Article by Kotie Geldenhuys with legal input from Brig (ret) Dirk Lambrechts
Photos/images courtesy of Unsplash and Freepik
“No body” murder cases are unlike any other cases: They leave an unparalleled impact on the victim’s family, friends and loved ones, shrouded in mystery and unanswered questions. Without a body, key elements such as the time of death (post-mortem interval or PMI), the connection of a weapon to a wound, and other critical evidence are often missing. Yet, against all odds, various such cases have gone on trial to ensure that justice is served.
Corpus delicti, meaning “body of the crime” (Ponti, 2024) or “body, substance or foundation of the offence” (Van der Linde, 2022) or also “exhibit”, refers to the principle in law that one requires proof that a crime occurred before someone can be charged. In the case of murder, the victim is part of the corpus delicti. In murder cases, the victim’s body is usually the key evidence, as it reveals when and how the crime has happened. However, there is a common misconception that a body is needed to charge someone. Although rare, it is possible that murder cases can still be prosecuted if sufficient circumstantial evidence suggests the crime and implicates the accused. These cases face significant challenges, including proving the victim is deceased and establishing the accused’s responsibility (Van der Linde, 2022 and Ponti, 2024).
****************************
[This is only an extract of an article that is published in Servamus: April 2025. This article is available for purchase.]