The Jurisprudential Essence of Autopsy – A Critical Study By - Radhika Dwivedi
The Jurisprudential Essence of
Autopsy – A Critical Study
Authored By - Radhika Dwivedi
INTRODUCTION
A judicial
examination of a criminal offense is simply seeking material truth on the
case. This may be seen in the many attempts taken by law enforcement personnel
to gather the evidence required to discover a case, both at the preliminary
examination stage, such as investigation and prosecution, and at the trial
stage. In the context of criminal proceedings, material truth and justice are
goals, so law enforcement officials are required to act and carry out their
duties and obligations under the law in order to realize the principle of the rule
of law. Foresight in using evidence in the process of proof in front of a court
session is one of the efforts of judges in upholding justice and seeking and
finding material truth in resolving / deciding criminal cases[1].
The quest to discover and discover material truth in a criminal proceeding is
inextricably linked to the issue of proof. In the Code of Criminal Procedure
Code, hereinafter abbreviated as KUHAP, there are provisions regarding
evidence, such as how the evidence system works in Article 183 and the evidence
that can be utilized in Article 184. The verification system of the Criminal
Procedure Code is outlined in Article 183 of the Criminal Procedure Code.
Proof is a
provision that contains inheritance and recommendations on the legal means to
prove the wrongs that were accused against the offender. Proof is also a legal
requirement that governs evidence that can be used by courts to prove the guilt
of the accused. In this regard, judges must always be cautious, cautious, and
mature while examining and considering the question of proof. The judge must
consider whether the minimal limit of the strength of the evidence or evidence
of each evidence referred to in Article 184 of the Criminal Procedure Code has
been met. In Article 184 of the Republic of Indonesia Law No.8 of 1981
governing the Criminal Procedure Code (KUHAP), it is stated: Legal evidence is:
a.
witness statement
b.
expert statement
c.
letter
d.
instructions and
e.
defendant’s statement.
The regulation
of the development of evidence and proof of criminal acts in specific criminal
law legislation in Indonesia has seen developments in line with the advancement
of crimes characterized from transnational to extraordinary crime and the birth
of a new modus operandi of crime, resulting in a greater impact from crime. The
existence of evidence, also known as proof, is a critical feature in court
proceedings to provide certainty and law enforcement. Because of the correctness
or precision of the evidentiary effort, justice can be realized and is highly
dependent on legal certainty. Accurate verification is the only way to ensure
fairness. On the contrary, incorrect verification will result in injustice and
legal uncertainty. The judge will obtain a clear picture of the events at issue
in court if there is proof.
Concrete proof
at the time of the crime that can be legally justified is required to discover
legally if a crime has actually occurred, what the true reason is, and with
what instrument the crime was perpetrated. To clarify the course of events and
the relationship between one action and another in the series of events, the
assistance of many experts in relevant fields is required for further research
and investigation and settlement of legal issues until finally the termination
of the case in court.
FINDING FOR CAUSE OF DEATH (COD)
Crimes that
result in the death of a person are common. Proving the reality of death in
this type of crime is normally not difficult, because a person's death can be
shown by the existence of medical records indicating that someone is deceased.
Death is understood in medical science when the heart stops working; there is
also a statement when death happens in the brain stem or when someone ceases
breathing. When dealing with deaths with several dimensions, a specific amount
of evidence is required to determine the cause of death. Sometimes the evidence
offered in court is insufficient to determine a person's cause of death, which
means that not every evidence presented can answer the cause of death[2].
Knowledge is required to link these facts, assess the sequence of facts, and
derive inferences from a number of these facts. The study of causality, which
can link and analyze diverse causative elements and relate them to
consequences, is known as jurisprudence in law. The doctrine of causality is
applied to determine which activities (deeds) are the cause of death.
A) Cause of Death
The cause of death is disease or injury, or a combination of illness and
injury, which starts a never-ending cycle of events that leads to death. There
may be a single cause of death or numerous contributory causes of death.
Following the order, there could be an underlying, intermediate, or direct
cause of death. The underlying cause of death is the most significant for
statistical purposes, as well as determining death, and must be noted in the
cause of death section of the death certificate. Depending on the type and
circumstances of the case, the declaration of death might be relatively simple
or rather complicated.
The date of the initial incident has no bearing on whether or not it can
be regarded an underlying cause of death. When determining the cause of death,
it is critical to consider all relevant circumstances. Although anatomical
and/or laboratory results (toxicology, microbiology, and chemistry) can
sometimes be used to determine the exact cause of death, this is not always the
case.
When determining the cause of death, it is critical to consider all relevant
circumstances. Although anatomical and/or laboratory results (toxicology,
microbiology, and chemistry) can sometimes be used to determine the exact cause
of death, this is not always the case. This occurs when there are numerous
illnesses, injuries, or test abnormalities that are adequate to explain
mortality. The fatal part could be induced by one of several variables, or by a
complicated combination of several factors, or by all of them.
B) Mechanism of Death
The physiological, metabolic, or anatomic changes caused by the
underlying cause of death that causes death are referred to as the mechanism of
death. The mechanism of death denotes pathological alterations caused by causes
of death such as bleeding, infection, and lethal arrhythmias. It is possible
that several causes of death share the same mechanism of death, and vice versa.
If bleeding occurs as a result of acute trauma, puncture, or lung cancer. In
contrast, because the cause of death can cause the origin of multiple death
mechanisms, such as gunshot wounds causing bleeding, if the person lives,
complications of infection are the mechanism.
For example, consider a middle-aged man who was transported to the
hospital after being shot many times during a heist. He underwent an emergency procedure
to repair the organ damaged by the bullet. The man's condition improved
slightly, but he developed pneumonia, which led to renal failure, liver
failure, and, finally, heart failure. An autopsy found that he had died as a
result of serious lung and heart illness. Multiple gunshot wounds were the
cause of death because they created a chain of lethal events. The treating
doctor, on the other hand, was intrigued by the mechanism of death, multi-organ
failure, and questioned why this guy experienced multi-organ failure when all
of his injuries had been fixed. The treating doctor also inquired about his
pre-existing heart and lung illness, without which he could not have survived.
Injury takes precedence over illness in determining the cause of death, hence
pre-existing disease is not the cause of death. In other words, illness is
defeated by harm.
C) Manner of Death
The treating doctor also inquired about his pre-existing heart and lung
illness, without which he could not have survived. Injury takes precedence over
illness in determining the cause of death, hence pre-existing disease is not
the cause of death. In other words, illness is defeated by harm. There are
different definitions of killing as a form of death, including death at the
hands of another person, death as a result of actions of will or carelessness
by other individuals meant to inflict damage, danger, fear, or death, or death
as a result of neglect that ignores human life death.
Certain death conditions can have a substantial impact on determining the
proper method of death. As a result, the findings of initial investigations,
including the appraisal of crime scene investigations, as well as subsequent
investigations, such as autopsy findings, are frequently very crucial. If,
after all of these investigative steps, a definite decision about natural
death, accident, suicide, or murder cannot be made with certainty, the manner
of death is referred to as undetermined death. Manner of death are as follows:
-
1.
Natural
2.
Accident
3.
Suicide
D) Murder
Although
individual intentions play a significant part in establishing the manner of
death in cases of suicide, murder judgements do not always require evidence
that the individual who committed the murder genuinely intended to do so. While
proof of purpose is not required in murder proceedings, there are several
circumstances where the attacker's intentions play a factor in deciding the
method of death.
For example, if
a driver of a car is actively pursued by another person who attempts to injure
the vehicle on the road, crashes, and dies, this is deemed murder. Sometimes
the state of the body is such that, even if the exact cause of death cannot be
identified, the circumstances surrounding death are definitely murder.
A decomposing
body hidden in a remote place in a shallow burial is an illustration of this.
Cases where acts of negligence or carelessness have resulted in the death of
another person include cases where, making decisions concerning the mode of
death of a homicide may be challenging[3].
CONCLUSION
An autopsy can
reveal who is The Cause of Death, the Mechanism of Death, the Manner of Death,
and the Time of Death of a body or victims suspected of having died as a result
of a crime during a criminal investigative process. The examination results
will include a conclusion indicating the cause of death of the corpse or
victim, which will be used as evidence by the investigator to determine whether
or not it is a criminal violation. The result of the forensic expert's
assessment is objective and scientific material evidence, which the defendant
will find difficult to contradict later in court.
[1] Bakhtiar, H.S. (2019) The essence of autopsy in
the Criminal Investigation Process - Researchgate, Research Gate. Available
at:
https://www.researchgate.net/publication/338676554_The_Essence_Of_Autopsy_In_The_Criminal_Investigation_Process
(Accessed: November 14, 2022).
[2] Bakhtiar, H.S. (2019) The essence of autopsy in
the Criminal Investigation Process - Researchgate, Research Gate. Available
at: https://www.researchgate.net/publication/338676554_The_Essence_Of_Autopsy_In_The_Criminal_Investigation_Process
(Accessed: November 14, 2022).
[3] Bakhtiar, H.S. (2019) The essence of autopsy in
the Criminal Investigation Process - Researchgate, Research Gate. Available
at:
https://www.researchgate.net/publication/338676554_The_Essence_Of_Autopsy_In_The_Criminal_Investigation_Process
(Accessed: November 14, 2022).