2-FME legal procedures

law & crime( Legal procedures)

inquest

Inquest;legal or judicial inquiry to ascertain(to learn e

certainty&assurance, to determine,find out) a matter of fact,

In fm an inquest means an inquiry into the cause of an un-natural death.

3 types of inq;1-police inquest 2-magistrate inquest 3-coroner’s inquest

POLICE INQUEST

Police inquest;an inquiry by an police officer,incharge of a police station into the cause of any

un natural death.Investigating officer; making the preliminary

inquiry,1-Police inquest report;investigating officer prepares a report about probable cause of death,from the appearance of the body including

injuries , in the presence of two witnesses signed by him& witnesses.

In case of cognisable offence,such as grievous hurt&rape

individual is sent by the police direct for med exam along e his statement &requisition ,

accompanied by a police constable who identifies the person to the doctor.

In case of non cogn ;such as simple hurt ,injured person may go direct

,or through police ,or through magistrate court after filling an affidavit(a

written declaration under oath.) for med exam. &report.

Cognizable offence

In which the police may arrest a person w/d out warrant. Police is authorized to start investigation on their own , do not require orders from the court to do so , e.g. ; murder ,Rape &kidnapping

FIR ; it is generally a complaint lodged w/d the police by the victim of a cognizable offence ,or by some one on his /her behalf

Any one can report the commission of a cognizable offence either orally, or in writing to the police , even a telephonic message can be treated as an fir

Fir sets the process of criminal justice in motion & starts investigation ;any one who knows about the commission of C.O CAN file an fir

The police may not investigate a complaint even If you file an FIR ;WHEN –THE CASE is not serious in nature----the police feel that there is not enough ground to investigate --reason for not recording must be explained by police

2-Magistrate inquest; an inquiry conducted by a mag, to ascertain(to learn

e certainty or assurance) a matter of fact: Held in Cases of Insanity (madness , mental illness) ,before the person is

admitted to an asylum (shelter)(pagalkhana) Death of a victim in jail ,police custody ,or during police interrogation ,death by plc. Exhumation cases.

3-coroner’s inquest ;coroner is appointed by govt,to inquire into the causes of all un natural deaths.Coroner ;is an experienced advocate or ,attorney ; a person authorized to act on

someone else's behalf in a legal or business matter by a power of attorney

1st class magistrate ,in a rank of 1st class judicial magistrate , having a court .

he is authorized to use all powers of a magistrate.Coroner inquest report is more technical than

police inquest report for a medical man

Courts

1-supreme court ;highest in the country, its function is supervisory ,law declared by it is binding on all courts ,it can pass any sentence like; death , transportation(mulk badry) for life, imprisonment(-vig-simple) forfeitures of property Lost or surrendered as a penalty for

wrongdoing fine treatment ,training ,rehabilitation of youthful offenders.

Whipping(thrashing.beating) Solitary confinement Detention of a person in court till judge leaves the court.

Sentences authorized by the law:Death Imprisonment for life Transportation for life Imprisonment( simple & rigorous) Forfeiture of propertyFine Treatment, training & rehabilitation of youthful

offenders Whipping(thrashing.beating)Solitary confinementDetention of a person in court till judge leaves the

court.

2-High court;located in the capital of a state,or provinceempowered to trail any offence, pass any

sentence by law.Session court;located at district level ,can trail all kinds of criminal offences, it may pass any sentence , including a

sentence of death , which is subjected to confirmation by

high court.

Court procedure(summon)

The med man when required to give evidence is summoned to court by a sum

Subpoena (under-penalty)/summons: it is a document compelling the attendance of a witness, in a court of law, under a penalty .

issued by the court,in duplicate ,signed by presiding.officer.

served by police to witness,witness return other copy,dully signed by him

,he must attend the court for evidence ,otherwise he will be charged for contempt of court.

In civil cases a reasonable sum(conduct money) is paid by calling party.

In criminal cases no such tender is made,he can claim from health depot ,by providing

court.evidence .certificate from concerned court.

Oath ;A solemn affirmation substituted or specified by law,to be

made before a public servant as a proof .

a witness is required to swear that he will tell the truth , the whole truth , nothing but the truth .

oath is administered by the court.

Perjury :willful utterance(speaking) of falsehood under

oath a witness after taking oath ,willfully makes a statement contrary to the

fact ,or conceal the truth intentionally ,is guilty of crime of perjury.The witness is whether influenced ,bribed,

or intimated (making known ,ip relationship) ,called hostile witness.

Oath,perjury,hostile witness

Attend the criminal c 1st ,inform the civil c .higher c get preference over the lower c.

Oathsolemn affirmation)(bazabta toseeqi bayan):a witness is required to swear ,that he will tell the truth,the whole truth,nothing but the truth.oath is administered by the court.

Perjury : a witness after taking oath ,willfully makes a statement contrary to the fact ,

or conceal the truth intentionally ,is guilty of crime of perjury.

The witness is whether influenced ,bribed, or intimated ,called hostile witness.

Recording of the evidence

1-exame in chief:in which witness is examined by the side,called

him,no leading question is allowed. a leading Q is one that suggest its own answer.2-CROSS EXAME:opposing council for the accused seeks to

extract from the witness favorable points .leading Q is allowed.3-re exam by own council4-Court Q:Example;a case of death from penicillin inj.dr

as a witness

Evidence:all legal means which help to prove or disprove a matter of fact,the truth of which is subjected to judicial proceeding.it can be documentary or oral or circumstantial.

1-what precautions are necessary before inj penicillin?ans-a sensetivity test should be done.(exame n chief,

plaintiff)2-dr,is it possible that an anaphylactic reaction may still

occur ,even though sens test is -tive.( Cross exam by defense, accused)

Ans yes3-what would be the difference in the Anap R in a case

where test was +tive .& in a –tive case.(rexam by own council)

Ans it will be more sever in + cases than - .4-is there no way by which one can be absolutely certain if

the patient is sensitive to pencil line?(court question) Ans no .

Medical evidence

Medical evidence; given in the court of law is written (documentary)or oral Documentary evid; 1-med certificate: sickness or death cert. 2-medicolegal report; injury R, PM R. 3-dying declaration. Medical certificate: this is simple form of documentary evidence pertaining to sickness , compensation , vaccination & death. These are accepted only, issued by RMP. may require appearance in court to testify . be careful in issuing cert. Issuing of false cert. constitutes professional misconduct. The cert must contain all relevant true inform . it should contain two identification marks , signature , or left

thumb impression of the holder of certif.

Sickness cert should contain exact nature of illness.Compensation cert must state extent of

disability ,arising from accident or industrial disease,temporary or permanant.Vaccination cet must contain exact date of vacc.Death cert can be issued in natural deaths.dr can’t charge fee for it. Can’t delay.Dr must state exact cause of death .Dr must inspect the body to make sure that the person

is actually dead , excluding a state of susp animation. In un natural cases,or any suspicion of foul play such

as violence or suspected poisoning should report to police.

Medicolegal report

This is a document prepared by a med man in response to a requisition from a police officer or magistrate.

Examples:1 injury report 2 postmortem report 3 age certificate 4 lunacy(deewana) certificate 5 certificate in sexual offences

9. MEDICO-LEGAL CASE

It can be defined as a case of injury or ailment, etc., in which investigations by the law-enforcing agencies are essential to fix the responsibility regarding the causation of the said injury or ailment.

In simple language it is a medical case with legal implications for the attending doctor where the attending doctor, after eliciting history and examining the patient, thinks that some investigation by law enforcement agencies is essential .

Or a legal case requiring medical expertise when brought by the police for examination.

Preparing the report dr should give; 1 date ,time, place of exame. 2 names of individuals who identified the person

or body. 3 two identification marks must be noted. 4 in injury case injuries must be accurately

described. 5 an opinion on their nature (simple or grievous) 6 class of weapon used. 7 in pm rep cause of death ,time since death

should be mentioned. 8 articles such as weapons,clothings should be

described. After labelling return to police.

Dying declaration

This is a statement verbal or written, made by a dying person narrating the cause of his condition or the circumstance leading to his death.

It is admissible in all criminal &civil cases. Dying decl may be made orally, but the receiving person

should commit it to writing. Ensure that the patient is in a sound mental

condition(compos mentis) It should be recorded in the vernacular(local dilact or

language) of the declarant in the presence of two persons.

The declaration should be forwarded in a seal cover to concerned mag.

Investigating police officer should not be allowed during recording.

Dying dec forms an imp evid in criminal trail when the victim is dead, if he survives it ceases its legal value.

Dying deposition

It is a statement on oath made by a dying person to a magistrate in the presence of the accused &his lawyer, who has right to cross exam.

before the statement is made dr must certify that the victim is compos mentis.

A d.dep carries more wt than a dying declaration

Bcz it is recorded by magistrate ,in the presence of accuse &his lawyer.

It retains its value ,even if the victim survives.

Executive magistrate :are appointed by state govt. they may be

placed incharge of a distt or subdivision.Sentence powers of magistrate; 1-chief judicial magistrate-

imprisonment upto 7 years, un limitted fine.

2-jud mag 1st class; imprison upto 3 years, fine upto 5000

Judicial magistrate 2nd class ;imprison upto 1 year ,fine upto 1000.

Crime ?Any social harm, which has been defined and made punishable by law , is termed as crime.

Crime is the breaking of rules or laws for which some governing authority (via legal systems) can ultimately prescribe a conviction.

In common law usage, 'offence' differs from 'crime' in that there is typically no victim, but the action remains prohibited by statute.

While every crime violates the law, not every violation of the law counts as a crime;

for example: breaches of contract ; is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract ...Minor breaches - Material breach - Fundamental breach - Anticipatory breach,

and of other civil law may rank as "offences" or as "infractions". generally regard crimes as offences against the public or the state, as distinguished from torts (wrongs against private parties that can give rise to a civil

cause of action).

What is the difference between Crime and Offence?

• Law makes no difference in the words crime and offence and, in fact, terms violation of penal laws as the

definition of offence• An act or behavior that does not break a law is not

an offence• The word offense comes from offender who is a person

violating a law• There are some offences that are not cognizable or

punishable by law• However, a crime is always a violation of lawThe thing to remember is that an offence is punishable

by law only if is cognizable.

Definition of the crime always contains some mental element, which manifest intent, purpose or design of the crime.

ANALYSIS OF CRIME (THE COMPONENTS OF CRIME)A) Mens ReaB) Actus Reus.Mens Rea: Latin phrase mens-rea the act does not make a

person guilty unless the mind is also guilty". notes the evil or criminal intent, which is a pre-requisite to guilt and thus a condition precedent to liability of the crime. The law does not punish criminal or evil thought.

The punishment is awarded for the harmful result.Accused must have acted voluntarily without the effect of

drug illness or influence. Accused must have thought about the consequence of

act, made some necessary preparation before committing a crime. Without these it will be an involuntary act.

B) ACTUS-REUS (MEANS AN ACTION):In addition to evil intention there must be an evil ACTION.

So for crime both elements must be present.Actus reus + Mens-rea= crimeCRIMINAL PROCEDURE: Is conducted in criminal courts or

law keeping in mind three essential components:GENERAL PRESUMPTION IN LAWGENERAL EXCEPTIONS IN LAWGENERAL LEGAL DEFINITIONS

GENERAL PRESUMPTIONS IN LAW ARE THAT:Every one is sane(sensible) and responsible for his

action.Every one is innocent until proved guilty.If, at the conclusion of the proceedings, court of criminal law

is in any reasonable doubt about the allegation, the case shall be resolved in favor of the accused.(benefit of doubt is given to the accused)

GENERAL EXECEPTIONS IN LAW: ARE THREE, which negate(counteract or reverse)

criminal responsibility.These are :ImmaturityInsanityIntoxicationThis means that the accused must have acted voluntarily

without any external influence ( force, drug or disease). A child who is not sufficiently mature to understand

the nature and consequences of an action cannot be considered guilty.

Similarly , an adult who is incapable of knowing the nature and consequences of an action due to unsoundness of mind cannot be considered guilty.

An intoxicated individual shall also not be guilty provided the administration of intoxicant is without his knowledge or against his will.

LAW: It is rule of conduct( how to behave in society) enforced by the court.

Or personal conduct of an individual enforced by court.ENFORCED: Means that we are compelled to

conform( avoided by) certain conduct.OR LAW: A code of conduct established by the

authority, society or custom.TYPES OF LAW: 1. Common law2. Statute law a) civil law b)criminal law 3. Islamic law or Shariat lawCOMMON LAW: It is conduct of individuals enforced by

the community in which we live. It is unwritten and is based on immemorial usage of convention or customs of community. It is based on conduct & norms , conventional decisions, and customs.

The community in which he lives controls the conduct of an individual.

The usefulness of common law is its universal applicability.

LAW: It is rule of conduct( how to behave in society) enforced by the court.

LAW: A code of conduct established by the authority, society or custom.

Law is reason& no reason no law. on the basis of its source it is divided in 1-common law 2-statute law Com law ; is applied system of law and in unwritten form, It is based on conduct ,conventional decisions, customs the conduct (behavier,manner) of an individual is controlled by the

community in which he lives it is still praised by judges in courts. Statute law; is the body of the law, which is enacted(Enact; to make a bill ,to

make into law) by legislative body of represetative govt as act, or decreed( Decree ; an order having the force of law}by a ruler as an

ordinance. it is codified law , in written form of country. this is ot two types: civil &criminal

2. STATUTE LAW: It is written law in which rule of conduct is defined , codified, and made law by parliament in relation to changes in the circumstances of that community I.e. Englishman invaded India and brought their law.

Statute law is the body of law whether criminal or civil. It is enacted by the legislative body of a representative government or decreed by a ruler.

Rule made by representative government known as an ACT.Rule made by a ruler is known as an ORDINENCE.In Pakistan, after enactment of the statute law, it is notified

in Extra-ordinary Gazette of the Government and later published in a book or booklet form. In its printed form it consist of a title, a preamble, parts, chapters, sections and schedule.

TYPEs OF STATUTE LAW: a) Civil lawb) Criminal law

Civil law

Civil law ;deals e rights of the citizen. it provides resolves personal conflicts of individual's. issues arising from industrial injury , medical negligence , matrimonial (marital), land lord-tenant disputes are dealt under civil law . the damage is compensated in terms of money.

( restitution)

civil lawA means of resolving conflicts between individuals. It includes personal injury claims (torts), the law of contracts and property, and subjects such as administrative law and the regulation of public utilities.

a) CIVIL LAW: It is the law, which deals with the rights of citizens in a particular state or nation as distinguished from criminal law. It provides remedies for personal grievances( suffering) of individuals or groups of individuals or groups of individuals. It does not concern with the community as a whole, but with private laws of individuals.

Issues arising from industrial injury, poisoning, medical negligence and matrimonial and landlord-tenant disputes are dealt under civil law.

The damage is compensated in terms of money.b) CRIMINAL LAW: It is rule of conduct observed by all. It involves crime and its punishment. It may be defined as that

body of law, which exists for better government of persons within the state. It includes all offences against the law. Prohibition of certain acts or omission is total. It is to be observed by all.

Its contravention is punished with fine, imprisonment or death.

The purpose of criminal law is to safeguard the interests of the community and maintain a proper order and peace in the society.

Criminal law

Criminal law ; involves crime &its punishments.

it includes all offences against law. Its (breaking)is punished e fine, imprisonment

or death its purpose is to safeguard the interests of

community &maintain a proper law& order and peace in

society.It is also provided in the constitution of islamic

republic of pakistan that all existing laws shall be brought in conformity(agreement,according) e the Holy quran &Sunnah

A crime is a violation of the(criminal law) penal code.

A tort is a violation of the civil law.

Criminal Law and Civil Law

Sentences authorized by the law:Death Imprisonment for life Transportation for life Imprisonment( simple & rigorous) Forfeiture of propertyFine Treatment, training & rehabilitation of youthful

offenders Whipping(thrashing.beating)Solitary confinementDetention of a person in court till judge leaves the

court.

3. SHARIAT LAW: Based on injunctions of Islam and Sunnah.It is based on teaching of Quran and Sunnah. It is both civil

and criminal.SHARIAT ORDINANCE 1988 is an attempt to declare shariat

as the supreme source of law in the country.COURTS OF LAW: Are places where people bring their

grievances against others to seek remedies. When an individual is accused of a breech of criminal law or contract, the complaint is brought before a court of law for trial and decision upon the issue.

A judge presides over the hearing and records all the evidence in writing presented to him by both the parties. He finally concludes the proceedings giving his decision in writing. His conclusion is called the JUDGEMENT.

TYPES OF COURTS: 4. CIVIL COURTS .5. CRIMINAL COURTS6. FEDERAL SHARIAT COURT.7. MILITARY COURT

1. CIVIL COURTS: It deals with the civil cases and cases of violence of non cognizable nature.

2. CRIMINAL COURTS: Work at two levels: A) At national and provincial level:a) SUPREME COURT: It is located in Islamabad in

Pakistan.i) High court of appeal.ii) Supervise all courts in Pakistan and deals with

referred cases or appeal against high-court when special and exceptional circumstances.

iii) Laws declared by it are binding on all courts in Pakistan.

iv) Can pass any sentence.b) HIGH COURT: It is located in capital of every

province. High court of Sindh is in Karachi, of Punjab in Lahore, of KPK in Peshawar, of Baluchistan in Quetta.

3. MARTIAL LAW COURT: It is a court ( during martial law), which can try all offences and can pass any sentence.

4. FEDERAL SHARIAT COURT: Gives justice according to Quran and Islamic laws it is located in Islamabad.

5. MILITARY COURTS: For army cases, it solves problems.