How is the corpus delicti examination carried out?

It depends on the case, as there is no standard corpus delicti examination. As the objective is to detect injuries caused by any illegal or criminal act, it can be applied in different situations, such as after a car crash, in cases of aggression or when a detainee is transferred from prison. The exam is also a fundamental test to clarify cases of attempted suicide, homicide and rape. “The victim is analyzed in detail and all the injuries found are accurately described”, says doctor Maria Bernadete Cury, from the Medical-Legal Expertise Center in Ribeirão Preto (SP).

The only professional authorized to perform this examination is the coroner. The procedure needs to be requested by an authority, such as a delegate or prosecutor. The medical examiner seeks to answer basic questions that investigate the extent and severity of the physical and psychological harm caused to the victim. He should also try to find out how the injuries were caused and whether there were cruelty refinements, such as the use of fire, suffocation or poisoning. The consequences of injuries are also taken into account, from temporary inability to work to permanent deformity. Injuries are classified as mild, severe or very serious.

The final report is sent to the public prosecutor and the judge, who will use the information in the process. The corpus delicti examination can also be performed on dead people. In this case, a necropsy is performed, which helps the coroner find the injuries that led to death. “All cases of unnatural death, such as those caused by accidents, homicide and suicide, must undergo necroscopic examination”, says Maria Cury.

legal doctor

Prisoners, victims of rape and physical aggression undergo the procedure

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Forced sex, no
After certifying the rape, the coroner tries to discover the woman’s previous condition (if she was a virgin, for example) and if the act was recent (at most two days ago). If the aggression happened recently, the doctor tries to collect the aggressor’s semen and other remains, such as hair, which will serve as evidence in the criminal process. That’s why rape victims should look for a police station quickly, without showering or changing clothes.

“Teje arrested!”

As every prisoner is under the responsibility of the State, every time he enters, leaves or is transferred from prison, he must undergo the corpus delicti examination, in these cases also called precautionary examination. The objective is to certify the physical integrity of the detainee. The procedure ensures that the prisoner did not suffer violence during the period he was in jail. If any aggression is proven, the victim can sue the State.

It’s stick, it’s stone

Physical assaults are the most common reason for requesting a corpus delicti examination. They encompass both cases of domestic violence and street fights, robberies or police abuse, for example. The medical examiner makes the report after talking with the victim and examining the injuries. It is essential that he point out the instruments that caused the injuries. In some cases, photos are attached to the report.

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