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Module 10: Physical Injuries

Module objectives Espinosa v. People (2010)

 Identify examples of wounds based on physical injuries 1.2.5. leading to physical deformities: prision correccional in
under Chapter 2, Title 8 of the Revised Penal Code. its minimum and medium periods
 Know the significance and pathology of gunshot wounds.
1.2.6. loss of (or loss of use of) any other parts of the
 Know the different ways of presenting physical injuries as
evidence.
body not mentioned previously: prision correccional in its
minimum and medium periods
 Identify the anatomical locations of fatal wounds.
 Do a practical exercise in locating physical injuries using 1.2.7. resulting to illness for labor for more than 30
a medico-legal diagram. days: arresto mayor in its maximum period to prision correccional in
its minimum period

Module reviewer 1.2.8. resulting to incapacity for more than 30 days:


arresto mayor in its maximum period to prision correccional in its
minimum period
1.Examples of wounds based on physical injuries under
Chapter 2, Title 8 of the Revised Penal Code 1.3. RPC, Art. 264. Administering injurious substances or
1.1. RPC, Art. 262. Mutilation. beverages.
The penalties established by the next preceding article shall be
The penalty of reclusion temporal to reclusion perpetua shall be
applicable in the respective case to any person who, without intent to
imposed upon any person who shall intentionally mutilate another by
kill, shall inflict upon another any serious, physical injury, by knowingly
depriving him, either totally or partially, or some essential organ of
administering to him any injurious substance or beverages or by taking
reproduction.
advantage of his weakness of mind or credulity.
Any other intentional mutilation shall be punished by prision mayor in
its medium and maximum periods.
1.3.1. Injurious substances
Aguirre v. Secretary of Justice (2008)
1.3.2. Injurious beverages

1.2. RPC, Art. 263. Serious physical injuries 1.4. RPC, Art. 265. Less serious physical injuries (Physical
Any person who shall wound, beat, or assault another, shall be guilty of injuries incapacitating for more than 10 days or more or
the crime of serious physical injuries and shall suffer: requiring medical attendance for the same period)
1. The penalty of prision mayor, if in consequence of the physical Any person who shall inflict upon another physical injuries not described
injuries inflicted, the injured person shall become insane, imbecile, in the preceding articles, but which shall incapacitate the offended
impotent, or blind; party for labor for ten days or more, or shall require medical assistance
2. The penalty of prision correccional in its medium and maximum for the same period, shall be guilty of less serious physical injuries and
periods, if in consequence of the physical injuries inflicted, the person shall suffer the penalty of arresto mayor.
injured shall have lost the use of speech or the power to hear or to Whenever less serious physical injuries shall have been inflicted with
smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall the manifest intent to kill or offend the injured person, or under
have lost the use of any such member, or shall have become circumstances adding ignominy to the offense in addition to the penalty
incapacitated for the work in which he was therefor habitually engaged; of arresto mayor, a fine not exceeding 500 pesos shall be imposed. Any
3. The penalty of prision correccional in its minimum and medium less serious physical injuries inflicted upon the offender's parents,
periods, if in consequence of the physical injuries inflicted, the person ascendants, guardians, curators, teachers, or persons of rank, or
injured shall have become deformed, or shall have lost any other part persons in authority, shall be punished by prision correccional in its
of his body, or shall have lost the use thereof, or shall have been ill or minimum and medium periods, provided that, in the case of persons in
incapacitated for the performance of the work in which he as habitually authority, the deed does not constitute the crime of assault upon such
engaged for a period of more than ninety days; person.
4. The penalty of arresto mayor in its maximum period to prision  Incapacitation or needing medical assistance for 10 days or
correccional in its minimum period, if the physical injuries inflicted shall more: arresto mayor
have caused the illness or incapacity for labor of the injured person for  If with intent to kill/offend, or under circumstances of
more than thirty days. ignominy: arresto mayor AND a fine not exceeding 500 pesos
If the offense shall have been committed against any of the persons  If the less serious physical injuries not amounting to assault
enumerated in Article 246, or with attendance of any of the are inflicted against the offender’s ascendants, guardians,
circumstances mentioned in Article 248, the case covered by or persons of rank or in authority: prision correccional in its
subdivision number 1 of this Article shall be punished by reclusion minimum and medium periods
temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to
prision mayor in its minimum period; the case covered by subdivision 1.5. RPC, Art. 266. Slight physical injuries and maltreatment
number 3 by prision correccional in its medium and maximum periods; (Physical injuries resulting to incapacity for labor, or requiring
and the case covered by subdivision number 4 by prision correccional medical attendance, from 1-9 days)
in its minimum and medium periods. The crime of slight physical injuries shall be punished:
The provisions of the preceding paragraph shall not be applicable to a 1. By arresto menor when the offender has inflicted physical injuries
parent who shall inflict physical injuries upon his child by excessive which shall incapacitate the offended party for labor from one to nine
chastisement. days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when
1.2.1. resulting to insanity and imbecility: prision mayor the offender has caused physical injuries which do not prevent the
offended party from engaging in his habitual work nor require medical
1.2.2. leading to impotence and blindness: prision mayor assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50
1.2.3. loss of speech, hearing, ability to smell: prision pesos when the offender shall ill-treat another by deed without causing
correccional in its medium and maximum periods any injury.
 Incapacitation or needing medical assistance for 1-9 days:
arresto menor
1.2.4. loss of hand, foot, arm or leg or its use: prision
correccional in its medium and maximum periods
 If party is not prevented from work or does not need medical on the skin, which can be confused with the abrasion ring of an
assistance: arresto menor OR a fine not exceeding 20 pesos entrance wound
and censure
 If offender merely ill-treats another by deed without injury: Gunshot wounds in bone:
arresto menor OR fine not exceeding 50 pesos In flat bones (i.e. skull), entrance wounds are round with sharp margins
and show internal beveling: the inner table of the skull is more eroded
than the outer table, producing a "cone" shape in the direction of the
1.6. RPC, Art. 253. Giving assistance to suicide (Self- bullet path
Fragments of bone travel in the direction of the bullet path through the
injuries and suicide wounds) cranial vault
Any person who shall assist another to commit suicide shall suffer the Exit wounds may be more irregular and show external beveling (outer
penalty of prision mayor; if such person leads his assistance to another table of the skull is more eroded than the inner table, producing a cone
to the extent of doing the killing himself, he shall suffer the penalty of shape facing outward)
reclusion temporal. However, if the suicide is not consummated, the In the skull, gunshot wounds often produce numerous fractures due to
penalty of arresto mayor in its medium and maximum periods, shall be rapidly increasing pressure as the bullet travels through the skull
imposed.
 Leading another to suicide: prision mayor
 Kills another on request: reclusion temporal
3. Evidentiary presentation of injuries
 Kills another but was unconsummated: arresto mayor in
medium and maximum periods
3.1. medico-legal diagrams
2. Gunshot wounds (GSW) and its pathology 3.2. photographs
Gunshot entry wounds are categorized based on range.
3.3. video recordings
Contact: muzzle is pressed against the skin when fired
 In areas of "loose" skin (abdomen, chest): circular wound 3.4. CT scans
with blackened, seared skin margins
 On head, where the scalp is tightly covering the skull, entry 3.5. MRIs
wounds can have several different appearances:
 Round wound with blackened, seared skin margins 4. Anatomical locations of fatal wounds
 Stellate shaped wound, due to tearing of skin from
expanding gas dissecting between the scalp and skull 4.1. Vital organs
 Round wound with muzzle imprint, also due to gas expanding
under the skin causing it to press back against the gun

Near contact: muzzle of the gun is held a short distance from the skin
(< 1 cm from skin with handguns)
 Appears as circular wound with blackened and seared edges
that are wider than seen with contact wounds

Intermediate: defined by the presence of stippling ("powder tattooing")


on the skin surrounding the entry wound
 Stippling is due to unburned powder grains exiting from the
gun causing pinpoint abrasions on the skin; these are not
burns
 Actual distance from skin varies according to the gun;
generally from a few centimeters up to several feet

Distant: any distance beyond that which produces stippling


Appear as round wounds with sharp margins and an abrasion ring on
the surrounding skin

Centerfire rifle wounds:


In contact wounds of the head with centerfire rifles, there is massive
tissue destruction of the skin, skull, and brain
Full metal jacketed bullets produce less tissue damage and tend to
travel through the body undeformed
Semijacketed ammunition creates the classic "lead snowstorm"
appearance on xray due to peeling back of the jacket as it travels
through the body, releasing numerous small lead fragments

Shotgun wounds:
Shotgun bullets contain numerous pellets
At contact range up to a few feet, the entrance wound is a single round
defect
At a range of 3 - 4 feet, the pellets begin to spread out before reaching
the body, producing one large entry wound surrounded by scalloping or
several smaller defects due to penetration by individual pellets
As the range increases, the central defect becomes smaller and the
number of surrounding pellet holes increases (taken from Google Images)

Exit wounds: 4.2. Major arteries & veins


Usually more irregular in shape than entry wounds
Do not show soot deposition, muzzle imprint, stippling, or blackening of
the skin edges
A shored exit wound is one in which the skin is in contact with another
object when the bullet exits; this causes an irregular area of abrasion
5. Practical exercise: Identify gunshot wounds.
Siccuan v. People (2005)

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