INTRODUCTION

TO
CRIMINAL INVESTIGATION
 Definition of Criminal Investigation

Criminal Investigation - it is the collection of facts

in order to accomplish the three-fold aims :
• to identify the guilty party;
• to locate the guilty party; and
• to provide evidence of his (suspect) guilt.
 
The Anatomy of Crime

OP
NT

PO
ME

RT
RU

UN
ST

IT
IN

Y
MOTIVE
• The Motive refers to the reason or cause why a person
or group of persons will perpetrate a crime.

• The Instrumentality is the means or implement

used in the commission of the crime.

• The Opportunity consists of the acts of omission and/or

commission by a person (the victim) which enables another
person or group of persons (the criminal/s) to perpetrate the
crime.
 Four (4) reasons why crime should be
investigated
 
1. Future deterrence of offenders

2. Deterrence to others

3. Community safety

4. Protection of the innocent

 Two (2) Types of Criminal
Investigation

1. Investigation while the suspect is under arrest

and detention; and
 
2. Investigation while the suspect is “at large”
(Meaning- not under arrest and detention, as
distinguished from: - “ fugitive from justice”)
 
 
Police Operation distinguished from Police
Investigation
 
• Police Operation is the implementation of anti-
criminality projects such as checkpoint, oplan
galugad, oplan sita, oplan bakal etc. and effect
arrest if it warrant.

(is a lawful clandestine intelligence and detective networking to gather

information and evidence to determine with certainty the commission of a
crime, the identity of the perpetrators thereof, and as may be necessary, to
arrest the culprits under those instances as authorized by law).
Police Operation distinguished from 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, is what is called POLICE
INVESTIGATION
 Phases of Investigations

Phase I - identify the suspect/s through

• Confession

• Eyewitness testimony

• Circumstantial evidence

• Associate evidence
 
 Phases of Investigations

Phase II - locate and apprehend suspect/s

• Surveillance

• Undercover Assignments

• Informants

 
Phase III - gather and provide evidence to establish the guilt of the accused
• The fact of the existence of the crime must be established
• The accused must be identified and associated with the crime scene

• Competent and credible witnesses must be available

• Physical evidence must be appropriately identified

 Tools of an Investigator

1. Information – Data gathered by an investigator

from other persons including the victim himself and
from:
• Public records
• Private records
• Modus Operandi file
 Tools of an Investigator

2. Interview – Skillful questioning of witnesses and

suspects.

3. Instrumentation – Scientific examination of real

evidence, application of instrument and methods of the
physical sciences in detecting crime.
 
 Investigator’s Notebook

Purpose:
• For future recall
• Many of the details associated with the investigation, while
not essential to report might become points of interest to
the court when brought to trial
• To record relevant details of the case
• The court allows the investigators to consult
their notes
 Investigator’s Notebook

Recording note:

• Data should be recorded in a complete, accurate and

legible
• Must be written in ink

• The top of each page should in the notebook should

bear investigator’s name, date and number
 Characteristics of an effective
investigator

• Intellectual characteristics – Investigator must

know the elements of crime understand and be able to
apply investigative techniques and be able to work with
many different types of people.
 Characteristics of an effective
investigator

• Psychological characteristics - Effective

investigators are emotionally well balance, detached,
inquisitive, suspecting, discerning, self-disciplined and
persevering.

• Physical characteristics - Effective investigators

are physically fit and have a good vision and hearing.
 Functions of the Investigator

• Provide emergency assistance

 If an injured person is on the scene, arrange for medical
attention, identification and removal

• Secure the crime scene

 Ensure its protection by using other policemen or other
responsible persons to keep witnesses, suspects and
victim(s) who are present from disturbing the scene
 Functions of the Investigator

• Photograph, videotape and sketch

 Supply the maximum information and to understand
how the crime was committed
 to visualize objects and scenes pertinent to the case

• Take notes
 Notes become permanent records in the case and have
the inherent integrity of records prepared in the
performance of official duties
 Functions of the Investigator

• Search for, obtain and process physical

evidence
 Collect physical evidence with adequate sampling
considering the quantity available at the crime scene and
the amount needed for the laboratory test

• Taking of Sworn Statements of Suspects

 The execution of a suspect’s “Waiver” as stipulated in
Art 125 of the RPC shall always be done in the presence
of his chosen counsel or any independent counsel.
 Functions of the Investigator

• Sworn Statement/s of the Witnesses

 Sworn Statement of Affidavit of complainant/s and
witnesses must be taken immediately by the investigator

 Affidavit of arrest of arresting officer must be taken

immediately not later than 24 hours

 In inquest cases, the investigator and the arresting

officer/s shall observe Art.125 of the Revised Penal Code
 Functions of the Investigator

• Preparation of Reports and Filing of Charges

 Spot Report within 3 hrs to Higher Headquarters

 Progress Report within 24 hrs

 Prosecutor’s office or court

 Final report after the case is filed before the

 After Operation Report/Accomplishment Report.

 Functions of the Investigator

• Follow-up of Case
 Conduct police operation to identify and apprehend
suspect/s based on the results of the initial investigation
conducted.

• Testify in court
 Ensure attendance during court hearings