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Additional Special Crime Notes

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16 views16 pages

Additional Special Crime Notes

Uploaded by

eyaaye04
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

SPECIAL CRIME INVESTIGATION 2014

ADDITIONAL REVIEW NOTES IN SPECIAL CRIME INVESTIGATION

SPECIAL CRIME INVESTIGATION


Deals with the study of major crimes based on the application of
special investigative techniques.
The study concentrates more on physical evidence; it’s collection,
handling, identification and preservation.
Close relationship between the investigator in the field and the
investigator in the laboratory- the Criminalist.

CRIME becomes special when the pattern and methods of its commission is
Heinous, bringing significant impact to the community’s prevailing peace and
order situation, whereby necessitating a special kind of investigation.

The constitution did not really define what heinous crimes are, but
they can be said to cover offenses that are exceedingly or flagrantly bad or evil
or those committed with extreme cruelty as to shock the general moral sense
of the public, such as crimes that are organized in operation like; Terrorism
linked murders, Homicide, Physical Injuries, KFR, Bank Robbery, Parricide,
Drug-Trafficking, Carnapping, Robbery with Homicide, Rape with Homicide,
crimes committed against children or defenseless people.

CRIMINAL INVESTIGATION - is an art which deals with the identity and


location of the offender and prove his guilt in a criminal proceeding.

ART - intuition, felicity of inspiration or by chance.

SCIENCE - adequate professional preparation and abundance of certain


qualities.

INVESTIGATOR - is the person who is charged with the duty of carrying out
the objectives of criminal investigation.

DUTY OF CRIMINAL INVESTIGATOR


Establish that, in fact, a crime was committed under the law.
Identify and apprehend the suspect.
To recover stolen property.
To assist the state in prosecuting the party charged with the
offense.
CRIME DETECTION, INVESTIGATION AND PREVENTION Additional
2014 SPECIAL CRIME INVESTIGATION
TOOLS IN CRIMINAL INVESTIGATION
1. INFORMATION - knowledge which the investigator gathers and
acquires from different sources.

Sources of Information
a. Person
b. Place
c. Things

Informant and Informer


 Incidental - no specific intention of imparting subsequent
information.
 Automatic - provide information by virtue of his official
function/duties.
 Casual - characterized by infrequent but continuous delivery of
information.
 Recruited- spotted, selected, cultivated and developed.
 Double-informant – person who provide information to opposing
visit or organization.
 Dual/Multiple - person who provide information to two or more
friendly organization.
 Intelligence Broker - person who provide information for fee.
 Paid Informant - same as intelligence broker.

2. INTERROGATION- this is the process of questioning witnesses


and suspect to obtain further information.

Kinds of Interrogation/Interview
a. Custodial
b. Tactical

Purposes of Interrogation
1. To obtain confession to the crime
2. To induce subject (suspect/witnesses) to make admission
3. To extract facts and circumstances surrounding the crime
4. To develop information which will lead to the recovery of the fruits
of the crime
5. To discover the details of other crime where suspect participated

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION


SPECIAL CRIME INVESTIGATION 2014
3. INSTRUMENTATION- application of instrument and methods of
physical science to the detection of crime. The sum total of all
sciences in crime-detection known as Criminalistics.

Various Ways in which Criminalistics is Useful to Criminal Investigation


 by supplying one or more missing link in the chain of evidences
 by strengthening a weak link, or links in the chain of evidence
 by checking the accuracy of the statement made by suspects
and/or witnesses
 by clearing out doubtful points in the preliminary stages of
investigation which may or may not be significant at a later stage

PHASES OF CRIMINAL INVESTIGATION


Identifying the criminal
Tracing, locating and arresting the criminal
Gathering facts and evidence to prove guilt in criminal proceeding

METHODS OF IDENTIFICATIONS OF CRIMINALS


Confession and Admission
Statement of witnesses
Circumstantial Evidence
Associative Evidence

A. CONFESSION- this is an expressed acknowledgement by the


accused in criminal cases of the truth of his guilt as to the crime. It
is the best means of identifying criminal.

Rules in Confession
Confession must be freely and voluntarily made
 Freely - when the speaking is so free from the influence affecting
the will of the accused at the same time the confession was made.
 Voluntarily – means that the accused speak of his free will and
accord, without inducement of any kind and with the full and
complete knowledge of the nature and consequences of the
confession.

B. BY EYE-WITNESS TESTIMONY - description made by


eyewitness

CRIME DETECTION, INVESTIGATION AND PREVENTION Additional


2014 SPECIAL CRIME INVESTIGATION
Methods of Identification made by Eyewitness
 Verbal Description - portrait parley vividly describing in words the
appearance of a person
 Photographic Files (rogues gallery)
 General Photograph - files of photograph in any given
establishment.
 Police Line-Up - selecting the suspect from a group of innocent
persons
 Cartography - the art of sketching the image of a person or the art
of making map
 Personal Appearance - is the verbal or physical description of the
appearance of an individual.

Bases of Physical Description of Physical Appearance


 Mug Shot
 Artist Drawing
 Composite Sketches
 Verbal description or Portrait Parley

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION


SPECIAL CRIME INVESTIGATION 2014
HOMICIDE INVESTIGATION
The official inquiry made by the police on the facts and
circumstances surrounding the death of the person which is
expected to be criminal or unlawful.

THE PRIMARY JOB OF THE INVESTIGATOR


 To discover whether an offense has been committed under the
law.
 To discover how it was committed.
 Who committed it and by whom it was committed.
 When it was committed.
 And under certain circumstances why it was committed.

MISTAKES IN HOMICIDE INVESTIGATION


The homicide investigator should not cross the three bridges,
which he burns behind him.
The 1st bridge is burned when the dead person has been
moved.
It is therefore necessary that photographs be taken,
measurements made, fingerprints taken and other
necessary tasks to be first carried out.

The second bridge is burned when the body is embalmed.


Embalming destroys traces of alcohol and several
kinds of poison. If poisoning is suspected, the internal
organs should be removed.

The third bridge is burned when the body is burned or


cremated. Cremation destroys body itself.

THE MEDICO-LEGAL AUTOPSY


The real beginning of any homicide investigation should be to
establish the cause of death accurately.
An autopsy should be performed at once when there is the
slightest reason to suspect the probability of homicide.
In general, it maybe stated that death has been caused by
violence, an autopsy is always performed unless there is adequate
proof to the contrary.

NECROPSY REPORT - It is a document stating the cause of death of the


victim. This is the medico-legal report.
CRIME DETECTION, INVESTIGATION AND PREVENTION Additional
2014 SPECIAL CRIME INVESTIGATION
THE FACTS OF DEATH
The first action of an investigator upon arriving at the crime scene
of the homicide is the verification of death.
An individual is said to be dead in the medical sense when one of
the three vital function is no longer performing within the body:
Respiratory System
Cardiac Activity
Central Nervous System Activity

The identification of homicide victim is an important investigative step for


the following reasons:
 It provides an important basis for the investigation processes.
 The identity of the dead person provides the focal point/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
Skeletal Studies
Visual Inspection
Personal Effects
Tattoo and Scars
Dental Evidences (Forensic Odontology)
Clothing
Photographs

INVESTIGATIVE LEADS
Establishment of Motive to the killing
Victims Background
Modus Operandi
Informants
Benefits
Opportunity
Knowledge
 Approximate time of death
 Fingernail Scrapings
 Signs of Struggle

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION


SPECIAL CRIME INVESTIGATION 2014
ROBBERY AND THEFT INVESTIGATION

Robbery (Article 293)

Who are guilty of robbery – Any person who, with intent to gain, shall take
any personal property belonging to another, by means of violence or
intimidation of any person, or using force upon anything shall be guilty of
robbery.

Elements of Robbery
Unlawful taking of personal property
The property must belong to another
The taking is done with violence against an intimidation of any
person of force upon things
The taking is with intent to gain

 Article 294 – Robbery with violence or intimidation of persons.


 Article 295 – Robbery with physical injuries committed in an uninhabited
place and by band or the use of firearm on a street.
 Article 297 – Attempted and frustrated robbery committed under certain
circumstances.
 Article 298 – Execution of deeds by means of violence or intimidation.
 Article 299 – Robbery in an inhabited house or public building or edifice
devoted to worship.
 Article 302 – Robbery in an uninhabited place or in a private building.
 Article 303 – Robbery of cereals, fruits or firewood in uninhabited place
or private building.

THE TARGETS IN ROBBERIES


Victim
 alone
 in the company of two or three
 in the company of four or more persons

Residence
 one family
 multi family
 motel – hotel (robbery of guest)
 garage ( or other residence – occupancy shed or
structure)

CRIME DETECTION, INVESTIGATION AND PREVENTION Additional


2014 SPECIAL CRIME INVESTIGATION
Street and Highways
 Sidewalk
 Roadway
 Alley
 Publicly accessible area ( parks, parking lot,
entranceway)
 Over and under pass
 Highways

Commercial (Non-Residence)
 Bank
 Business office or off-street retail sales outlet (loan
companies, pawnshops, jewelry store, etc.)
 Markets
 Liquor stores
 Other retail outlets
 Motel-hotel (robbery of manager/owner)
 Taverns (restaurants, bars, cafes)
 Delivery services (chicken, pizza, etc.)
 Drive-ins
 Service stations

Vehicles
 Taxis
 Bus
 Trailer
 Passenger jeepney
 Victims personal car

Vessels
 Inter-island (passenger)
 Cargo
 Ferry
 Tugboats

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION


SPECIAL CRIME INVESTIGATION 2014
STYLE AND TACTICS IN ROBBERY CASES
Robbery has been categorized as having three styles:
1. The Ambush – is the least planned of all and is based on the
element of surprise.
2. The Selective Raid – involves a minimum of planning but some
casing of the robbery scene.
3. The Planned Operation – is carefully structured and the robbery
group examines all aspects of the situation, plans for all
foreseeable contingencies.

TYPES OF ROBBERS
 Amateurs – motivated by greed, want, the desire for a thrill, or
need for self-testing.
 Professionals – are described as those persons who worked at
robbery as a trade making it their living and having no other means
of income.

TECHNIQUE COMMONLY EMPLOYED BY ROBBERS – MEANS OF ENTRY


 The open door or window entry
 The jimmy entry
 The celluloid entry
 Roof entry
 The cut-in entry
 Key entry

PHYSICAL EVIDENCE TO BE COLLECTED


Footprints
Fingerprints
Clothing
Tool marks
Tools
Cords and ropes use
Firearms use
Get-away vehicle

CRIME DETECTION, INVESTIGATION AND PREVENTION Additional


2014 SPECIAL CRIME INVESTIGATION
INVESTIGATIVE TECHNIQUES IN ROBBERY CASES
Determine the point of entrance and point of exit by the
perpetrator.
Determine the value of stolen articles.
The full and detailed description of the stolen articles.
Gather physical evidence.
Determine the modus operandi of the perpetrator as it would give
leads in the identification and arrest of the suspect.
Full and detailed description of a get-away vehicle if any, or vessel,
boat in cases of piracy.
Coordinate with other law enforcement agencies.
Exploit investigative leads (discuss earlier on this note).
Written testimony of the complainant witnesses.
Traces at the scene of a crime which will serve to identify the
offender.
Develop informants in the local underworld.
Conduct surveillance of known burglars to ascertain if they are
presently committing robbery.

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION


SPECIAL CRIME INVESTIGATION 2014
GOVERNMENT’S RESPONSE TO HEINOUS CRIMES
PNP DIDM: SOP # 02-2011
Provides for the mandate as inherent functions of all unit
Commanders to activate
SPECIAL INVESTIGATION TASK GROUP (SITG) in the event of
sensational incident.

RATIONALITY OF SITG
 Violent crimes that attracts media attention and public scrutiny.
 The Chief PNP himself noted the lack of focus on the conduct of
investigation.
 The SITG would help ensure that there will be full-time
investigators to handle the case and that a record/case
management system will be in place.
 SITG shall conduct aggressive, concerted and sustainable
programs of action through strengthening the coordinating
system among the members of PNP, DOJ and other law
enforcement agencies in order to properly investigate.

CRIME DETECTION, INVESTIGATION AND PREVENTION Additional


2014 SPECIAL CRIME INVESTIGATION
GENERAL OPERATIONAL PROCEDURES

A. INITIAL ACTIONS
SITG shall immediately validate and confirm the
affiliations of the victims.
Conduct press releases on a daily basis.
Establish an On-Scene Command Post (OSCP) by
putting up a tent or similar structures or deploying a
Mobile Investigation Van (if available) at/or near the
crime scene and shall ensure the presence/availability
of the SITG Commander all the time.
The On-scene Command Post (OSCP) shall be
utilized by the SITG to conduct on-scene or on-
the-ground investigation.
The tent or van OSCP shall be marked appropriately
as "PNP On - Scene Command Post" and shall
also be posted with the mobile phone or contact
numbers of the SITG Commander,
Deputy/TGC/investigator-on-case.
The OSCP shall be maintained for as long as
necessary and shall only be deactivated or
transferred with the clearance and approval of the
Regional Director.
The Police Station which has jurisdictions over the
area shall be utilized as alternate on-scene
command post of the SITG.

B. FOLLOW-UP ACTIONS
Follow-up efforts must give special focus to
ascertaining/establishing motive.
During follow-up operations, SITG shall conduct
profiling of victims, suspects and witnesses.
Conduct link/matrix analysis and exploit evidence
information.
The SITG shall as much as possible, hold paramount
the convenience of witnesses when requesting for
their testimonial evidence.

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION


SPECIAL CRIME INVESTIGATION 2014
DUTIES AND RESPONSIBILITIES OF SITG INVESTIGATORS
a. Members of Investigation Team shall strictly observe the chain of
custody of evidence and flow of communications.
b. Members of SITG shall conduct case conferences with DOJ and
other concerned agencies to resolve the issues under investigation
in order to strengthen the case.
c. Investigator on-case with the members of SITG shall initiate case
build-up and follow-up investigation.
d. Investigator on-case shall consolidate all the forensic results,
testimonial documents and investigation report as well as the
compliances of the members of SITG.
e. Investigator on-case shall initiate the crime matrix analysis in
coordination with all members of SITG.
f. Investigator on-case shall initiate the preparation of case folder
with the assistance of other members of SITG.
g. Investigator on-case shall file the case before the court of proper
jurisdiction.
h. The Task group Commander shall conduct case review as
necessary.
i. All the case folders including pertinent documents must be kept
by the case record officers and copy furnish the evidence
custodian of the local police station.
j. In case the investigator in-charge is dismissed or retired or
separated from the service, all remaining members of
investigation team shall be responsible in court presentation of
the case.
k. Investigator on-case and other members of investigation team
shall conduct case tracking until the final disposition of the
case.

CRIME DETECTION, INVESTIGATION AND PREVENTION Additional


2014 SPECIAL CRIME INVESTIGATION
GENERAL INVESTIGATIVE PROCEDURES

UPON RECEIPT OF CALL/WALK-IN COMPLAINANTS, Duty


Desk Officer shall:
a. Record the time it was reported
b. Get the identity of the caller/complainant
c. Get the place of incident
d. Get the nature of the incident
e. Get the number of victims
f. Record a brief synopsis of the incident
g. Direct the nearest car/beat patrollers to act as first
responders'
h. Inform the duty investigator

AT THE CRIME SCENE


A. If in serious condition
a. Bring the victim immediately to the nearest hospital
b. Photograph and make a sketch of the victim(if the
victim is dead)
c. Get the dying declaration; if necessary (ask 3
questions)
 Ano ang pangalan mo?
 Kilala mo ba ang gumawa nito sayo?
 Sa pakiramdam mo ba ikamamatay mo
ang tinamo mong sugat?
Note: Other members of the first responders shall remain at the crime scene to
secure the area and crowd control.

B. If Not in Serious Condition


a. Bring the victim immediately to the nearest hospital
b. Get the identity and other data of the victim
c. Get initial interview to the victim

C. If the suspect is arrested at the scene


a. Get the of the persons who turned-over or arrested
the suspect names
b. Isolate the arrested suspect from the witnesses
c. Record what time the suspect was arrested
d. Wait the investigator to interview the suspect
e. If the suspect volunteer to give statement take note of
the time, location and circumstances of the statement
Additional CRIME DETECTION, INVESTIGATION AND PREVENTION
SPECIAL CRIME INVESTIGATION 2014
INVESTIGATION PROCEDURE AT THE CRIME SCENE
a. Up on arrival at the crime scene
1. Receive the crime scene from the first responder.
2. Record T/D of arrival at the scene, location, weather
condition, condition and type of lighting, direction of
wind and wind visibility.
3. Photograph and video the crime scene.
4. Put a surgical globe.
5. Before removing the victim, mark, sketch and
photograph.
6. Permit only authorized person to enter.
7. Identify and retain for questioning the person who first
notified the police.
8. Arrest the suspect if he is still at crime scene.
9. Separate witness in order to get independent
statement.

RECORDING
Golden Rule: Do not touch, alter remove anything at the crime
scene until the evidence has been processed through notes,
sketches and photograph.

SEARCHING FOR EVIDENCE

COLLECTION OF EVIDENCE
a. Firearms found with tampered serial number shall be
subjected to macro etching at the PNP CL.
b. Verification to the FED shall be made.
c. Initials of the investigator, date and time of the discovery.

MARKING OF EVIDENCE
a. Exhibit case number
b. Initials and or signature of the collecting officer
c. Time and date of collection

PRESERVATION OF EVIDENCE

RELEASING OF EVIDENCE
a. Released of evidence must be upon order of the court or the
prosecutor.

CRIME DETECTION, INVESTIGATION AND PREVENTION Additional


2014 SPECIAL CRIME INVESTIGATION
Chain of Custody (Change of Possession) - A list of all persons who came
into possession of an item of evidence, must be established when the evidence
presented in court.

METHODS OF CRIME SCENE SEARCH


a. Strip Method
b. Double Strip Method or Grid Method-modification of Strip
method
c. Spiral search
d. Zone Search
e. Wheel method

SOCO ASSISTANCE
1. Significant Cases
a. Bombing
b. Terrorist activities
c. Raids, ambuscades, liquidation
d. KFR case
e. Armed robbery of banks
f. Calamity
g. Massacre

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

Additional CRIME DETECTION, INVESTIGATION AND PREVENTION

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