You are on page 1of 46

LEARNING OBJECTIVES:

• Equip the participants with the proper


approaches, techniques and procedures in
initial investigation;
• Enhance the basic knowledge of the
participants/students in the field of
criminal investigation;
• Inculcate guidelines in criminal
investigation that will greatly increase
proficiency of an investigator, especially
when applied to actual work experience;
• Indoctrinate desired attributes which an
investigator must have to carry out the
job’s duties and responsibilities.
SUBJECT MATTERS:
• Report of incident to a Police Unit;
• First Responder/s proceed to the crime
scene;
• Investigator-On-Case arrive at the crime
scene;
• Investigator-On-Case request for SOCO
Assistance;
• Investigator-On-Case turn-over Crime
Scene to the SOCO;
• Conduct of SOCO by Crime Laboratory;
• Release of Crime Scene to investigator-on-
case.
“POLICE OFFICERS ARE
TAUGHT TO THINK IN TERMS
OF PROBABLE CAUSE;
BUT THEY SHOULD ALSO BE
TAUGHT IN TERMS OF PROOF
BEYOND REASONABLE
DOUBT”
PROBABLE CAUSE

• AS such reasons supported by


facts and circumstances as will
warrant a cautious man in the
belief that his actions and the
means taken in prosecuting it,
are legally just and proper.
INVESTIGATION

• This is an inquiry into


allegations, circumstances
or relationships in order to
obtain factual information.
CRIMINAL INVESTIGATION

•IS A LAWFUL SEARCH FOR PEOPLE AND


THINGS USEFUL IN RECONSTRUCTING
THE CIRCUMSTACES OF AN ILLEGAL
ACT OR OMISSION AND THE MENTAL
STATE ACCOMPANYING IT. (Criminal
Investigation, Basic Perspectives: Paul B.
Weston and Kenneth M. Wells)
CRIMINAL INVESTIGATION
• IS A LEGAL INQUIRY BY VIRTUE OF A
COMPLAINT TO FOLLOW-UP EXAMINE,
TRACE AND SEARCH, STEP BY STEP BY
PATIENT AND METICULOUS OBSERVATION,
THE FACT OF THE COMMISSION OF A
CRIME, THE IDENTITY OF THE ACTORS, AND
THE CIRCUMSTANCES ATTENDANT
THERETO, BY CAREFUL EVALUATION OF
ALL AVAILABLE EVIDENCE TO THE END
THAT VIOLATORS OF LAW BE BROUGHT TO
THE BAR OF JUSTICE, AND THE INNOCENT
BE RELIEVED THEREFORM.
Approaches to a
criminal investigation:

• A criminal investigation must


necessarily proceed as a legal
inquiry by virtue of a complaint
based on a given set of facts, after
the commission of an act or
omission;
• The act or omission subject matter
of a criminal investigation “must be
a felony or an offense punishable by
law”
Approaches. . .
• As a general rule, criminal investigation is
not concerned with the arrest of the felon.
• The process of criminal investigation
requires “patient and meticulous
observation, step by step, to establish the
fact of the commission of a felony or of a
crime, the identity of the subjects, and the
circumstances attendant thereto, by careful
and meticulous evaluation of evidence, to
bring the culprit to the bar of justice, or the
innocent be relieved therefrom”.
What is a complaint?

• This is a sworn written


statement, charging a person
with an offense, subscribed by
the offended party, any peace
officer or other public officer
charged of the enforcement of
the violated.
Requisites of a Complaint in
relation to Criminal Investigation

• There must be an offended party;


• The complaint must be reduced into
writing;
• The complaint must be signed by the
offended party, any peace officer or
other public officer charged of the
enforcement of the law violated.
• The complaint must be under oath,
that is subscribed and sworn to
before a proper administering officer
Requisites. . .

• The complaint must charge an


offense;
• The offense may be either a
felony as defined under the
Revised Penal Code or another
form of crimes as provided in
the special law.
Two (2) Kinds of
Criminal Investigation

• Investigation while the suspect


is under arrest and detention;
• Investigation while the suspect
is “at large”, as distinguish from
fugitive from justice.
POLICE INVESTIGATION

• THE ACTION OF INITIATING A METICULOUS


INQUIRY TO A FORMAL COMPLAINT FILED
BY THE PRIVATE AGGRIEVED PARTY OR
PUBLIC COMPLAINANT AFTER THE FACT
OF THE INCIDENT, BUT NO ARREST CAN
BE LEGALLY EFFECTED AGAINST THE
SUSPECT AS THE CIRCUMSTANCES
ATTENDANT THERETO ARE NOT THOSE
SPECIFICALLY ALLOWED BY LAW
(Comprehensive Criminal Investigation
Procedure: Sadile and Peña)
POLICE OPERATION
• THIS IS A LAWFUL CLANDESTINE
INTELLIGENCE AND DETECTIVE
NETWORKING TO GATHER
INFORMATION AND PIECES OF
EVIDENCE TO DETERMINE WITH
CERTAINTY THE COMMISSION OF A
CRIME, THE IDENTITY OF THE
PERPETRATORS THEREOF,AND AS
MAY BE NECESSARY, TO ARREST THE
CULRPITS UNDER THOSE INSTANCES
AS AUTHORIZED BY LAW. (supra)
THREEFOLD AIM OF
INVESTIGATION
• TO IDENTIFY THE CRIMINAL ;
• TO LOCATE THE GUILTY
PARTY; AND
• TO PROVIDE EVIDENCE OF HIS
GUILT IN A CRIMINAL
PROCEEDING.
THE SIX (6) CARDINAL POINTS
OF INVESTIGATION

• WHAT SPECIFIC OFFENSE HAS BEEN


COMMITTED?
• HOW THE OFFENSE WAS COMMITTED?
• WHO COMMITTED IT?
• WHERE THE OFFENSE WAS COMITTED?
• WHEN IT WAS COMMITTED?
• WHY IT WAS COMITTED?
THE ABC’s OF CRIMINAL INVESTIGATION

• MAKE CERTAIN AS SOON AS POSSIBLE


WHETHER OR NOT A VIOLATION HAS BEEN
COMMITTED.

• RESPOND PROMPTLY TO A CRIME.

• THERE IS NO SUBSTITUTE FOR A


THOROUGH INVESTIGATION.

• ASK A LOT OF QUESTIONS WHEN SEEKING


INFORMATION.
THE “ABC’s” IN CRIMINAL
INVESTIGATION

• RECOGNIZE THE FACT THAT CRIMINALS


COME FROM ALL WALKS OF LIFE.

• DO NOT COMMIT YOURSELF AS TO THE


GUILT OR INNOCENCE OF ANYONE AT A
CRIME SCENE.

• BEAR IN MIND THAT YOUR CONDUCT IN


INVESTIGATION MAYBE CHALLENGED IN
COURT.

• NEVER ESTIMATE YOUR ADVERSARY.


THE “ABC’s” IN
CRIMINAL INVESTIGATION

• DO NOT BE OVERCONFIDENT.
• INTERVIEW, DO NOT BE INTERVIEWED.
• DO NOT JUMP TO CONCLUSION.
• ACT FAST, AND PUT FIRST THINGS FIRST.
• OPERATE ON THE PREMISE THAT A
CRIMINAL BRING SOMETHING INTO A
CRIME SCENE, LEAVE SOMETHING
BEHIND, OR TAKES SOMETHING OUT.
• LOOK FOR “DISTURBED AREAS”.
THE “ABC’S” …

• SEEK THE ANSWER TO THE


QUESTION: WHY WAS THIS
PARTICULAR PERSON OR
PROPERTY VICTIMIZED?

• PAY PARTICULAR ATTENTION TO


THE MODUS OPERANDI IN EVERY
CRIME SITUATION.

• NEVER TAKE THINGS FOR


GRANTED.
THE “ABC’S” . . .
• WORK WITH THE EVIDENCE AT
HAND.
• MAKE THE GOAL OF THE
INVESTIGATION OF A CRIME THE
CONVICTION OF THE
PERPETRATORS.
• APPRECIATE THE IMPORTANCE OF
ACCURATE OBSERVATION,
RECORDING, COLLECTION AND
PRESERVATION
THE “ABC’S” …
• RECOGNIZE THE VALUE OF
CRIMINALISTICS.
• KNOW THE VALUE OF TEAMWORK.
• DEVELOP INFORMANTS AND
SOURCES OF INFORMATION.
• COMPETENCE AS AN
INVESTIGATOR IS ACHIEVED BY
HARD WORK, ATTENTION TO
DETAIL, SACRIFICE, DEVOTION TO
DUTY, STUDY, AND CONTINUING
EDUCATION.
THE “ABC’S” …

• NO INVESTIGATION IS TOO
SMALL OR TOO GREAT TO
JUSTIFY THE FALSIFICATION OR
FABRICATION OF THE FACTS.
REQUISITES FOR A SUCCESSFUL
INVESTIGATOR

• SUSPICION

• CURIOSITY

• OBSERVATION

• MEMORY

• ORDINARY INTELLIGENCE AND


COMMON SENSE

• UNBIASED MIND
CONTINUATION. . .

• AVOIDANCE OF INACCURATE
CONCLUSION.
• PATIENCE, UNDERSTANDING,
COURTESY.
• ABILITY TO PLAY A ROLE.
• ABILITY TO GAIN AND HOLD
CONFIDENCE.
CONTINUATION. . .

• PERSISTENCE AND TIRELESS


CAPACITY FOR WORK.

• KNOWLEDGE OF THE CORPUS


DELICTI OF CRIMES.

• INTEREST IN SOCIOLOGY AND


PSYCHOLOGY.
CONTINUATION. . .

• ABILITY TO RECOGNIZE PERSONS WHO


ARE LIKELY TO BE THE SUBJECT OF
POLICE INVESTIGATION.
• RESOURCEFULNESS.
• KNOWLEDGE OF INVESTIGATIVE
TECHNIQUES.
• ABILITY TO MAKE FRIENDS AND
SECURE THE COOPERATION OF
OTHERS.
CONTINUATION. . .

• TACT, SELF-CONTROL, AND


DIGNITY.
• INTEREST IN JOB AND PRIDE
OF ACCOMPLISHMENT.
• LOYALTY.
TOOLS OF AN INVESTIGATOR IN
GETHERING FACTS

• INFORMATION

• INTERROGATION

• INSTRUMENTATION /
CRIMINALISTICS
PHASES OF INVESTIGATION

• IDENTIFY THE CRIMINAL;

• TRACE AND LOCATE THE CRIMINAL;


AND

• PROVED BY EVIDENCE THE


GUILT OF THE ACCUSED.
IN PROVING THE GUILT OF THE
ACCUSED IN COURT:
• THE FACT OF THE EXISTENCE OF THE
CRIME MUST BE ESTABLISHED;

• THE DEFENDANT MUST BE IDENTIFIED


AND ASSOCIATED WITH THE CRIME
SCENE;

• COMPETENT AND CREDIBLE WITNESSES


BE AVAILABLE; AND

• THE PHYSICAL EVIDENCE MUST BE


APPROPRIATELY AVAILABLE.
METHODS OF IDENTIFYING
THE OFFENDER

• CONFESSION

• EYEWITNESS TESTIMONY

• CIRCUMSTANTIAL EVIDENCE

• ASSOCIATE EVIDENCE
STANDARD METHODS OF
RECORDING INVESTIGATIVE DATA

• PHOTOGRAPHS
• SKETCHES OF CRIME SCENE
• NOTES ABOUT THE CRIME
• FINGERPRINTS FOUND AT THE
SCENE
• PHYSICAL EVIDENCE GATHERED
• PLASTER CAST
CONTINUATION. . .

• TAPES OF SOUND OR VOICES


• VIDEO TAPE RECORDS OR OBJECT
OR SOUNDS
• WRITTEN STATEMENTS OF
SUBJECTS AND WITNESSES
• COMPUTER PROGRAMMED AND
OBJECTS
GOALS OF CRIMINAL INVESTIGATION

• DETERMINE IF CRIME HAS BEEN


COMMITTED;

• LEGALLY OBTAIN INFORMATION AND


PIECE OF EVIDENCE;

• ARREST THE SUSPECT;

• RECOVER STOLEN PROPERTY; AND

• COMPLETE PRESENTATION OF CASE TO


APPROPRIATE AUTHORITY.

You might also like