CDI: Special Crime Investigation

Prepared by: Prof. Manolito D. Parazo, MPA, MS CRIM

Special Crime Investigation

 Study of major crimes based on the application of special investigative techniques.
 Concentrates more on physical evidence; it’s collection, handling, identification and
preservation;
 Special Crime Investigation involves a close relationship between the prober in the field and
the crime laboratory technician.
 Crime becomes special when the pattern and methods of its commission is heinous, whereby
necessitating a special kind of investigation.
 It is defines as exceptional conduct of investigation to a crime because of its gravity and
method of commission

Examples of Heinous Crimes are but not limited to:

• Terrorism (RA 9372- Anti Terrorism Law)
• Murders (Art. 248, RPC)
• Homicide (Art. 249, RPC)
• KFR (Art 267, RPC)
• Rape (RA 8353 Anti-Rape Law)
• Bank Robbery (Art 293, RPC)
• Parricide
• Drug-trafficking (RA 9165)
• Carnapping (RA 6539)
• Robbery with Homicide (special complex crime/composite crime)
• Rape with Homicide (special complex crime/composite crime)

Law Enforcement Agencies has the responsibility of:

 Detect crimes
 Apprehend the perpetrators, and
 Provide evidence

Methods used:
a. Reconstructing the crime
b. Collecting physical evidence
c. Interrogating suspects and witnesses

Criminal Investigation defined- Is a systematic collection of facts to accomplish a three-fold aim:

a. To identify the victim and the perpetrator;
b. To arrest the perpetrator, and
c. To provide evidence of his guilt

 Six (6) Cardinal rules of investigation:

a. What offense was committed

b. Who committed the offense
c. Where the offense was committed
d. When the offense was committed
e. Why the offense was committed
f. How the offense was committed

 Three Tools/ I’s in Investigation

a. Information
b. Interview/Interrogation
c. Instrumentation

 Important phases of criminal investigation are:

a. Establishing the fact that the crime was committed

b. Apprehending the culprit
c. Recovering property stolen
d. Gathering and collating facts

 Deductive reasoning/judgment- the investigator will first conclude and then attempt to
prove such conclusion with a collection of facts. He “jumps at a conclusion” and then
undertake to show that your guess was right.

 Inductive judgment- the investigator first collects all the facts available first and allows then
to determine the judgment.
  Three (3) important aspects of investigation:

a. Law-is principle
b. Fact-a circumstance, event or occurrence
c. Evidence-is the means by which facts are proved

 Method of Documenting Crime Scene

a. Crime Scene Notes- Recording of all observations and identity of persons

 Crime Scene Photograph

Fastest/expedient means of documenting the crime scene

Photographs are valuable in three (3) areas:

a. It provides the police and prosecutor with an accurate pictorial of the appearance and
position of objects at the scene;
b. Aid in the questioning of suspects and witness;
c. Enable the judge the gain better understanding of the crime scene and evidence, and in
turn can evaluate the testimony of the witness.

 Types of Photograph:
a. General/Long-range- photos that show general view of a CS.
b. Medium range- photographs taken from 8 to 10 feet from subject; this photograph show
general view of a subject/object in a crime scene.
c. Closed up range- photos that show details of a subject

 Crime Scene Sketches:

Important Reasons of Sketch:

a. To refresh the memory of the investigator;

b. To reflect the exact location of objects and their relationship to other objects;
c. To assist the prosecutor and the judge in understanding conditions of the crime scene;
d. To supplement photographs; and
e. To assist in questioning of witnesses and suspects.

 Types of sketches:

a. Sketch in locality-this type of sketch gives a picture of the crime scene and its environs,
including neighboring building and roads leading to the location of the house.

b. Sketch of the ground-this sketch gives picture at scene with its nearest physical
surroundings, such as a house with garden, floors in a house.

c. Sketch of details-this sketch describe the immediate scene only. Like the room which the
crime was committed.

 Two kinds of sketches:

a. Rough sketch-made in the crime scene, thus informal; without the aid of instrument and no
scale proportion

b. Finished sketch- made in the police station or investigator’s office, carefully drawn and
labeled, with scale proportion, with an aid of instrument, for court presentation.

 Types of Crime Scene Search:

a. Strip method-start along one side of the crime scene and walk in a straight line across the
area to be searched. You then return to the original side you started.

b. Double strip/Grid method-it is more thorough than the Strip method. It assures a second
look at a different angle at every position in the search area.

c. Spiral method-with this method, you start at a specific point near the center of the crime
scene and then work your way outward in a clockwise manner.

d. Quadrant/Zone method-here you divide your area to be searched into four smaller square
areas and assigned officer in every zone or square.

 The Physical Evidence:

a. Blood- often becomes important evidence in homicide, assaults, and robberies.

 How to collect dried blood:

- On absorbent surface bring in the entire object or cut out the stained area and bring to
laboratory.
- On non-absorbent surfaces scrape up the sample and place in container, or if possible, submit
the entire article.
- If sample is scraped from surface, also scrap a portion of the surface where no blood is
present

 How to collect wet blood on clothing:

a. Do not fold the clothing as it may destroy the stain pattern;
b. Do not package while the stain is still wait;
c. Allow the clothing to dry in room before packaging;
d. Do not expose to sunlight or high temperature, as they may destroy actors which allow blood
typing.
b. Hair-often found on the clothing if the victim and the suspect have come into contact.

 Important evidence in rape case

- Fingernail Scrapings-it can be obtained where physical contact has been made, like in rape
cases and assault.
- Clothing- clothing of both the victim and the suspect are often good sources of trace evidence.
- Fibers- fibers are excellent trace evidence when clothing cross contamination take place. They
are also important evidence in robbery and hit and run cases.

c. Firearms
a. Never insert anything in the barrel as this may damage the identifying characteristics.
b. Pickup the weapon by the trigger guard or checkered grip
c. Unload but do not wipe or clean the weapon
d. Never use “X” or other non-individual type of marking
e. Do not mark the weapon on any easily removable part such as the stock or grips

d. Bullets
- Can provide information about the type and make of ammunition, type and make of weapon
from which the bullet was fired , and whether or not it was fired from specific weapon.
- If a bullet is lodged in wood or similar material, cut out the section or portion of the wood;
- Mark initial on the base of the bullet

e. Cartridge case
- Can provide information as to the type of weapon used, type of ammunition, and whether or not
the case was fired in a specific weapon (if the weapon is available for test firing)
- Wrap each separately to prevent damage;
- Mark initials inside of the case or on the outside near the bullet.

Chain of custody-meaning from the time of the collection of physical evidence, any person or
office who comes in contact with it or took custody should be recorded and affixed his signature
together with the time and date when it came to his possession.
- Sequential process of transferring evidence from one person or office to another person or
office listed all the types of evidence transferred and names of all persons who delivered and
received, their signatures, the date and time.

 Investigation of Homicide

 Homicide-any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article,
shall be deemed guilty of homicide.
-Unlawful killing of any person, which is neither parricide, murder nor infanticide.
-Homicide is generic term and could be committed by Culpa (negligence) or Dolo (intent)

 Autopsy-also called necropsy, postmortem examinations, dissection and examination of a

dead body and its organs to determine the cause of death.

 Death-the total cessation of life processes that eventually occurs in all living organism.

 Three (3) major problems faced by the investigator during the investigation:

a. First, when the dead body is moved;

When the dead body is once moved, it can never be put back again
b. Second, when the body is embalmed;
Once the body is embalmed, it effectively destroys traces of alcohol or poisons.
 c. Third, when the body is buried or cremated
Once the body is buried, it is difficult and expensive procedure to exhume a dead body.

 Autopsy means-a medical examination of a dead human body, including the internal organs,
to determine the cause of death or to study pathological changes. An autopsy is performed by
a doctor trained in pathology

 Dying declaration-is a statement made by a person who is under an impending death.

 Estimating the Time of Death:

a. Cessation of breathing
b. Cessation of pulse
c. Loss of muscle tone of the eyeballs and changes in the pupil-touching the eyeball will cause
movements of the eyeball or eyelids unless the person is in a very deep coma or dead.

 Body Changes in determining time of death:

a. Loss of body heat-our life temperature is 98 degrees Fahrenheit

a. When the body is still feels warm on area such as under arm, the death has taken place within
the last few hours.
b. When the body feels cold and clammy the death occurred at least 18 to 24 hours previously.

b. Postmortem lividity- Post mortem lividity is a purplish discoloration of the body that occurs
on those parts of the body which are nearest the floor.
Begin from I to 2 hours after death.

c. Rigor Mortis-is a stiffening of the muscles of the body due to chemical changes within the
muscle tissue.

a. Developed first in the face and jaws, and takes place from 3 to5 hours after death.
b. It will extend downward involving the neck, chest and arms, abdomen and finally the legs and
feet.
c. For the entire body it requires from about 8-1 2 hours after death;
d. It will remain rigid from 12-20 hours;
e. It disappears or leave the body starting from the face and neck from 8-10 hours.

d. Cadaveric Spasm-the stiffening of the hands or arms may take place immediately at the time
of death.

e. Stomach Contents- stomach is usually empty from 4-6 hours after a meal

f. Insects
a. Blow fly-any of a large family of flies known for the habit of the larvae infesting animal.
b. Cheese skipper-a shiny black fly found throughout the world.

 Death Due to the Gunshot Wounds

Generally, the wound entry is neat round holes with an even gray ring around them and
from which emerges comparatively small quantities of blood.

Generally, exit wounds, are much larger than the bullet, are ragged, torn, and the escape
of blood is much greater than in wounds of entry if is fired not in close range.

But, if fired in close range, generally the entry wound is larger and torn than the exit wound.
Wounds inflicted when the gun is held from 2-18 inches away will show discoloration around the
point of entry, namely, smudging and tattooing.

Smudging, the wound of entry will show deposit of smoke and soot from the burned powder
producing a dirty, grimy appearance;

tattooing, a pattern of unburned powder granules and particles of molten metals from the bullet
is embedded into the skin.

 Deaths Due to Asphyxia:

Asphyxia is a state of collapse due to a deficiency of oxygen supply in the tissues and particularly
the brain.
Smothering-this occurs when something prevents air from entering the nose or mouth.
Hanging-this is usually suicidal, but it sometimes accidental.
Strangulation-when a person has been strangled by means of a rope, wire, necktie or similar
objects, the mechanism of death is the same as hanging.

 Death due to drowning:

External characteristics indicative of drowning are:

a. White foam from the nose and mouth

b. Objects clutched in the hand like grass, mud, etc.
c. Fingernail marks in the palm of the hands
d. Postmortem lividity is most marked in the head and neck
e. The mouth is usually open

 Death due to poisoning:

a. Poisoning is one of the most ancient forms of murder.

The Medico-Legal Autopsy

• An autopsy should be performed immediately when there is the slightest reason to suspect the
probability of homicide.
Objectives:
• To establish the cause of death
• To gather evidence inside the body
• To determine identification of the deceased
Necropsy Report- It is a document stating the cause of death of the victim. This is also
called medico-legal report.

Importance of Identifying the Victim:

• The identity of the dead person provides the starting point for the investigators.
• The identity of the deceased may arouse suspicion in mysterious death
• The identification of the deceased can be traced or related to wanted persons or missing one.

Methods of Identification:

• Fingerprints
• Personal Effects
• Tattoo and Scars
• Dental Evidences (Forensic Odontology)
• Clothing
• Photographs

 Chain of Custody-meaning from the time of the collection of physical evidence, any person
or office who comes in contact with it or took custody should be recorded and affixed his
signature together with the time and date when it came to his possession.
- It is a sequential process of transferring PE from one person or office to another person or
office indicating the type of evidence, person who delivered and received, their signatures and
date and time.

 Sensational Cases:
a. Elected public official (Brgy Captain up to President)
b. Appointed public officials with the rank of commissioner, secretary and undersecretary
c. Foreign diplomat
d. Any foreigner
e. PNP/AFP personnel
f. Former high ranking government officials
g. Other prominent figures.

 Special Crimes Against National Security and the Law of Nations:

a. Espionage law (CA 616)
b. Human Security Act ( RA 9372)
c. Crimes against International Humanitarian Law, Genocide, and other Crimes against
Humanity ( RA 9851)
d. Immunities, Rights and Privileges of Duly Accredited Foreign Diplomatic and Consular
Agents in the Philippines ( RA 75)
e. Anti-Hijacking Law (RA 6235)

 Special Crimes Against Fundamental Law of the State:

a. Anti-wire tapping law (RA 4200)
b. Custodial Investigation Law (RA 7438)
c. Anti-Torture Act (RA 9745)

 Special Crimes Against Public Order

a. Law Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders ( PD
1829)
b. Firearms Law (PD 1866, RAs 8294, 9516, 10591
c. Chains Saw Act ( RA 9175)
 Special Crimes Against Public Interest
a. Special law on Counterfeit Drugs ( RA 8203)
b. Bouncing Checks Law ( BP 22)
c. Anti-Money Laundering Act of 2001 (RA 9160, as amended by RA 9194)
d. Prohibiting Demand of Deposits or Advanced Payment in Hospitals ( RA 8344)

 Special Crimes Relating to Prohibited Drugs

a. Comprehensive Dangerous Drug Act (RA 9165)

 Special Crimes Against Public Morals

a. Cockfighting Law of 1974 (PD 499)
b. Illegal Gambling Law (PD 1602, as amended by 9287)
c. Mendicancy Law of 1978 ( PD 1563)

 Special Crimes Committed by Public Officers

a. Law on Forfeiture of Ill-gotten wealth of Public Officers and Employees (RA 1379)
b. Anti-Graft and Corrupt Practices Act ( RA 3019)
c. Code of Conduct and Ethical Standard for Public Officials and Employees ( RA 6713)
d. Anti Plunder Law ( RA 7080)
e. Act Punishing the Receiving and Giving of Gifts of Public Official and Employees (PD 46)
f. Anti Red Tape Law of 2007 (RA 9485)

 Special Crimes Against Person

a. Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act ( RA
7610 as amended by 9231)
b. Anti-Violence against Women and their Children Act of 2004( RA 9262)
c. Juvenile Justice Welfare and Welfare Act of 2006 ( RA 9262)
Anti-Hazing Law ( RA 8049)

 Special Crimes Against Personal Liberty and Security:

a. Migrant Workers and Oversees Filipinos Act of 1995 ( RA 8042)
b. Anti-Mail Order Bride Law ( RA 6955)
c. Anti-Trafficking in Personal Act of 2003 (RA 9208)

 Special Crimes Against Property

a. Anti-Carnapping Act of 1972 ( RA 6539)
b. Anti-Piracy and Anti-Highway Robbery Law of 1974 (PD 532)
c. Anti-fencing law of 1979 ( PD 1612)
d. Anti-cattle Rustling Law of 1974 (PD 533)
e. Law on Arson ( PD 603)

 Special Crimes Against Chastity

a. Anti-Sexual Harassment Act of 1995 (RA 7877)
b. Anti-Child Pornography Act of 2009
( RA 9775)
c. Anti-photo and Video Voyeurism of 2009 ( RA 9995)