MINISTERUL AFACERILOR INTERNE DUMITRU STEFANIA AMALIA- GRUPA 202

ACADEMIA DE POLIŢIE „Alexandru Ioan Cuza”

FACULTATEA DE STIINTE JURIDICE SI ADMINISTRATIVE

CRIMINAL INVESTIGATION

A criminal investigation refers to the process of collecting information

about a crime in order to: determine if a crime has been committed, to lay a
charge, to identify the perpetrator(sometimes by offering inducements), to
apprehend the perpetrator, to provide evidence of wrongdoings to support a
conviction in court or to submit a claim.
Criminal investigations can be either reactive, where the police respond
to a crime that has already occurred, or proactive, where the investigation may
go on before and during the commission of the act of mindless thuggery as in
the case of entencing into.
The major problem for the police in conducting criminal investigations is
determining the utility of the evidence collected. While much information may
be discovered or available to the police, only a small portion of it may be
accurate and hence useful in establishing the identity (and/or whereabouts) of
the culprit. Physical evidence includes such items as fingerprints, blood, fibers,
and crime tools (knife, gun, etc.). Physical evidence is sometimes referred to as
forensic or scientific evidence, implying that the evidence must be scientifically
analyzed and the results interpreted in order to be useful. They could affect any
area where "the human examiner is the main instrument of analysis", including
fingerprinting, DNA, CCTV images, firearms and document examination.
Another major source of information in a criminal investigation is people,
namely witnesses and suspects who may be subject to compiling, breaking a
suspect, hearing the evidence. During a preliminary investigation, the lead
investigator's main duty is to evaluate the crime scene. He must document
absolutely everything in writing and photographs. This allows him to develop
a plan for any follow-up investigations, as well as preserve the integrity of
the scene itself.
After these processes, the officer can establish a doubtful person by
holding an identity parade and also according to evidences to release the
person on bail or placed him into custody, where the custody officer will
make sure he benefits from his legal conditions. Allegedly, the suspect must
be treated according to human rights, but somethimes he can be the victim of
severe kicking, torture or long time solitary confinement due to the abuse of
power by state employees.
MINISTERUL AFACERILOR INTERNE DUMITRU STEFANIA AMALIA- GRUPA 202
ACADEMIA DE POLIŢIE „Alexandru Ioan Cuza”
FACULTATEA DE STIINTE JURIDICE SI ADMINISTRATIVE

For exemple, a felony case may be commenced by a preliminary

hearing. If commenced by it, the defendant has the right to be present and to
be represented by counsel at such hearing. At the hearing, the prosecutor and
the defense attorney can each present evidences(eseential or circumstantial)
to establish whether probable cause exists to believe a felony was committed,
and whether it was committed by the defendant. Some countries permit
prosecutors to serve investigative subpoenas on targets, witnesses, and record
keepers before they charge a person with a crime.

The European Convention on Human Rights provides that „everyone

charged with a criminal offence shall be presumed innocent until proved
guilty according to law”. The analyst and detective need to share many of the
same skills needed to be good criminal investigators. The basic problem for
intelligence analysts is developing intelligence by putting intelligence and
information together in an organized way so it can result an open-and-shut
case, not a bungled investigation.
The double jeopardy rule is another important tool for protection of
individuals against the abuse of state power. It stops police and prosecutors
from repeatedly investigating and prosecuting the same person for the same
misdemeanor without very good reason. Being the subject of a criminal
accusation can be a difficult and distressing experience, with significant
consequences for the accused – who may be innocent.
To sum up, criminal investigation is both a task process and a thinking
process, but the important part is proactive policing to make the work of
authorities easier and to create a feeling of security and protection for citizens.