THE FORENSIC ASPECT OF PERMANENT DEFORMATION OF THE FACE (CASE REPORT)

Dizdar MG, Asirdizer M, Ulucay T, Yavuz MS, Tatlisumak E.

4th Mediterranean Academy of Forensic Sciences Meeting, 14-18 October 2009, Antalya-Turkey. Poster Presentation. Abstract CD of Poster Presentations. 2009: 83.

ABSTRACT

Introduction: Facial injury, particularly soft tissue injury and fracture of the facial bones, is a frequent result after motor vehicle crashes, home and industrial accidents, assaults, and crashes during some recreational activities, such as bicycling and skiing. The other reasons of facial injuries are physical and chemical burns, falls, accidental and intentional blunt traumas, explosions, firearm injuries, knife injuries and bites of some animals. These injuries, in consideration of their results, are quite important in medico-legal evaluation.  In this case report, it was aimed to discuss legal aspect of permanent sequels following facial injury.

Case report: A 29 years old male case was injured in a coal mine in the as a result of dynamite explosion. In the medico-legal examination of the case after 8 months after this event, there were numerous scars of irregular injuries, colored purple and green and collapsed from the skin level, on the face and other body regions and several fracture sequels on his body. His right eye was eviscerated and there was ptosis at the lids of left eye. The appearance of the face was evaluated as “permanent deformation of the face” in decision at medico-legal process.

Discussion: “Permanent sequels on the face and permanent deformation of the face” in the medico-legal practice is one of the aggravating components to punishments in articles related to evaluation of injuries due to assaults or accidents in the Turkish Penal Code. This component of Turkish Penal Code was discussed in the forensic medicine community because of the dependence of medico-legal evaluation process mainly to subjective criteria. At present, many facial traumas may be treated with plastic and reconstructive surgical procedures and the loss of eye globe may be esthetically recovered by use of prosthetic eyes. Even if the prosthesis eyes supply to recovery of facial appearance of patient, they are usually nonfunctional and are not sufficient for relieving psychological damages in the patient.

In conclusion, we think that “permanent sequels on the face and permanent deformation of the face” should be abolished from among penal codes in parallel to the advances in the methods of plastic and reconstructive surgery because the functional losses such as the loss of eye globe already taken place as aggravated component in Turkish Penal Codes; permanent sequels on the face and permanent deformation of the face should be continued in the compensation laws only.

Keywords: Permanent deformation of the face, face injuries, penal codes, forensic aspect.