours
c. Stage of secondary flaccidity
or commencement of
putrefaction

HARVARD CRITERIA OF WHOLE BRAIN

DEATH:
1. Unreceptivity and Unresponsitivity
2. No spontaneous movements or
breathing
3. No reflexes
4. Flat EEG of Confirmatory value

Cadaveric Spasm- is the immediate or

instantaneous spasm or rigidity of the skeletal
muscles occurring at the moment of death due
to exhaustion, etc.

WHOLE BRAIN DEAD

- When the brain ceased all functions,
even though the heart continues to
beat. As a rule doctors can legally
declare whole brain death twelve
hours after they have corrected all
treatable medical problems, but the
brain still doesnt respond even to
induced pain , they eyes do not
react to light and the person
doesnt breath without a respirator.

Medico legal Importance of Cadaveric Spasm

( Refer to Book )
2. Changes in the Blood
a. Coagulation of the blood
b. Postmortem lividity or Livor Mortis
3. Autolytic or Auto Digestive Changes After
Death
4. Putrefaction of the Body
PUTREFACTIVE CHANGES OCCURING AFTER
DEATH ( Refer to Book )
Kinds of Putrefaction:
1. Mummification

BIOLOGICAL DEATH
- All the components of the brain are
dead
- There is also permanent extinction
of bodily life.

2. Saponification This is also called Adipocere

Formation.
3. Maceration

Immediate Cause or Primary Cause

of Death
Ex. Suffocation due to drowning
Asphyxia
Cardio Respiratory Arrest

Factors to Consider in Approximating the

Duration of Death in a Cadaver
1. Entomology The presence of maggots in
the cadaver indicates duration of death for
more than 24 hours
2. Presence of live Fleas in clothing in death
by drowning, a flea can survive for about 24
hours submerged in water. After 24 hours
submersion in water the fleas die.
3. Blood vessel clots blood clotting occurs in
6 -8 hours after death.
4. Post Mortem lividity develops in 3 to 6
hours after death.
5. Rigor Mortis- begins to develop in 3 to 6
hours after death and may last for 24 to 36
hours after death.
6. Onset of decomposition Decomposition
takes place within 24 48 hours after death.
7. Food in the stomach
8. Skeletal soft tissues soft tissues may
disappear from 1.5 years to 2 years after
burial.

Antecedent Cause of Death are

events or conditions that
substantially contribute to the
immediate cause of death
Ex. Acute peritonitis, Acute
Hypovolemic shock, Acute Septic
Shock,
Underlying Cause of Death is the
basic cause or bottom line cause of
death. It is the diagnosis of the
patients or victims illness or
sickness that resulted to his death
Ex. Acute Appendicitis,
Hepatocarcinoma, Pelvic Fracture,
Stab or Gunshot Wound to the
chest.
Non Natural Causes of Death
Ex. Murder, Homecide, Suicide,
Accident

Position of the Body at the time of Death

1. Post Mortem lividity
2. Cadaveric spasm Death due to violence or
inflicted physical injuries, usually manifest the
position of the body at the time of death.
Ex. In suicide by gunshot wound, the gun
maybe tightly grasped in the hand of the
deceased
In drowning, the victim maybe holding
objects that come in contact with his hands to
cling to life.

Death Warrant is a warrant from the proper

executive authority appointing the time and
place for the execution of the sentence of
death upon a convict judicially condemned to
suffer death.
Manner of Death
- Is the explanation as to how the
cause of death arose, and maybe
either Natural Death or Violent
Death

MEDICOLEGAL IMPORTANCE OF RIGOR MORTIS

AND CADAVERIC SPASM:

Lazarus Syndrome
- Is also called Lazarus Phenomenon
is the spontaneous return of
circulation after failed attempts at
resuscitation.

Rigor mortis is utilized to approximate the time

of death. Generalized muscular contractions
occur from 3 to 6 hours until 36 hours.
Cadaveric spasm occurs immediately after
death and is useful to ascertain the
circumstances of death.

Implications of Lazarus Syndrome

- raise ethical and legal issues for
doctors, who must determine when
medical death has occurred, when
resuscitation efforts should end,
and post mortem procedures such
as autopsies and organ harvesting
may take place.

Medico Legal Investigation of Death

- Deaths which are not obviously due
to natural causes, but are criminal,
suspicious, accidental, suicidal,
murderous, homicidal, sudden or
unexpected, or unexplained, need
medico legal investigation.

Lazarus Sign
- Lazarus sign or Lazarus reflex is a
reflex movement in brain dead
patients, which causes them to
briefly raise their arms and drop
them crossed on their chests.
- The phenomenon has been
observed to occur several minutes
after the removal of medical
ventilators used to pump air in and
out of brain dead patients to keep
their bodies alive.

The Death Certificate

- The death certificate is a legal
document necessary for burial of
the dead, as it certifies the
occurrence of death. It is a
document from the Office of the
Civil Registrar General, listing the
particulars of an individuals death.
- It contains the Immediate Cause or
Primary cause of death, the
antecedent causes and underlying
cause of death

NEAR DEATH EXPERIENCE

Refers to a broad range of personal

experiences associated with
impending death, encompassing
multiple possible sensations
including detachment from the
body; feelings of levitation etc.

Hemothorax
Flail chest as in multiple rib
fractures Cardiac tamponade
due to penetrating injuries
b. Potentially Lethal Injuries
b.1. Pulmonary Contussion with
or without flail chest
b.2. Thoracic Aortic Tear or
Rupture the most common
cause of sudden death after a
vehicular accident or fall ( major
decelaration injury )
c. Serious Chest Injuries
4. Abdomen
Types of Injuries:
a. Penetrating
- Gunshot wounds of the
abdomen carry 95% probability
of significant visceral injury
- A bullet when it hits the
abdomen will penetrate the
abdominal wall, enter the
abdominal cavity and most
likely injure more than one
organ.
- The incidence of abdominal
injury is strikingly higher in
gunshot wounds than in stab
wounds.
- The major cause of death is
hemorrhage and this occurs
within the first 24 hours
- In stab wounds of the
abdomen , only 2/3 penetrate
the peritoneal cavity; of these
only cause significant visceral
injury that requires surgical
repair.
b. Blunt
- The spleen and liver are the
most commonly injured organs
due to blunt trauma.
- Their frequent incidence also
explains why the mortality rate
following blunt trauma is higher
than that of penetrating injury.

EUTHANASIA
- Meaning good death ( well or good )
- Refers to the practice of ending life
in a painless manner.
- Deliberate intervention undertaken
with the express intention of ending
life, to relieve intractable suffering
Classification of Euthanasia:
1. Voluntary euthanasia is euthanasia
conducted with consent
2. Involuntary euthanasia
is euthanasia conducted without consent.
-is conducted where an individual makes a
decision for another person incapable of doing
so.
- also known as physician assisted death,
physician assisted suicide or mercy killing.
3. Passive euthanasia entails withholding of
common treatments
4. Active euthanasia entails the use of lethal
substances or forces to end life and is the most
controversial means.
CHAPTER 4 REGIONAL TRAUMA
Trauma
is the leading cause of death in the first four
decades of life and the 3rd leading cause of
death in all age groups today.
-Penetrating trauma particularly handguns is
becoming common in nearly all areas of the
country.
Trimodal Distribution of Death from Trauma:
1. Seconds to minutes of injury due to the
injury to the brain, high spinal cord, heart,
aorta and other large vessels. These patients
can rarely be salvaged.
2. Minutes to Few hours from injury ( The
Golden Hour )
- It is in this period that Advanced Trauma Life
Support9 ( ATLS ) techniques are important.
3. Several days to weeks of Injury these are
due to sepsis or organ failure.

5. Fractures and Dislocations

The word fracture comes from the Latin
word fractura which means a break in the
continuity of the bone. It is also a combination
of a break in the bone and soft tissue injury
A. Open Fractures - 90% of open
fractures are caused by vehicular accident.
B. Hip fractures are very common in
elderly people and are usually caused by minor
falls. It is the most common cause of traumatic
death after the age of 75.

SPECIFIC INJURIES
1. Head
a. Types of Head Injuries:
a.1 Hematoma
a.2 Contusions
a.3 Skull fractures
a.4 Hemorrhage
2. Spine and Spinal Cord Injuries
The most common causes of severe
spinal trauma are motor vehicular accidents,
falls, diving accidents, and gunshot wounds.
3. Chest
a. Life Threatening Injuries
Pnumothorax

6. Urologic
- Hematuria following trauma
- Blunt kidney injury is usually
due to motor vehicular
accidents which account for 70
90 % of kidney trauma.
- Penile injury:
The erect penis is usually 6 8
inches long and 1 -2 inches in
diameter.

- Avulsion of the prepuce this

may follow accidents where the
foreskin called prepuce is
detached or lacerated by a blunt
force.
- Fracture of the penis this is
the traumatic rupture of the
corpora cavernosa penis
resulting from a forceful trauma
to the flaccid organ.
- Amputated penis the penis of
an avid womanizer is sometimes
intentionally cut or amputated
by a jealous derange wife or
lover.

another, shall be guilty of the crime of serious

physical injuries
c. Article 264. Administering Injurious
Substances or Beverages
d. Article 265. Less Serious Physical Injuries
Any person who shall inflict upon another
physical injuries which shall incapacitate the
offended party for labor for 10 days or more, or
shall require medical attendance for the same
period
e. Article 266. Slight Physical Injuries and
Maltreatment.
- When the offender has inflicted physical
injuries which shall incapacitate the offended
party for labor from one to nine days, or shall
require medical attendance during the same
period.

7. Arterial trauma
8. Burns

Chapter 3, RAPE When and How rape is

committed
1. By a man who shall have carnal knowledge
of a woman under any of the circumstances
a. Through force, threat, or intimidation
b. When the offended party is deprived
of reason or otherwise unconscious
c. By means of fraudulent machinations
or grave abuse of authority
d. When the offended party is under
twelve ( 12 ) years of age or is demented, even
though none of the circumstances mentioned
above is present.

CLASSIFICATION OF WOUNDS
1.
AS TO LEGAL CLASSIFICATION
Chapter 1
DESTRUCTION OF LIFE
a. Article 246. Parricide
b. Article 247. Death or Physical Injuries
Inflicted Under Exceptional Circumstances
c. Article 248. MURDER
- Any person who, not falling within the
provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished
by Reclusion Perpetua, to death if committed
with any of the following attendant
circumstances;
1. With treachery
2. In consideration of a price , reward or
promise
3. By means of inundation etc.
4. On occasion of any of the calamities etc.
5. With evident premeditation
6. With cruelty etc

2. By any person who, under any of the

circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault
by inserting his penis into another persons
mouth or anal orifice or any instrument or
object into the genital or anal orifice of another
person.
Classification of Wounds
2. AS TO THE DEPTH OF THE WOUND
a. Superficial When the wound involves only
the layer of the skin
b. Deep When the wound involves the
structures beyond the layers of the skin.

Article 249 HOMICIDE

Article 251. Death Caused in a Tumultous
Affray
Article 252. Physical Injuries Inflicted In a
Tumultuous Affray
Article 253. Giving Assistance to Suicide
Article 254. Discharge of Firearms
Article 255. Infanticide
Article 256. Intentional Abortion
Article 257. Unintentional Abortion who shall
caused an abortion by violence but not
intentional.
Article 258. Abortion Practiced by the Woman
Herself or By Her Parents
Article 259. Abortion Practiced by a Physician
or Midwife and Dispensing of Abortives
Article 260. Responsibility of Participants in a
Duel
Article 261. Challenging to a Duel

b.1 Penetrating the wound enters the body

but does not come out. Punctured, stab and
gunshot wounds usually belong to this type of
wound.
b.2 Perforating there is a communication
between the outside, inner and the outer side.
There is both a point of entry and exit.
Classification of Wounds
3. AS TO MORTALITY
a. Deadly Wound- Death results immediately,
after the infliction of the wound. Deadly
wounds though mortal, maybe prevented with
prompt medical treatment.

CHAPTER
2 PHYSICAL
INJURIES
a. Article 262. Mutilation Any person who
shall intentionally mutilate another by
depriving him, either totally or partially , of
some essential organ of reproduction.
b. Article 263. Serious Physical Injuries Any
person who shall wound, beat, or assault

b. Non Deadly Wounds Does not result to

death immediately, after the wound is inflicted.
A non deadly wound may cause death later,
due to complications i.e. tetanus, septicemia
Classification of Wounds:
4. AS TO THE WOUNDING INSTRUMENTS USED:

a. Sharp Instruments Ex. incised wound,

punctured wound, stab wound dagger or
kitchen knife
b. Blunt Instruments A block of wood or iron
produces contusion, hematoma, abrasions,
lacerated wound when used to strike, attack,
wound, beat or assault another

B.7. Lacerated wound result of an injury from

a blunt instrument. In cerebral laceration, the
brain tissue is torn often with an
accompanying visible head wounds and skull
fractures.
B.8. Bites they maybe abraded, bruised or
rarely lacerated. They are usually seen in
sexual assaults and in child abuse and also by
animal bites
B.9. Gunshot wounds

Classification of Wounds:
5. AS TO THE CONSEQUENTIAL INJURY AFTER
THE APPLOCATION OF FORCE
a. Coup Injury b. Coup Centre Coup Injury
c. Contre Coup Injury
d. Locus Minoris resistancia
e. Extensive injury

TEST FOR THE PRESENCE OF POWDER

RESIDUES:
1. Paraffin test or Dermal Nitrate test present
on the skin of the hand dorsum or site of the
wound of entrance. This test is not conclusive
because fertilizers, cosmetics, cigarettes, urine
and other nitrogenous compounds with
nitrates will give a positive reaction. A negative
test is also not conclusive . The test usually
gives a positive result even after a lapse of 3
days or even if the hands are subjected to
ordinary washing

Classification of Wounds:
6. AS TO THE INTEGRITY OF THE SKIN
A. CLOSED WOUNDS Presents no break in the
integrity or continuity of the skin. There maybe
only outward manifestations of injury
internally.
Ex. of closed wounds:
1. petechiae a circumscribe extravasation of
blood in the subcutaneous tissue.
2. contusion effusion of blood into the tissues
underneath the skin as a result of a blunt
force. Ex. black eye
3. Hematoma
4. Blunt injury
5. Musculoskeletal injuries
Ex. Sprain, Dislocation, Fracture, Strain

2. Use of Scanning Electron Microscope with a

linked X ray analyzer. This method appears
to be more specific but seldom used because
the instrument is expensive.
SPECIAL TYPES OF WOUNDS
1. Assailants wounds these wounds are
sustained by the assailant from the victim,
while the former is in the process of attacking,
wounding, assaulting, beating or killing his
victim.
2. Defense wounds in the process of
defending himself from the attacks, assault,
wounding, beating or violence of the assailant,
the victim sustains defensive wounds usually
in the upper extremities.
3. Victims wounds these are wounds
sustained by the victim, from the assailant, the
former not having the chance or opportunity to
defend himself. The victims wounds maybe
located in any part of the body.
4. Self Inflicted wounds these are wounds
self inflicted by the person on himself. The
wounds are usually found on the accessible
parts of the body, usually with no intention to
kill himself. Unless the victim is insane, self
inflicted wounds are for a fraudulent or self
serving purpose.
5. Homicidal wounds these are the serious
wounds sustained by the victim resulting to his
death, from the criminal assailant. Usually the
wounds are situated in the areas of the neck,
chest, the abdomen and the skull.
6. Accidental wounds these wounds are
sustained by the victim, without any fault or
intention whatsoever on the part of the
accused to inflict the wounds on the victim.
The wounds are usually located on any part of
the victims body.
7. Suicidal wounds these are wounds self
inflicted by the victim on himself, and usually
seen on the temple, the roof of the mouth, and
other fatal body areas, accessible to the hand
of the victim.

Cerebral Concussion there is a brief loss of

consciousness and sometimes memory after a
head injury that doesnt cause obvious
physical damage.
Cerebral Contusion they are bruises to the
brain, usually caused by a direct, strong blow
to the head. They are more serious than
concussions.
B. OPEN WOUNDS
- There is a break in the continuity of
the skin
Examples:
1. Abrasion
2. Bruise
3. Incised wound
4. Stab wound
5. Punctured wound
6. Perforating wound
7. Lacerated wound
8. Bites
9. Gunshot wounds
B. OPEN WOUNDS there is a break in the
continuity of the skin
B.1. Abrasion Scratch, friction mark
B.2. Bruise cause by a blunt injury to the
tissues which damage blood vessels beneath
the surface, allowing blood to extravasate or
leak into the surrounding tissues.
B.3. Incised wound
B.4. Stab wound
B.5. Punctured wound
B.6. Perforating wound

CHAPTER 5 COMPREHENSIVE DANGEROUS

DRUGS ACT OF 2002

- a detrimental effect to the

society and to the individual

REPUBLIC ACT 9165

B. Drug Habituation is the desire to

have a continuous use of the drug but
with the capacity to refrain physically
from using it.

A DANGEROUS DRUG is a drug whose use is

attended by risk and therefore is unsafe,
perilous and hazardous to people and society.

Characteristics of Drug Habituation:

- The desire to use the drug is
not compulsive but merely psychical.

A DRUG is any substance , vegetable, mineral

or animal in origin, used in the composition or
preparation of medicines or any substance
used as medicines.

- There is little or no tendency to

increase the dose

The Dangerous Drug Act of 1972, include the

following Dangerous Drugs as follows:
A. PROHIBITED DRUGS
1. Opium and its active components
and derivatives such as heroin and
morphine.
2. Coca leaf and its derivatives,
principally cocaine.
3. Hallucinogenic drugs such as
mescaline, lysergic acid diethylamide
( LSD ) and other substances producing
similar effects.
4. Other drugs whether natural or
synthetic with the physiological effects
of a narcotic drug.

- The detrimental effect if any, is

primarily on the individual.
6. Protector
7. Pusher
8. Controlled Delivery
9. Den, Dive or Resort
10. PDEA The Philippine Drug
Enforcement Agency, which is the
implementing arm of the Dangerous
Drugs Board.
UNLAWFUL ACTS AND PENALTIES IN
THE DANGEROUS DRUGS ACT OF 2002
( R.A. 9165:
1. Importation of Dangerous Drugs and
or Controlled Precusors and Essential
Chemicals.
2.
Sale,
Trading,
Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and
or Controlled Precursors and essential
Chemicals.
3. Maintenance of a Den, Dive or Resort
4. Employees and Visitors of a Den,
Dive or Resort
5. Manufacture of Dangerous Drugs and
or Controlled Precursors and Essential
Chemicals
6. Illegal Chemical Diversion of
Controlled Precursor and Essential
Chemicals
7.Manufacture or Delivery of Equipment
, Instrument, Apparatus and Other
paraphernalia for Dangerous Drugs and
or Controlled Precursors and Essential
Chemicals
8. Possession of Dangerous Drugs
9.
Possession
of
Equipment,
Instrument , Apparatus and Other
Paraphernalia for Dangerous drugs.
10. Possession of Dangerous D During
Parties, Social Gatherings or Meetings
11.
Possession
of
Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or
Meetings
12. Use of Dangerous drugs
13. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources thereof
14. Failure to Maintain and Keep the
Original Records of transactions on

B. REGULATED DRUGS
1. Self inducing sedatives such as
secobarbital,
phenobarbital,
pentobarbital, barbital and any drug
which contains salt or derivative of a
salt of barbituric acid.
2. Any salt of amphetamine such as
Benzedrine or any drug which produces
a physiological action similar to
amphetamine.
3.
Hypnotic
drugs,
such
as
methaqualone
producing
similar
physiologic effects.
IMPORTANT TERMS in the DANGEROUS
DRUG ACT OF 2002
1. Drug Syndicate
2. Illegal Trafficking
3. Chemical Diversion
4. Planting Evidence
5. Drug Dependence
Two Classes of Drug Dependence:
a. Drug Addiction is a state of periodic
or chronic intoxication produced by the
repeated consumption of a drug,
whether synthetic or natural and found
to be detrimental to the individual and
to the society.
Characteristics of Drug Addiction:
A. An overpowering desire or
need to continue taking the drug or to
obtained it by any means.
dose.

- a tendency to increase the

-a psychological and physical

dependence on the effects of the drug.

Dangerous drugs and or Controlled

Precursors and Essential chemicals
15.
Unnecessary
Prescription
of
Dangerous Drugs
16. Unlawful Prescription of Dangerous
drugs

Section 73. Liability of a Parent, Spouse

or Guardian Who refuses to Cooperate
with the Board or any Concerned
Agency
Section 77. The Dangerous Drugs Board
Section 82. Creation of the Philippine
Drug Enforcement Agency ( PDEA )
Section 85. The PDEA Academy
Section 90. Jurisdiction
Section 91. Responsibility and Liability
of Law Enforcement Agencies and
Other
Government
Officials
and
Employees in Testifying as Prosecution
Witnesses in Dangerous Drug Cases
Section 92. Delay and Bungling in the
Prosecution of Drug Cases

THE CUSTODY AND DISPOSITION OF

CONFISCATED,
SEIZED
AND
OR
SURRENDERED DANGEROUS DRUGS,
PLANT SOURCES OF DANGEROUS
DRUGS, CONTROLLES PRECURSORS
AND
ESSENTIAL
CHEMICALS,
INSTRUMENTS AND PARAPHERNALIA
AND OR LABORATORY EQUIPMENT
The PDEA shall take charge and have
custody of all dangerous drugs, plant
sources of dangerous drugs, controlled
precursors and essential chemicals, as
well as Instruments paraphernalia and
laboratory equipment so confiscated,
seized and or surrendered, for proper
disposition in the following manner
( Refer to Book ).

PHARMACOLOGIC CLASIFICATION OF
DANGEROUS DRUGS
1.Hypnotics
2. Sedatives and Tranquilizers
3. Hallucinogens and Psychomimetics
4. Stimulants
5. Depressants
6. Deliriants and Intoxicants

IMPORTANT PROVISIONS OF R.A. 9165

OR THE COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002

A.Hypnotics:
Opiates and Their Derivatives Opium
is obtained from the milky exudates of
the unripe seed capsules of the poppy
plant, Papaver Sornoiferum.

Section 22. Grant of Compensation,

Reward and Award
Section 23. Plea Bargaining Provision
Section 36. Applicants for Drivers
License
Section 38. Laboratory Examination or
test on Apprehended / Arrested
Offenders
Section 39. Accreditation of Drug
Testing Centers and Physicians
Section 40. A physician, dentist,
veterinarian or practitioner authorized
to prescribe any dangerous drug shall
issue the prescription therefore in one
original and 2 duplicate copies.
Section 54. Voluntary Submission of a
Drug Dependent to Confinement,
Treatment and Rehabilitation
Section 55 Exemption from Criminal
Liability
Under
the
Voluntary
Submission
Program
Section 56. Temporary Release from
the Center; After Care and Follow up
Treatment
Under
the
Voluntary
Submission Program
Section 58. Filing of Charges Against a
Drug
Dependent
who
is
not
rehabilitated Under the Voluntary
Submission Program.
Section 61. Compulsory Confinement of
a drug dependent who refuses to apply
under
the
Voluntary
Submission
Program
Section 62. Compulsory Submission of a
Drug Dependent Charged with an
Offense,
to
Treatment
and
Rehabilitation
Section 70. Probation or Community
Service for a First Time Minor Offender
In Lieu of Imprisonment

Derivatives of opium commonly used

are morphine, heroin, and codeine.
Its synthetic preparation are Demerol
and Methadone.
Narcotics that have a legitimate
medical used as powerful pain relievers
are called Opioids, and include codeine,
oxycodone, meperidine, morphine and
hydromorphone.
Heroin which is prohibited is a very
strong pain reliever and narcotic
Signs and Symptoms
Administration:
1. Stage of Excitement
2. Stage of Stupor
3. Stage of Narcosis

of

Opium

B. SEDATIVES:
Barbiturates: - are the products of
malonic acid and urea, synthesized on
St. Barbara day.
- Used to treat anxiety and to induce
sleep can cause both psychologic
and physical dependence.
C.
HALLUCINOGENS
OR
PSYCHOMIMETIC DRUGS:
Marijuana ( Cannabis Sativa ) is a
Mexican term for pleasurable feeling.
Marijuana is not addictive. Physical
dependence and dose tolerance do not
develop
with
its
use.
Psychic
dependence may occur.

10

Subjective effects of Marijuana:

- There is a feeling of lightness of the
extremities followed by rushes of
warmth and well being that
eventually lead to a sense of
relaxation, mild euphoria and a
dreamy state where ideas are
disconnected.
Objective Effects of Marijuana:
- Moderate increase in resting pulse
rate, reddening of the eyes due to
dilatation of the conjunctival blood
vessels. Difficulty of speech and of
remembering of the logical trend of
what was being said.

SEXUALITY IS A NORMAL BIOLOGICAL URGE

AND AN IMPORTANT PART OF THE HUMAN
EXPERIENCE.
4 Stages of a Sexual Response:
1. Desire
2. Arousal
3. Orgasm
4. Resolution
SEXUAL DYSFUNCTIONS ( Classification )
A. As to choice of sexual partners
1. Homosexual
2. Infanto sexual
3. Besto sexual
4. Auto sexual
5. Gerontophilia
6. Necrophilia
7. Incest

Lysergic Acid Dsethylamide ( LSD )

- These drugs are false hallucinogens.
- It produces impaired judgement so
that a user might think that he can
fly, and may even jump out a
window to prove it, resulting in
severe injury or death.

B. As to instinctual strength of the sexual urge:

1. Over sex
2. Under sex or sexual frigidity
a. Sexual anesthesia
b. Dyspareunia
c. Vaginismus
d. Old age
C. As to the mode of sexual expression
1. Oralism
a. Fellatio
b. Cunnilingus
c. Analism

D.STIMULANTS:
Amphetamines methamphetamines
(
Shabu,
speed
);
methylenedioxymethamphetamine
( MDMA, ecstasy or Adam )
- Acts on the cerebral cortex causing
alertness, excessive self confidence
and feeling of well being. Physical
performance may to some degree
temporarily improve.
Untoward Effects:
- They increase the blood pressure
and heart rate. Fatal heart attacks
have occurred even in healthy,
young athletes. The blood pressure
maybe so high that a blood vessel
in the brain ruptures causing a
stroke.

2. Sado masochism
a. Sadism
b. Masochism
3. Fetishism
a. Anatomic
b. Clothing
c. Necrophilic
d. Odor ( ospresiophilia )

Coccaine is an alkaloid from the

leaves of the coca shrub cultivated in
Bolivia and Peru.
- It produces effects similar to
amphetamines, but is a much more
powerful stimulant.
- Is used to excite the undersexed.
- Is a euphoriant and readily relieves
fatigue

Kinds of Ospresiophilia
1. Urolagnia
2. Coprolagnia
3. Mysophilia
a. Narcissism
b. Saboteur Fetish
c. Vampirism
D. As to the part of the body
1. Sodomy
2. Uranism
3. Frottage
4. Partialism
E. As to visual stimulus
1. Voyeurism
2. Scoptophilia
F. As to number
1. Troilism
2. Pluralism
G. Other sexual deviates.
1. Don Juanism
2. Indecent exposure
3. Coprolalia
H. Disorders of sexual function:
1. Premature ejaculation
2. Retarded ejaculation

Untoward Effects:
- Same as amphetamine
E. DEPRESSANTS:
- Angel dust
- Depresses the brain and abusers
usually become confused and
disoriented shortly after taking the
drug.
- Can be combative and because they
dont feel the pain they may
continue fighting even when hit
hard.
CHAPTER 6 SEXUAL DYSFUNCTIONS AND
SEXUAL CRIMES

11

3. Low sexual desire disorder

4. Sexual aversion disorder
5. Sexual arousal disorder in women
6. Inhibited orgasm
7. Dyspareunia
8. Vaginismus
I. Sexual reversal
1. Transvertism
2. Transexualism
3. Intersexuality

SEX CRIMES IN THE REVISED PENAL

CODE:
A. Rape
B. Carnal Knowledge
- is the act of a man in having
sexual bodily connection with a
woman. There is carnal knowledge
if there is the slightest penetration
in the sexual organ of the female by
the sexual organ of the male.

SEXUAL CRIMES:
Chaste An unmarried woman who has had no
carnal knowledge with men or that she never
voluntarily had unlawful sexual intercourse.
These also denotes purity of mind and
innocence of heart.

C. Seduction
- is the art of a man enticing
women to have unlawful intercourse
with him by means of persuasion,
solicitation, promises, bribes or
other means without employment of
force

Virgin A woman who has had no carnal

knowledge of man. Her genital organs have
not been altered by carnal connection.

D. Acts of Lasciviosness
E. Acts of Lasciviousness with
Consent of the Offended Party
F. Abduction
1. Forcible Abduction
2. Consensual Abduction
G. Adultery
H. Concubinage
I. Bigamy
J. Marriage Contracted Against the
Provisions of Law
K. Premature Marriage
L. Performance of Illegal Marriage
Ceremony
M. Prostitution
N. Corruption of Minors
O. White Slave Trade
P. Abuse Against Chastity

Kinds of virginity
1. Moral virginity the state of not knowing the
nature of sexual life and not having experience
sexual relation.
2. Physical virginity A condition whereby a
woman is conscious of the nature of 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. The woman
allows sexual intercourse, but only inter
femora or even inter labia, but not to the
extent of rupturing the hymen.
4. Virgo intacta A truly virgin woman. There
is no structural change in her organ,
notwithstanding the fact of a previous sexual
intercourse.

PROVISIONS OF THE REVISED PENAL

CODE APPLICABLE TO UNNATURAL SEXUAL
OFFENSES

DEFLORATION This is the laceration or

rupture of the hymen, as a result of sexual
intercourse. All other lacerations which are not
due to coitus are not considered defloration.

1. Grave Scandal ( Art. 200 )

2. Immoral Doctrines, Obscene Publications
and Exhibitions ( Art. 201 )
3. Vagrants and Prostitutes ( Art. 202 )
4. Grave Threats ( Art. 282 )
5. Light Threats ( Art. 283 )
6. Other Light Threats ( Art. 285 )
7. Grave Coercions
8. Unjust Vexation or Any Other Coercion ( Art.
287 )

SEMEN AND SPERMATOZOA:

ERECTILE DYSFUNCTION ( Impotence )
- The
diagnosis
of
Erectile
Dysfunction is important especially
in complaints of rape. It must be
proven
convincingly
that
the
accused is permanently impotent,
so that the crime of rape cannot be
proved beyond reasonable doubt.
-

CHAPTER 7 MENTAL HEALTH

DISORDERS
Mental Health Disorders include disturbances
in thinking, emotion, and behavior. There is a
complex interaction between the physical,
psychologic, social, cultural and hereditary
influences.

Impotence usually results from

vascular impairment, neurologic
disorders, drugs, abnormalities of
the penis or psychological problems
that interfere with sexual arousal.
These includes injury, diabetes
mellitus, stroke and drugs like all
antihypertensive and psychotics,
antidepressants
and
some
sedatives.
Alcohol can also cause impotence
and also low levels of testosterone

Factors that Contribute to the Development of

Mental Disorders:
1. Heredity the most frequent factor that
contributes to insanity and a good history will
reveal the ascendants afflicted with the same.
2. Incestous Marriage The mental illness is
accentuated when they are blood relatives.

12

3. Impaired Vitality Stress, tension, worry,

grief may predispose to insanity
4. Poor Moral Training and Breeding Corrupt
moral upbringing in the family due to
immorality of the parents
5. Psychic Factors Factors like love, hate,
rage, anger, passion disappointments
6. Physical Factors
a. Non toxic factors exhaustion
resulting from severe physical and mental
strain and traumatic injuries to the head.
b. Toxic factors drug addiction,
infections of the brain

a. Illusion
b. Hallucination
2. Disorders of Memory
a. Dementia
3. Disorders in the Content of Thought
A. Delusion
a. Delusion of grandeur
b. Delusion of persecution
c. Delusion of reference
d. Delusion of Self Accusation
e. Delusion of infidelity
f. Nihilistic delusion
g. Delusion of poverty
h. Delusion of control
i. Delusion of depression
B. Obsession
4. Disorders in the trend of thought
Types:
a. Mania
b. Melancholia

KINDS OF MENTAL HEALTH DISORDERS:

1. Psychosomatic disorders physical
disorders caused by psychologic factors.
2. Somatiform disorders encompasses
several psychiatric disorders in which people
report physical symptoms but deny having
psychiatric problems.
3. Generalized Anxiety Disorders
4. Panic Attacks and Panic Disorder

5. Disorders of Emotions or Feelings a

disorder in the state of mind, fervor, or
sensibility, not in accord with reality.
6. Disorders of volition or conation ( doing )
Kinds of Conation:
A. Impulsion or Impulse ( Compulsion )
a sudden and irresistible force
compelling a person to the conscious
performance of some action without
motive or forethought.

5. Phobic Disorders
a. Agoraphobia
b. Specific phobias
c. Social phobia
6. Obsessive Compulsive Disorder
7. Post Traumatic Stress Disorder
8. Depression and Mania
9. Bipolar Disorder
10. Suicidal Behavior
11. Eating Disorders
a. Anorexia nervosa
b. Bulimia nervosa
c. Binge eating disorder
12. Personality Disorders
a. Paranoid
b. Schizoid
c. Histrionic
d. Narcissistic
e. Antisocial
f. Borderline
g. Avoidant
h. Dependent

Types of Compulsion:
a. Pyromania
b. Kleptomania
c. Dipsomania
d. Homicidal impulse
e. Sex impulse
f. Suicidal impulse
DISTINCTIONS BETWEEN TRUE AND
FALSE INSANITY:
1. True insanity develops insidiously
usually with the existence of some
predisposition to an exciting cause if
careful history is taken, while false
insanity develops suddenly with no
existing predisposition.

i. Obsessive Compulsive
j. Passive Aggressive
k. Dissociative

2. In true insanity, there is a peculiar

facial expression, which is absent in
false insanity

13. Schizophrenia a serious mental disorder

characterized by loss of contact with reality
( psychosis ) , hallucinations, delusions ( false
beliefs ) , abnormal thinking, disrupted work
and social functioning

3. In true insanity, there is a continuous

and persistent manifestation of
insanity, which is only present in false
insanity when the pretender is under
observation, and absent when not
under observation.

Types of Schizophrenia:
a. Paranoid
b. Hebephrenic
c. Catatonic

4. In true insanity, there is a clinical

entity of a specific mental disorder,
which is absent in false insanity.

14. Delusional Disorder

15. Psychological Incapacity a waste basket
diagnosis because it is so broad a term, that it
covers all possible Mental Disorders.

5. In true insanity, the patient can

endure a violent or stressful activity
without fatigue, which is not present in
false insanity

SOME MANIFESTATIONS OF MENTAL

DISORDERS:
1. Disorders of Cognition ( Knowing )

13

6. In true insanity, the patient does not

observe personal hygiene, in false
insanity, the pretender observes
hygiene

Classification of mental deficiency:

1. Idiot The idiots intelligence never
exceeds that of a normal child over 2
years old. The IQ is between 0 20.
This is usually congenital.
2. Imbecile the imbeciles intelligence
is compared to a normal child from 2
7 years old and the IQ is 20 40.
3. Feeble Minded his mentality is
similar to that of a normal child
between 7 12 years old and an IQ of
40 70.

Insanity or Mental Illness is an

exempting or mitigating circumstance
to Criminal Liability as provided in the
following:
1. As an exempting Circumstance
Article 12 of the Revised Penal
Code provides, When the imbecile or
an insane person has committed an act
which the law defines as felony, the
court shall order his confinement in one
of the hospitals or asylums established
for persons thus afflicted and he shall
not be permitted to leave without first
obtaining the permission of the same
court.

The Legal Importance of determining

the persons state of mind are the
following
In Criminal law, insanity exempts a
person from criminal liability
In Civil law, Insanity is a restriction of
the capacity of a natural person to act
as provided in Article 38 of the Civil
Code.

2. As a mitigating Circumstance
Article 13, of the Revised Penal
Code provides, the following are
mitigationg circumstances:
a. That the offender is deaf and
dumb, blind or otherwise suffering from
physical defect which thus restricts his
means of action, defense or
communication with his fellow beings

Insanity modifies or limits the capacity

of a natural person to act as providedin
Article 39, also of the Civil Code.
Insanity at the time of marriage of any
or both parties is a ground for the
annulment of marriage.

The American Law Institute formulated

the following Rules on Criminal
Responsibility and states that;
1. A person is not responsible for his
criminal conduct if at the time of such
conduct as a result of mental illness or
defect, he lacks essential capacity to
appreciate the criminality of his
conduct or to conform his conduct to
the requirement of the law.
2. The term mental disease or defect
does not include an abnormality
manifested only by repeated criminal or
otherwise anti social conduct
Fundamental Principles of Insanity and
Criminal Responsibility:
1. A sane man is assumed to be wholly
responsible for the consequence of his
crime.
2. A person who commits a criminal act
is presumed to be sane.
3. Crime is always considered as an
affair of the mind as well as the body
and to make an act or omission a
crime, there must be a criminal act
( actus reus ) and an criminal mind
( mens rea ) . Actur facit reum, nisi
mens sit rea.
Mental Deficiency or mental
retardation, is sub average intellectual
ability present from birth or early
infancy. Intelligence is both determined
by heredity and environment. In most
cases of mental deficiency, the cause is
unknown.

14