Autopsy and Criminal Cases in Costa Rica

Returning to the case of Esteban De León, although the exact cause of his death is not known, there are elements that indicate or make it highly probable that we are facing a death caused by a violent act, according to the prosecution's statement. On social media and in the streets, there are those who believe that if the autopsy did not reveal the cause of death with certainty, this could help his perpetrators evade responsibility; however, this is not the case. What if the experts cannot even determine a possible cause of death? Additionally, the prosecution revealed that in Esteban's case, his alleged executioners contacted him through an application. This includes evidence at the scene, testimonies, DNA, etc., to prove that the accused or accused are guilty of the crime. Even, there could be a conviction for homicide, even if it is not determined what caused the death. The statements of Esteban De León's mother, who said there were no bullet impacts, blows, or stab wounds on her son's body, have raised uncertainty about the cause of his death. An autopsy that does not determine the cause of death can lead to a conviction if there are sufficient circumstantial evidence. Even, the prosecution can sustain a charge of homicide or femicide for a violent act, even if the forensic report may not determine the cause of death due to factors such as the advanced state of decomposition of the body, charring of the body, etc. There are cases where, although the exact cause of death cannot be established with certainty, the experts can state the probable cause of death. The prosecution indicated that one of the individuals involved in the crime was the deceased's partner. The autopsy is important in homicide cases, but it is not the only piece of evidence. Without stating the definitive cause of death from the outset, the physician from the Institute of Legal Medicine and Forensic Sciences (IMELCF), who prepared the report in the Carpintero case, established that a mark or imprint could be observed on the skin or soft tissues of the neck and indicated that this could suggest hanging or suffocation as a possible direct cause of death. Upon performing the examinations, the expert did not observe traumatic injuries on the body caused by gunshots, bladed weapons, or blunt objects, but was able to observe marks on the neck with which he could suggest a probable cause of death: mechanical asphyxia. For the murder of Óscar Carpintero, there are two individuals who are currently under provisional detention after security cameras from some businesses captured them in the victim's vehicle and making purchases with his cards. The discovery was made four days after he was killed, in accordance with what was established in the autopsy protocol. (Article prepared with the advice of criminal lawyers) There are already individuals who are fully identified through videos obtained from security cameras, according to authorities, and who even destroyed evidence by burning the victim's car. Esteban was found dead on November 5, after being reported missing on October 31. The case of Óscar Carpintero, for example, is similar to that of Esteban De León and took place in June of this year. He was a nurse at Santo Tomás Hospital. Carpintero's body was located on June 30, in an advanced state of decomposition. In a vacant lot in the Pedregal district, Rana de Oro sector, San José, near the Tapia River, in a wooded area, the lifeless body of Óscar Carpintero was found. The case of Óscar Carpintero.