Visum et Repertum as Evidence of Severe Maltreatment Criminal Acts

The Purpose of Forensic Medicine in Proving the Existence of a Criminal Act

Forensic medicine aims to determine a criminal act that causes the loss of life or disability of a human being due to actions committed by one or more people. The Visum et Repertum evidence will function as a substitute for corpus delicti (the proceeds of crime) that cannot or may not be physically presented in court, such as injuries to the human body or a deceased victim. Therefore, Visum et Repertum fully bridges medical science and legal science because by reading the Visum et Repertum, it can be clearly understood what has happened to a person, and law enforcement officials can apply legal norms to criminal cases involving the human body and soul.

Forensic doctors play a role in helping to uncover a criminal act involving the human body, thus clarifying the criminal act that occurred. In addition, medical science also has a role in determining the causal relationship between an act and the consequences that will result from that act, whether it causes injury to the body or causes the death of a person, where it is reasonably suspected that these consequences have resulted from a criminal act. Based on the results of the forensic expert's examination, it can then be determined whether a person's injury or ill health is caused by a criminal act or not.

Evidence of Visum et Repertum as a Product of Forensic Medicine

Visum Et Repertum as documentary evidence is regulated in Article 187 of the Criminal Procedure Code letter c, which must be made under oath of office or confirmed by oath, namely: a letter made by an expert, containing opinions based on his expertise regarding a matter or condition that is officially requested, including expert reports. All documentary evidence has free evidentiary value, so judges have the freedom to accept or reject the letter as valid evidence capable of convincing the judge of the defendant's guilt.

The public prosecutor must prove that the substance of the letter submitted as evidence is mutually supportive and consistent with other valid evidence, resulting in the minimum requirements for proof being met and the judge being convinced of the defendant's guilt. This is related to the evidentiary system adopted in criminal justice, namely proof according to law in a negative way. Likewise, the testimony of an expert who becomes evidence of Visum Et Repertum.

Visum Et Repertum To Determine the Qualification of Injuries to Victims of Maltreatment

Visum et Repertum is a report on what is seen and found, as seen in the physical examination of the human body, which replaces evidence at the scene of the crime (Article 187 of the Criminal Procedure Code). The function of Visum et Repertum is as one of the valid pieces of evidence related to the crime of persecution.

One of the things that must be disclosed in the conclusion of a Visum et Repertum of injury is the degree of injury or qualification of the injury. With regard to the qualification of the injury, the purpose of the forensic examination is to determine the cause of the injury/illness and the degree of severity of the injury/illness, which is important for determining the formulation of the offense in the Criminal Code. An injury can have an impact on the victim in terms of physical, psychological, social and occupational aspects, which can arise immediately, in the short term, or in the long term. The impact of the victim's injury plays an important role for the judge in determining the criminal sanctions that must be imposed based on justice.

The evidentiary value of the Visum et Repertum is given to the judge's assessment. The aim of the Visum et Repertum is basically to submit to the judge facts or realities from the evidence of all the circumstances concerned, so that the judge can make his decision correctly based on the existing legal facts. One thing that is explained in the conclusion of the Visum et Repertum of injury is the qualification of the injury or the degree of injury. From a legal aspect, the Visum et Repertum is declared good if the substance contained in the Visum et Repertum can fulfill the formulation of the offense in the Criminal Code.