The General Principles of Investigation

MODULE 2
General Principles of
Investigation

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 The General Principles of Investigation

Definition of Investigation
It is the work of inquiring into something thoroughly and systematically.

Threefold Aim of Investigation

 To identify the guilty party
 To locate the guilty party
 To provide evidence of his guilt

Tools of Investigator in Gathering Facts

 Information
 Interrogation/ Interview
 Instrumentation

Information
A data gathered by an investigator from other persons, including the victim and
the following:
a. Public Records
b. Private Records
c. Modus Operandi File

Interrogation
A skillful questioning of hostile witness and suspects.

Interview
The process of eliciting information from witness and confidential informants.

The objective of the entire course of investigation is to arrive at the truth of the situation
specifically with the following:

 Provoke the guilty to confess

 Allows investigator to narrow down the list of suspected criminals
 To identify the facts and know the circumstances surrounding the crime
 To establish the identity of all those who are involved of the crime
 To gather information that would help locate physical evidence
 Gather information that would lead to hideouts, crime operations
organizations or individuals involved especially crimes involving drug
trafficking
 Gather information that could be used as reference for future investigation

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 The General Principles of Investigation

Instrumentation
a scientific examination of real evidence, application of instrument and methods
of physical sciences in detecting crime.

Important Principle in Crime Investigation

1. Thoroughness
The investigator is duty bound to gather all pieces of evidence to prove the guilt
of the suspect/accused beyond reasonable doubt. He should:
a. Establish corpus delicti or the fact that the crime has been committed;
b. Identify and associate/link the suspect to the crime as testified by reliable
witnesses supported by physical or object evidence;
c. The chain of custody of evidence and its connection to the suspect must be
shown in an orderly and logical fashion.

This completes the process of proof as described in the phrase “establishing the
elements of the offense”.

2. Legality

That the evidence should be gathered in the manner prescribed by the Constitution,
existing laws, jurisprudence rules and regulation such as:
a. 1987 Constitution
b. R. A. 7438
c. Rules on Criminal Procedure
d. Supreme Court ruling as “Just been committed” “fruits of poisonous tree” etc.

Basic Criminal Investigation Procedure

In investigative work, the investigation will rest on the capability of an investigator’s

adequate knowledge, skills and experiences about investigative techniques, methods,
procedures, rules and policies which include 5’ W’s and 1 H and must be able to answer
the following:
 WHAT offense has been committed?
 WHERE was the offense committed?
 WHO committed the offense?
 WHEN was the offense committed?
 WHY was the offense committed?
 HOW was the offense committed?
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 The General Principles of Investigation

Phases of Investigation

1. Identify guilty party

 Confession
 Eyewitness
 Circumstance Evidence
 Associative Evidence

2. Trace and locate criminal

3. Proved by the evidence the guilt of suspects

Standard Method of Recording Data

1. Photographs
2. Crime Scene Sketch
3. Written Notes
4. Developing and lifting Fingerprints
5. Gathering Physical Evidence
6. Plaster cast
7. Recording devices
8. Written statements of subject/s and witnesses

Kinds of Physical Evidence

1. Corpus Delicti- objects or substance which are essential parts of the body of the
crime.
2. Associative Evidence– it links the suspect to the crime scene or offense.
3. Trace Evidence – articles that can establish the physical contact of suspect with
the victim to probe his physical presence in the crime scene.
4. Indirect/circumstantial evidence – evidence which tends to incriminate a
person such as footprints found at the scene.

Scientific Examination of Real Evidence

The Crime Scene Search

Crime Scene- is the area surrounding the place where the crime occurred

1. Processing and Securing the Crime Scene- It includes the application of diligent
and careful methods by an investigator/ policeman to recognize, identify, preserve

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 The General Principles of Investigation

and collect facts and items of evidentiary value that may assist in the
reconstructing that which occurs.
2. Protecting the Crime Scene and the Evidence
Laboratory examination of objects and substances located usually at the crime
scene. Objects and substances needing examination in some cases are carried,
intentionally or unintentionally, by suspects from the crime scene.

Corpus Delicti (body of crime) – refers to the principle that it must be proven that a
crime has occurred before a person can be convicted of committing a crime.

- The basic element of fact of a crime, as in murder, the death of the murdered
person.
- The object, as the body of murdered person, upon which a crime has been
committed and that serves as evidence proving the crime was committed.
- The substance of a crime that the prosecutor must prove and that consist of an
injury or loss (as death of a victim or disappearance of property) and the criminal
act that resulted in it

INVESTIGATOR AND THE INVESTIGATIVE PROCESS

“The success of the investigation lies in the hands of the investigator.”

Investigator- someone who gathers, documents, and evaluates evidence and

information. This is accomplished through the process of investigation.

Objectives of Investigation

1. To establish that a crime was actually committed

2. To identify and apprehend the suspects
3. To recover stolen property
4. To assist in the prosecution of the person(s) charged with the crime

Types of Offenses

1. Crime – is the commission of any act that is prohibited or the omission of any
act that is required by the penal code
2. Felony- is any act punishable by imprisonment for a term of one year or more
by death

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 The General Principles of Investigation

3. Misdemeanor- lesser offenses that maybe punishable by a fine or

imprisonment of less than one year
4. Violation- punishable by fine only

Systematic Approach to an Investigation

1. Define the investigative problem

a. Know the reason of investigation
b. Know the particular phases of investigation
c. Know the origin of information
2. Collection of relevant data
a. Methods used in gathered info
b. Location of sources to the info
3. Analysis and verification of the information gathered
a. Data collected should be appropriate and accurate
b. Information supplied must be factual

Preliminary Investigation- is the action taken by the first officer/ first responder to arrive
at the crime scene after the detection and the report of the said crime. Usually, uniformed
patrol officers conducted preliminary investigation.

PRELIMINARY INVESTIGATION

P- roceed to the scene promptly and safely

R- ender assistance to the victim if any
E- ffect the arrest of the offender
L-ocate and identify the witnesses
I- nterview the complainant and witness
M- aintain the crime scene and the evidence
I- nterrogate the suspect / offender
N- ote all conditions, events and remarks
A- rrange for the collection of evidence
R- eport the incident fully and accurately
Y- ielf the responsibility to the follow-up investigation

Follow-up Investigation- the effort expanded by the police in gathering information

during the period between the initiation of the original report and the time the case is
ready for prosecution or closed.

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 The General Principles of Investigation

Types of Crime Scene

1. Primary Scene- the location where the initial offense has committed
2. Secondary Scene- the location of subsequent connected events

The Crime Scene

It is the location which a suspected criminal offense has occurred. It is considered
as the most important phase of the investigation. It focuses on the search of pieces of
evidence. Thus, these are very significance in the judicial process to obtain conviction.

Physical Evidence
It comprises all objects and materials in connection with the investigation that are
instrumental in discovering the facts. It can prove that the crime has been committed or
establish by element of the crime, establish the identity of the suspect, exonerate the
innocent, corroborate the victim’s testimony lead to admission or confession; more
reliable than the statement of witness; and provide useful information.

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