With a physical examination performed by a doctor from the IML (Legal Medical Institute). The purpose is always to find traces that help prove that there was a material crime. “In Legal Medicine, the crimes in which the corpus delicti examination is carried out are those of bodily injuries, those of a sexual nature and homicides and accidents”, says Roberto Wagner Bezerra de Araújo, professor at the Department of Pathology and Legal Medicine at the Federal University of Ceara. Suicides are also examined, although they are not crimes.
As traces disappear over time, the ideal is for the victim to contact the police as soon as possible. She must complete the Police Report after the crime and the legal authority (for example, the police chief) will make the official request for the exam by the IML (the Code of Medical Ethics prohibits the performance of this exam in police stations, military units and prisons) . But if not, all is not lost. “There is the indirect corpus delicti exam, which involves analysis of medical records and hospital reports”, explains Renato Evando Moreira Filho, also from the UFC. The corpus delicti examination, such as toxicological analyzes and identification of stains and secretions, can also be carried out on objects.
1. The person who performs the procedure is a coroner, that is, who has specialized in legal medicine and medical expertise. The exact procedure depends on the type of crime that took place, but the idea is to examine the body and look for traces, such as bodily injuries. Often, a visual examination is sufficient and no equipment is needed.
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two. Among the identifiable injuries are the reddish marks left by slaps and slaps, for example. In cases of bodily injury, scratches are also common and, in rape, the doctor looks for punches and bites. If the victim was assaulted with firearms, entry and exit wounds from projectiles are also checked.
3. By analyzing the injury and the characteristics of its action on the body, the coroner is often able to identify the weapon or object used by the aggressor. It’s just that some injuries have their own marks. Examples are injuries caused by belt buckles, truncheons, and heels.
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4. In rape victims, a sexological examination is performed. The doctor examines the entire body, including the genitals, and sees whether there has been a sexual act and whether there are signs of violence. Semen (when the aggressor is a man), hair, secretions, sweat and traces of skin and blood, including under the fingernails, are collected. To collect semen remains and take samples of the buccal mucosa, a swab is used, a long-stemmed cotton swab. If the victim cannot go to the IML, this examination can be done at the hospital – at the request of the authority, the medical examiner travels to the location
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5. Samples can also be taken. A blood test, for example, reveals infections that the victim may have acquired during the assault. If the victim claims to have been drugged, blood and urine are also collected for alcohol and drug testing. Exams such as ultrasound show whether the female victim was pregnant when she was attacked or became pregnant after the rape
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6. In the dead, x-rays are taken to identify broken bones and areas of aggression. Firearm projectiles are also removed to identify the weapon used. Other procedures are performed depending on the type of violent death (homicide, suicide or accident)
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7. After the examination is carried out, the coroner prepares a report and forwards it to the authority that requested it (such as police chiefs and judges). This report becomes the case file. The corpus delicti exam is used as evidence in a court of law, and the doctor who performed it can be called to be heard as an expert in the case.
CONSULTANCY Renato Evando Moreira Filho and Roberto Wagner Bezerra de Araújo, professors at the Department of Pathology and Legal Medicine at the University of Ceará / SOURCES Direitonet, Jusbrasil, MSD Manuals and Legal Content Sites; Document Standard Operating Procedure (SOP) Criminal Expertise, published by the Ministry of Justice