Lectures on Special Crime Investigation

CDI-3: SPECIAL CRIME INVESTIGATION

INTRODUCTION

Special Crime Investigation deals with the study of major crimes based on the application of
special investigative technique.

The study concentrates more on physical evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory. Special Crime Investigation involves a close
relationship between the prober in the field and the crime laboratory technician. They work together as
a team, reacting to and extending one another’s theories and findings both working patiently and
thoroughly to solve a crime from their investigative discoveries.

The present criminal justice system in our country, or the court, relies more on physical
evidence rather than extra-judicial confession.

Note:

 Extrajudicial Confession is a confession made out of court, and not as a part of a judicial
examination or investigation. Such a confession must be corroborated by some other proof of
the corpus delicti, or else it is insufficient to warrant a conviction.

Crime- is the commission of an act which is prohibited or the omission of an act required by the
penal/criminal law of an organize state.

Criminal Investigation -It is an art which deals with the identity and location of suspect and provides
evidence of his/her guilt, in a criminal proceedings.

Investigator -the person in charged of carrying out the objectives of investigation.

Purpose of Investigation

1. To establish that, in fact, a crime was committed;

2. To identify the law violator/suspect;
3. To locate, trace and apprehend the suspect/perpetrator;
4. To assist in the prosecution of the accused person /provide evidence of his guilt.

Primary Job of an Investigator

The primary job of the investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed, he must
discover how it was committed, by whom, where it was committed, when and why it was committed
(Cardinal points of Investigation 5W’s and lH).
6 Cardinal points of investigation:

 What –specific offense has been committed ?(nature of crime);

 Where – crime was committed? (place, location/venue);
 When – crime was committed? (time and date);
 Who - committed it? (person/s involved particularly the suspect);
 Why – it was committed? (Reason or motive of committing the crime);
 How – it was committed? (Manner/method or modus operandi).

What are the qualities of a good investigator?

 Perseverance
 Intelligence
 Honest, incorruptible & with personal integrity.
 Understanding of the people and environment
 Keen power of observation
 Resourceful and quick witted.

The National Forensic Science Training Institute (NFSTI) – under the PPSC, is an institution that trains
uniformed personnel of the PNP to become a certified investigator.

TOOLS OF INVESTIGATION or “3 I”s (Information, Interview/interrogation, and Instrumentation or

Criminalistics)

1. INFORMATION (RCG)

It is the knowledge/data which an investigator acquired from records and persons. Regular
source is acquired from open sources, records, files, cultivated source are information furnished by
informants/informers, Grapevine source are information given by the underworld characters such as
prisoners or criminals.

2. INTERVIEW/INTERROGATION

Is a conversation with a purpose, motivated by a desire to obtain certain information from the
person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.

This is the questioning of a person believed to possess knowledge that is in official interest to
the investigator.

Questioning maybe done in a simple approach or in a forceful or rigid one

INTERVIEW refers to the simple questioning of a person willing to provide relevant information
to the investigator, while

INTERROGATION refers to skillful questioning of a person suspected to be the one committed

the crime and is likewise hesitant and reluctant to divulge information relative to the investigation.

3. Instrumentation

It is the utilization of the various fields of criminalistics for purposes of examination and
identification of physical evidence.Scientific examination of real evidence, application of instrument and
methods of the physical sciences in detecting crime. It is also the application of the different fields of
science in investigation and eventual resolution of crimes.This includes but not limited to Dactyloscopy
(science of fingerprint), Forensic photography, Forensic Chemistry, Ballistics and the likes.

The Initial Action in Crime Scene Investigation:

The action done in the scene of the crime immediately following its detection or reporting.

 Save life,if possible;

 Determine whether or not a crime was committed;
 Preserve the scene of the crime;
 If there are living person who witness the crime separate the person;
 Proper Documentation should be made (includes note taking, photographing, sketching and
interview of possible witness/es;
 Search, collecting, packing and preservation of evidence
 Transmittal of physical evidence, Chain of custody/possession, Storage etc;
 Additional information through interview/interrogation of victim, witnesses/suspect/s to the
crime.
 Preparation of offense report (Incident Report) which includes the facts known the investigator,
all actions taken and all the items of evidence seized/recovered.

Follow –up Investigation - an effort extended by the investigator in gathering further information
subsequent to the initial investigation report until the case is ready for prosecution.

 Read and be thoroughly conversant with the incident report in order to follow up leads and
begin considering other activities in discovering other leads/clues;
 View/verify all evidence and submit for laboratory examination;
 Re-interview witnesses/complaint to clarify information;
 Evaluate evidence, statements, laboratory findings and their legal implications.
 Employment of some modern and instrumental/specialized technique in gathering and
validating information;
 Positively identify, locate, trace and effect arrest of the suspect;
 Conduct thorough interview/interrogation based on the legal standards(R.A. 7438, R.A 9745,
Rules of Evidence)
 Attempt to recover stolen property/fruits of the crime; and
 Arranged everything in preparation for prosecution of the offense.

HOMICIDE INVESTIGATION

Homicide Investigation is the official inquiry made by the police on the facts and circumstances
surrounding the death of a person which is expected to be unlawful.

Crimes Against Person (RPC)

The term "crime against the person" usually refers to a crime which is committed by direct
physical harm or force being applied to another person. Fatal offences or Sexual offences.
  Art 246 .Parricide
 Art 247. Death/Serious Phy.Inj. Under Except. Cir.
 Art 248. Murder
 Art 249. Homicide
 Art 255. Infanticide
 Art 256 Intentional Abortion
 Art 257. Unintentional Abortion
 Art 258. Abortion practice by woman herself or her parents
 Art . 259 Abortion practice by physician or mid-wife and dispensing of Abortives.
 Art 260 - 261. Duel
 Art 266-A Rape

Responsibilities of a Homicide Investigator

When called upon to investigate violent death, he stands on the dead man’s shoes to produce his
instincts against those suspects.

The enthusiasm and intelligence the investigator brings in the case marks the difference between a
murderer being convicted and set free.

If he interprets a criminal death accidental or natural, a guilty person is set free.

Remember that the police is the first line of defense in the effective application of criminal justice.

Mistakes in the Homicide Investigation

 The mistakes of the homicide investigator cannot be corrected.

 The homicide investigator should not cross the three bridges which he burns behind him. It is
important that competent personnel adequately handle the case.

Three Bridges:

 The dead person has been moved

 The cadaver is embalmed
 The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:

 Corpus delicti or facts that crime was committed

 Method of operation of the suspect
 Identity of the guilty party

Title Eight

 CRIMES AGAINST PERSON

(Destruction of Life)
Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide. Parricide
(Latin: parricide, killer of parents or another close relative)

The relationship, except the spouse, must be in the direct line and not in the collateral line. Hence, if
father the killed his son and was assisted by his nephew , then father is guilty of parricide while the
nephew committed murder or homicide as case maybe.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

Elements:

That a person is killed.

That the deceased is killed by the accused.

That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse, of the accused.
Note: The relationship, except the spouse, must be in the direct line and not in the collateral line. Hence, if
father killed his son and was assisted by his nephew , then father is guilty of parricide while the nephew committed
murder or homicide as case maybe

What is the evidence needed to file a crime of Parricide?

1. Testimonial Evidence – Affidavit of complainant and

1. witnesses.
2. Documentary Evidence – photographs, videos, police
3. reports and other documents.
4. Object Evidence – weapon used and autopsy of slain
5. victims.
5. Other relevant evidence

Art. 247. Death or physical injuries inflicted under exceptional circumstances–

Any legally married person who, having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.

Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of
this article.
Penalty: Destierro(prohibition to enter the place or places designated in the sentence, nor within the
radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the
place designated.

Note: Crime of Passion- a crime committed because of very strong emotional feelings, especially
in connection with a sexual relationship

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another, shall
be guilty of murder and shall be punished by reclusion perpetua to death, if committed with any of the
following attendant circumstances:

1. With treachery (Alevosia), taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or
assault upon a railroad, fall of an airship, or by means of motor vehicles or with the use of any
other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:

1. That a person is killed.

2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
4. The killing is not parricide or infanticide.

TREACHERY

Plain and simple, there is treachery if the offended party was not given opportunity to make a
defense.

MEANING OF PREMEDITATION

Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a

design form to do something before it is done.

The essence of premeditation is that the execution of the criminal act must be preceded by
COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during the space
of time SUFFICIENT to arrive at a calm judgment.

There is no evident premeditation without proof of planning.

EVIDENT – Clear to the eye or judgment.