SPECIAL CRIME

INVESTIGATION
With Simulation on Interview
and Interrogation

Prepared by:
Conag,
Reymark
Hilaga, Alvin
Caminade,
Cyrel
 CHAPTER I
INTRODUCTION

UNIT l: INTRODUCTION
• By virtue of CMO 05 series of 201 8, this course gives us a new concept about
investigation. It incorporates three main sub-topics such as; simulation, interview and
interrogation. These methodologies are to be applied in the investigation of special
crimes.

• Special crime by operational definition simply implies that these crimes are special since
they are within the purview of the Revised Penal Code instead these are provided by
special laws. In this note it is therefore a must to<understand the pros and cons of
special crimes and this author submit to the reading public his conceptual view of special
crimes.
• Special situation requires also special approach to deal with the situation. In a like manner
special laws which are outside the ordinary require special approach to deal with. So in this
text the author will be dealing on several concepts of criminalities where it is not so
common to the people's understanding. This author may define these extraordinary crimes
as "white collar crimes" where those who commits the act does not even consider
themselves as criminals but as regular businessmen or entrepreneurs.

• The author also endeavours to give backgrounds of these special crimes by categorizing the
subjects into; Organized Crime, Transnational Crimes, Political Ideological Crimes, Religion
Related crimes, Terrorism and Corporate Crimes. These crimes require certain degree of
specialization in the conduct of investigation since perpetrators are so cunning with very
high degree of mastery in their operations.

• Hence, special crime investigation deals particularly on crimes without crime scene. Since it
hag no crime scene the investigation will need to start with case build up.
THE CONCEPT OF SPECIAL CRIME INVESTIGATION
• Understanding on how to investigate special crimes there is a need for us to first have a
glimpse on the development and interconnection of international laws to local laws since
these are of value in the investigation of special crimes because of its nature that are
commonly Transnational.

• International criminal law is a body of public international law designed to prohibit

certain categories of conduct commonly viewed as serious atrocities and to make
perpetrators of such conduct criminally accountable for their perpetration. The core
crimes under international law are genocide, war crimes, crimes against humanity, and
the crime of aggression. This article also discusses crimes against international law, which
may not be part of the body of international criminal law.

• “Classical” international law governs the relationships, rights, and responsibilities of

states. Criminal law generally deals with prohibitions addressed to individuals, and penal
sanctions for violation of those prohibition imposed by individual states. International
criminal law comprises elements of both in that although ifs sources are those of
international law, its consequences are penal sanctions imposed on individuals.
• Transnational Crimes are crimes that have actual or potential effect across national borders
and crimes that are intrastate but offend fundamental values of the international
community. The term is commonly used in the law enforcement and academic communities.
Transnational organized crime (TOC) refers specifically to transnational crime carried out
by crime organizations.

• The word transnational describes crimes that are not only international (that is, crimes that
cross borders between countries), but crimes that by their nature involve cross-border
transference as an essential part of the criminal activity. Transnational crimes also include
crimes that take place in one country, but their consequences significantly affect another
country and transit countries may also be involved. Examples of transnational crimes
include: human trafficking, people smuggling, smuggling/trafficking of goods such as arms
trafficking and drug trafficking and illegal animal and plant products and other goods
prohibited on environmental grounds (e.g. banned ozone depleting substances), sex slavery,
terrorism offences, torture and apartheid. )
• Transnational crimes may also be crimes of customary international law or
international crimes when committed in certain circumstances. For example,
they may in certain situations constitute crimes against humanity. (Wikipedia
free dictionary)

• These are just but an example of crimes of special nature, how of investigate
such is the present challenge tor future law enforcers. Understanding its
concepts and giving definitions are also the challenges for modern
criminologists.
RELATED TERMINOLOGIES OPERATIONALLY DEFINED

A. Special crime refers to crimes outside of the Revised Penal code; these are defined by special
criminal laws anchored on the definitions provided by United Nations and the International
Laws. However domestic definitions are also governing when the crime is specific to a certain
state or nation.

B. Organized crime is a category of transnational, national, or local groupings of highly

centralized enterprises run by criminals who intend to engage in illegal activity, most
commonly for profit. Some criminal organizations, such as terrorist groups, are politically
motivated.

C. Transnational crime are crimes that have actual or potential effect across national borders and
crimes that are intrastate but offend fundamental values of the international community. The
term is commonly used in the law enforcement and academic communities. Transnational
organized crime (TOC) refers specifically to transnational crime carried out by crime
organizations.
D. Political ideological crimes In criminology, a political crime or political offense is an offense
involving overt acts or omissions (where there is a duty of act), which prejudice the interests
of the state, its government, or the political system. It is 10 be distinguished from state crime,
in which it is the state that break both their own criminal laws Or public international law.

The states will define political crimes of any behaviour perceived as a threat, real or
imagined. To the state’s survival, including both violent and non-violent oppositional crimes. A
consequence of such criminalization may be that a range of human rights, civil rights, and
freedoms are curtailed, and conduct which would not normally be considered criminal per se (in
other words, that is not anti-social according to those who engage in it) is criminalized at the
convenience of the group holding power.

Thus, there may be a question of the morality of a law which simply criminalizes ordinary
political dissent, even though the majority of those who support the current regime may consider
criminalization of politically motivated behaviour an acceptable response when the offender is
driven by more extreme political, ideological, religious or other beliefs.
E. Religious related crimes where there is no clear separation between the state and the
prevailing religion; the edicts of the church may be codified as law and enforced by
the secular policing and judicial authorities. This is a highly functionalist mechanism
for enforcing conformity in all aspects of cultural life and the use of the label “crime”
adds an extra layer of stigma to those convicted.

F. Corporate crimes n criminology, corporate crime refers to crimes committed either by

a corporation (i.e., A business entity having a separate legal personality from the
natural persons that manage its activities), or by individuals acting on behalf of a
corporation or other business entity.

G. White collar crimes, crime that typically involves stealing money from a company and
that is done by people who have important positions in the company: crime
committed by white-collar workers embezzlement is a white-collar crime.

H. Professional crimes committed by persons for whom criminally punishable acts are a
permanent occupation and the primary source of money. Persons who engage in
professional crime have the skills and means necessary for criminal activity and
specialize in some particular type of crime, such as theft or swindling.
I. Case build up refers to the process of gathering – interrelated evidences against someone who
violated the law such that there will be a basis for prosecution.

J. Cognitive interview techniques by the word cognitive mean the use of the mental faculty of
persuading someone to tell the truth without any element of compulsion.

K. Scientific interrogation refers to a procedural means of conducting an inquiry in relation to q

case for future court evidence. Scientific processes presuppose tested methodologies that are
commonly employed in investigation provided it will not violate the right of the subject.

L. Terrorism – People convicted or suspected of certain crimes classified as terrorism by the

government of their country (or some foreign countries) rejects that classification. They
consider that their fight is a legitimate one using legitimate means, and thus their crimes
should be more appropriately called political crimes and justify special treatment in the penal
system (as if they were soldiers in a war and therefore covered by the Geneva Convention).
States tend to consider the political nature of the crimes an aggravating factor in the
sentencing process and make no distinction between the terrorists and “ordinary” offenders,
e.g. the convicted murderers of Action Directed consider themselves political prisoners.
• What is special crime - commonly considered as crime without crime scene such as corporate crime. Its
Commission is not physically inflicted but by the use of strategies that are conceived by the mind. It is different
with sensational crime such that the latter displays public affection on the matter. It is gruesome in some degree
that it affects the emotion of the public and raise public concerns.

WHO COMMITTED SPECIAL CRIMES — usually perpetrated by “ ORGANIZED CRIME GROUPS” (in the
Philippines) Such as:

A. The Notable criminally-active gangs in the Philippines include:

 Aludig-Boys
 Akyat-Bahay
 Gang Bahala Na Gang
 BUdol-Budol Gang
 Dugo-Dugo Gang
 Kuratong Baleleng
 Martilyo Gang
 Salisi Gang
 Zesto Gang
 Satanas (gang}
B. With the exceptions of organized crime groups in the Upper class which up to
present lacks definition due to dearth of researches conducted to give meaning and
definitions of these groups. These gangs maybe organized but their crimes are just
petty since it involves harmful attacks to each other and are confined only on overt
street crimes. The challenges here are for us to give definition to the upper class
criminal groups which are proven to more destructive than these small gangs.
These organized group in the upper class are involved in the perpetration of the
following white collar crimes, such as;

1. Money laundering

2. Corruption

3. Malversation and the likes

If we are to assess, which are more pervasive the street gangs or the so called men in
robes.
 UNIT 2. CONCEPTS OF ORGANIZED CRIME
• Organized crime is a category of transnational, national, or local groupings of highly
centralized enterprises run by criminals who intend to engage in illegal activity, most
commonly for profit. Some criminal organizations, such as terrorist groups, are politically
motivated.
• How committed and scope of operations- organized crimes groups operates transnationally and are
committed for purposes of gaining profit with the element of illegality. It consists of corruptions to
bribery motivated by the hunger of power and authority. In terms of economic crimes, it is perpetrated
for accumulating gigantic profit to the suffering of others.
ORGANIZED CRIME
• A complex set of people and functions interrelated in hierarchical structure specifically for the purpose of
attaining set goals.
• A system of crime in which a group of individuals create and maintain a corporate-like organization, its
members having _ individually-recognized responsibilities and obligations.
• The crimes in the modern world represent the latest and the most dangerous manifestations of the
something-for-nothing complex problems of society and this includes ORGANIZED CRIMES.
• Organized crime or criminal organizations is a transnational grouping of highly centralize enterprises run by
criminals for the purpose engaging in illegal activity, most commonly for the purpose of generating a
monetary profit.
• A criminal activity by an enduring structure of organization developed and devoted primarily the pursuit of
profits through illegal means.

Organized crime is a non-ideological enterprise involving a number of persons in close social

interaction, organized on a hierarchical basis, with at least three levels/ranks, for the purpose of
securing profit and power by engaging in illegal and legal activities.
• Positions in the hierarchy and positions involving functional
specialization may be assigned on the basis of kinship or friendship, or
rationally assigned according to skill. The positions are not dependent on
the individuals occupying them at any particular time.
• Permanency is assumed by the members who strive to keep the
enterprise integral and active in pursuit of its goals. If eschews
competition and strives for monopoly on an industry or territorial basis.
There is a willingness to use violence and/or bribery to achieve ends or
to maintain discipline. Membership is restricted, although non-members
may be involved on a contingency basis. There are explicit rules, oral or
written, which are oot ay by sanctions that include murder. (Abadinsky,
1990)
• Although there is no generally accepted definition of organized crime – indeed, the Federal Organized
Crime Control Act of 1970 fails to define organized crime (…) – a number of attributes have been
identified by law enforcement agencies and researchers as indicative of the phenomenon. Offering
these attributes has a practical dimension: the attributes provide a basis for determining if a particular
group of criminals constitutes organized crime and, therefore, needs to be approached in a way
different from the way one would approach terrorists or groups of conventional criminals. Organized
crime:

1. Has no political goals

2. Is hierarchical

3. Has a limited or exclusive membership

4. Constitutes a unique sub culture

5. Perpetuates itself

6. Exhibits a willingness to use illegal violence

7. Is Monopolistic

8. Is governed by explicit rules and regulations (Abadinsky, 2010: 3)

Example:

• Are those referred to as the MOB, MAFIA SYNDICATE or the COSA NOSTRA which are known as the
ENEMY WITHIN, THE SECOND GOVERNMENT THE FIFTH STATE OR CRIME CONFEDERATION.

• COSA NOSTRA-Literally — “ONE THING”

• Use to signify organized crimes.

Attributes of organized crime groups

1. It is hierarchal
2. It is monopolistic
3. It perpetuates itself
4. It has no political goal
5. Its constitutes a Unique culture
6. It has limited and exclusive membership
7. It is governed by explicit rules and regulations
8. It demonstrates specialization or division of labour.
9. It exhibits a willingness to use illegal violence and bribery.
The Boss oversees all organizational endeavors and has the final word on decisions involving virtually all
aspects of family business. Bosses are typically older members of the family who have proven their
allegiance over a number of years during their affiliation with the family.

The Consigliere is a close associate of the boss who enjoys a considerable amount of influence and
status in the family, serving the boss as a trusted advisor.

The Underboss works at the pleasure of the boss and acts on his behalf when the boss is incapacitated
(e.g., sentenced to prison, becomes ill, etc.).

Underbosses are also trusted, older members of the family whose primary role is to relay
instructions to those occupying lower positions in the family.

The Capos are a sort of mid-level manager. One of the Primary roles of the capo is to serve as a buffer
between the lowest level members and the Upper level members of the family. In doing so, the capo is the
trusted go. Between through which all communications flow from the boss to the lowest-level members.

Soldiers are lowest level members of the family, also known as “wise guys,” “made guys” or “button men,”
who report directly to the capo and will often operate at least one specific criminal enterprise.
• ORGANIZED SYNDICATED GROUP – A profit-motivated, and highly-capable group of persons or an
enterprise, organized to undertake widespread, regular or long term, large-scale, high-profile and
diversified criminal actives that has impact to the economy and national security.

• CRIMINAL GANG – A group of two or more persons who have a common identifying signs/symbols,
and whose members, individually or collectively, engage in or have a pattern of criminal activity,
creating an atmosphere of fear and intimidation within the community or a specific area, using
violence and intimidation.

TRADTIONAL NOTIONS ABOUT ORGANIZED CRIME

1. A series of interconnected mutually beneficial relationships to further criminal activities so that

money and power can be maximized to every extent possible. Material gain is the primary goal of the
operations.

2. Consists of an enforced hierarchical structure, in which efforts are directed toward conspiratorial
activities of an ongoing nature. Involves the coordination of an organizational structure and
associated personnel. Utilizes effective Means of controlling and disciplining its members.
3. Involved in a number of profit making operations, from basic illegal “business” activities such as
Gambling, prostitution, adult entertainment, to more complex activities such as money laundering
and computer crimes.

4. Various levels of the threat of violence to actual violence are employed in order to ensure objectives
are obtained.

5. Organized crime is not to be confused with terrorist activities, for which the goal of action is
primarily political in nature. However, the types of crimes committed, organizational structure and
tactics against others may be similar in nature.

6. Serious effort is directed toward organizational maintenance, cash flow, personnel discipline and
ongoing “business” operations.

7. It seeks to be immune from the reaches of legitimate lawful authority.

8. Various activities generally include : gambling, loan sharking, drugs, prostitution, various forms of
adult oriented entrainment, extortion, bribery, embezzlement, fraud, fencing activities, union
operations, auto theft, cargo theft, credit card crimes, vending machines, trash collection and waste
disposal, other smuggling activities, etc.

9. Key aspects: structure, profit continuity, monopoly, relative immunity, power and control
HOW THE ORGANIZED CRIME GROUPS WORKS?

In an organized crime family, it works in this manner to maintain coordination and loyalty.

A. An ENFORCER — one who makes arrangements for killing and injuring the members or non-
members.

B. A CORRUPTER — One who bribes, buys, intimidates threatens, negotiates and sweet talks into a
relationship with the police, public officials or any else who might help the members security and
maintain immunity from arrest, prosecution and punishment.

C. A CORRUPTEE – a public official, usually not a member of the organization family, who can wield
influence on behalf of the organization’s interest.
 CHARACTERISTICS OF ORGANIZED CRIMES

1. It is A Conspiracy activity involving coordination of members.

2. Economic gain is the primary goal.

3. Economic gain is achieved through illegal means.

4. Employs predatory tactics such as intimidation, violence and corruption.

5. Effective Control over members, associates, and victims.

6. Organized crime does not. Include terrorist dedicated to political change.

 GENERIC TYPES OF ORGANIZED CRIMES

1. POLITICAL GRAFT — manned by political criminals who use force or violence of a means to obtain profit or
gain or achieving political aim. E.g. vote buying, private armies

2. THE MERCENARY/PREDATORY O.C. —_ crimes committed by groups for direct personal profit but they
prey upon unwilling victims.

3. IN-GROUP ORIENTED O.C, — groups manned by semi organized individuals whose major goals are for
psychological gratification such as adolescent gangs.

4. SYNDICATED CRIME – illicit activity through use of force, threat and intimidation.
ESSENTIAL COMPOSITION OF ORGANIZED CRIME

• PROFESSIONAL CRIMES — refers to occupations or their incumbents which possesses various traits
including useful Knowledge that requires lengthy training, service orientation and code of ethics that
permits occupations to attempt to obtain autonomy and independence with high prestige and
remuneration.

CHARACTERISITICS OF PROFESSIONAL CRIMES

1. Crime is a sole means of livelihood.

2. Careful planning, and reliance upon technical Skills and methods.

3. Offenders are of migratory life style.

4. The groups have shared sense of belongingness, rules, codes of behaviour and mutual specialized
language.

WHITE COLLAR CRIMES as committed by organized crime groups

Committed by a person of respectability and high social status in the course of his/her occupation.
FORMS OF WHITE COLLAR CRIMES

1. Corporate crimes- violation of a corporate statute either by a corporate entity or by its executives,
employees or agents, acting on behalf of and for the benefit of the corporation, partnership or, other
business entity.

2. Environmental crimes — damage some protected or otherwise significant aspect of the natural
environment.

3. Occupational crimes - any act punishable by law which is committed through opportunity created
in the course of an occupation that is legal.

Occupational Crime Classification

1. Organizational - crimes committed for the benefit for the entire organization in such instances only
the organization/employer and not individual employees.

2. State authority — crimes by officials through the exercise of their state based authority.

3. Professional — crimes by professionals in the} capacity as professionals.

4. Individual — by individuals…employees
Occupational crimes also refer to:
1. White collar crime
2. Avocational-does not think of himself as a criminal
3. Corporate
4. Economic – deceit, misrepresentation, concealment
5. Organizational – seriously harm employees/ general public
6. Upper-world crime — due to positions

CATEGORIES OF ORGANIZED CRIME BEHAVIOR

FIVE LEVELS OF ORGANIZATION

1. The criminal group – The criminal group represents the criminal core of organized crime

2. The protectors – include corrupt public officials, business people, judges, attorneys, financial
advisers, and others who protect the interests of the criminal group.
3. Specialized support – includes persons who provide contract services that facilitate organized
crime activities, such as pilots, chemists, arsonists, and smugglers.

4. User support – provides the criminal group with their Consumer market: persons who purchase
organized crime’s illegal goods and services, such as drug users, patrons of bookmakers and
prostitution rings, and people who knowingly purchase stolen goods.

5. Social support – involves persons and organizations who create a perception of legitimacy for
organized crime. Examples include politicians who solicit the support of organized crime figures,
business leaders who do business with organized crime, social and community leaders who invite
organized crime figures to social gatherings, and those who portray organized crime or its members
in a favourable light.

MODELS OF ORGANIZED CRIME

• The Alien Conspiracy Theory – According to the Alien Conspiracy theory, organized crime (the Mafia)
gained prominence during the 1860s in Sicily and is currently made up of 25 or so Italian-dominated
crime families, calling themselves the La Cosa Nostra. These families are comprised of members known
as “wise guys” or “made men’ and are collectively about 1,700 members strong. Families are thought to
control well-defined geographic areas and specific criminal enterprises.
• Cressey’s Cosa Nostra Model - Donald Cressey (1967) describes a model of organized crime
in which a rigid “bureaucratic” structure exists. The primary unit of the Cosa Nostra is the
family, which embodies male members of Italian ancesiry. The family is protected by a code
of conduct for members which prohibits them from revealing organizational secrets and
from which violations of the rule can result in violence against the offender. Cressey has
suggested that a hierarchy

Exists within the Mafia. Included in the hierarchy are the following persons: the boss,
the consigliere, the Underboss, the caporegime, and the Soldiers The Boss oversees all
organizational endeavors and has the final word on decisions involving virtually all aspects of
family business. Bosses are typically older members of the family who have proven their
allegiance over a nUMber of years during their affiliation with the family.

• Albini’s “patron-client model” - Represented by the works of Joe Albini (1971) and Francis
and Liz lanni (1972), reconceptualizes the Cosa Nostra as a web of asymmetric ties
embedded in local or ethnic networks. Consists of a series of patron-client relationships.
Those with the most power can provide the most service. characterized by conflict.
• Smith’s “enterprise model” - Proposed by Dwight C. Smith (1980), centers around economic activities
and the primacy of market forces over group structures. Dwight Smith (1990) criticizes Cressey’s view
of organized crime by suggesting that in Understanding only Italian American crime families, one
Understands only part of the problem – and not necessarily the most important part. Smith calls this
the “Mafia mystique,” which was primarily created by the media and law enforcement agencies.
Regarding the arrests and prosecutions of Italian organized criminal.

• Haller’s Partnership Model - Mark Haller concurs with the idea of organized crime as being a set of
hierarchically organized gangs. This can be expanded upon further by equating the gangs to separate
firms in collusion with each other. He views joining a crime syndicate as being similar to joining a
college alumni association or the Chamber of Commerce. It is a way for businessmen to network and
make contacts that might help them in their future business endeavors, legal or not. Those who are
beginners look for more experienced mentors who might pass opportunities on to them while more
mature businessmen come to find reliable potential partners and to exchange vital information which
can help them in future business decisions. From an economic viewpoint, being a part of this exclusive
society minimizes search costs (for partners and possible business deals] and maximizes expected
benefits from future market transactions for both the established criminals and for the budding
entrepreneur who wishes to be involved in an organized crime syndicate. For the inexperienced, blood
and ethnic ties, although beneficial, are no longer requirements.
SMALL SCALE, TRADITIONAL AND NON-TRADITIONAL ORGANIZED CRIME

• Small Scale Organized Crime —not affiliated with “traditional organized crime” families of the
historical variety, but remain as organized criminal groups.

• Traditional Organized Crime –related to historical processes and linkages that reflect early
immigration into the U.S.:

• Non-traditional Organized Crime — reflected in newer shifts and movements within the criminal
element that do not fit the “traditional organized crime” framework, (source:
_https://www.unodc.org/ropan/en/organizedCrime.html]
UNIT 3. CONCEPTS OF TRANSNATIONAL CRIMES
• Transnational Crimes are crimes that have actual of potential effect across national borders and crimes that are
intrastate but offend fundamental values of the International Community. The term is commonly used in the law
enforcement and academic communities.

• Drug Trafficking - refers to illegal drugs being sold and distributed. This happens in the United States as well as
in other countries. The main concern with transnational drug trafficking for the United States is illegal drugs
being transported in from other countries and sold. Not only do these illegal drugs cause crime in the States, the
sale of them also draws large amounts of money into other countries. Because illegal drugs, such as marijuana,
methamphetamines and cocaine, are in demand in the United States, trafficking in drugs is a very Common and
lucrative transnational crime. This causes drug trafficking fo be extremely hard to combat and stop. With drug
trafficking comes other types of crime, such as money laundering, illegal procession of arms or even murder.

• Money laundering -refers to the process of criminals disguising the illegal origins of their money. Money
laundering occurs all over the world. Criminals who get their money from illegal actions, such as prostitution,
smuggling or computer fraud typically launder thetr money in order not to attract the attention of authorities. By
not attracting attention from authorities, criminals are able to fly under the radar and continue their criminal
activities, making even more money without getting in trouble. Money laundering is done in three main ways:
disguising the source of the money -such as disguising a prostitution ring as a massage parlor, changing the form -
such as changing cash into a money order, or moving the funds -such as taking money from one large bank
account and putting it in several smaller accounts under different names.
• Arms trafficking - refers to the smuggling of guns, ammunition and other weapons. When weapons
are smuggled into a country and sold illegally, buyers don’t have to have any type. Of license or waiting
period in order to buy one. This makes it easier for criminals who can’t purchase a weapon legally to
obtain one. Smuggled weapons typically end up in the hands of criminals or people with criminal
intentions. This causes more crime to occur that could potentially be reduced if illegal arms trafficking
is reduced or eliminated. Stopping arms trafficking is difficult because weapons nave military, law
enforcement and sport uses. This makes it harder to determine if a weapon is in the country and
possessed legally.

• Human trafficking - is a crime against humanity. it involves the sale, transportation, receipt and
harboring of human beings through the use of force, threats or coercion with the intent to exploit the
individuals. Human trafficking often includes payment or money transfer from a trafficker to a person
in control of the victim. Common reasons that humans are trafficked include for prostitution, sexual
exploitation or forced slavery. Human trafficking happens across state lines as well as across
international borders.
UNIT 4: POLITICAL IDEOLOGICAL CRIMES
• IDEOLOGY - Body of ideas affecting the social needs and aspirations of an individual or group, a class
or q culture. While Bovier defines it as “a set of doctrines or beliefs that from the basis of a political,
economic and other systems”.

• Pathocracy [is] a system of government … wherein q small pathological minority takes control over a
society of normal people. It is in this type of government where all types of political ills arises and
make if citizens suffer under its regime.

PERTINENT PERSONALITIES THAT USES POLITICS AND IDEOLOGY TO PERPETRATE CRIMES

AGAINST HUMANITY:

• Tiananmen Square Protests of 1989

Also known as the June Fourth Incident in China, were a series of popular demonstrations and near
Tiananmen Square in Beijing beginning on 15 April 1989. The protests ended with military suppression
on 4 June 1989, an event initially labelled andi still widely known as the Tiananmen Square Massacre or
Tiananmen Massacre.
• East Timor Invasion

Between 1975 and 1999, Indonesia’s military dictatorship conducted a brutal campaign of genocide
against the East Timorese, killing 200,000 people, or one third of the population.

Western nations knew of Indonesia’s plans in advance, and tacitly supported them. The U.S. and others
wanted Indonesia’s support in the United Nations and feared East Timor might vote neutral or leftist if it
gained U.N. membership.

• Mao Zedong

Also transliterated as Mao Tse-tung and commonly referred to as Chairman Mao (December 26, 1893 —
September 9, 1976), was a Chinese communist revolutionary, political theorist and politician. The
architect and founding father of the People’s Republic of China (PRC) from its establishment in 1949, he
governed the country as Chairman of the Central Committee of the Communist Party of China until his
death in 1976. Politically a Marxist-Leninist, his theoretical contribution to the ideology along with his
military strategies and brand of policies are collectively known as Maoism.
• Joseph Vissarionovich Stalin

The Premier of the Soviet Union from May 6 1941 until his death in March 5 1953. Among the Bolshevik
revolutionaries who brought about the Russian Revolution in 1917, Stalin held the position of General Secretary
of the party’s Central Committee from 1922 until his death. While the office was initially not highly regarded,
Stalin used it to consolidate more power after the death of Vladimir Lenin in 1924, gradually putting down alll
opposition. This included .Leon Trotsky, the principal critic of Stalin among the early Soviet leaders. Whereas
Trotsky advocated world permanent revolution, Stalin’s concept of socialism in one country became primary
policy as he emerged the leader of the Soviet Union.

• Ho Chi Minh

Vietnamese Communist revolutionary leader who was Prime Minister (1945-1955) and President (1945-1969)
of the Democratic Republic of Vietnam (North Vietnam). He was a key figure in the foundation of the
Democratic Republic of Vietnam in 1945, as well as the People’s Army of Vietnam (PAVN) and the Viet Cong
(NLF or vc) during the Vietnam Watr.

• Haile Selassie

“Power of the Trinity” Tafari Makonnen He was the helr to a dynasty that traced its origins to the 13th century
and from there by tradition back to King Solomon and Queen Makeda, Empress of Axum, Known in the
Abrahamic tradition as the Queen of Sheba. Haile Selassie is a defining figure in both Ethiopian and African
history.
NATURE OF POLITICAL CRIMES
At one extreme, crimes such as treason, sedition, and terrorism are political because they
represent a direct challenge to the government in power. Espionage is usually considered a
criminal act. … But the scope of such crimes can be rather less direct.

Plunder as crime committed in Politics Legal plunder is a concept in libertarian thought which
describes the act of using the law to … wages, right to assistance, right to instruments of labour,
gratuity of credit, etc., etc.

• Law and economics – Paul H. Rubin (ND), also known as the economic analysis of law, differs
from other forms of legal analysis in two main ways. First, the theoretical analysis focuses on
efficiency. In simple terms, a legal Situation Is said to be efficient if a right is given to the party
who would be willing to pay the most for it. There are two distinct theories of legal efficiency,
and law and economics scholars support arguments based on – both. The positive theory of legal
efficiency states that the common law (judge-made law, the main body of law in England and its
former colonies, including the United States) is efficient, while the normative theory is that the
law should be efficient. It is important that the two theories remain separate. Most economists
accept both.
• Political Corruption - is the use of powers by government officials or their network contacts for
illegitimate private gain. Forms of corruption vary, but include bribery, extortion, cronyism, nepotism,
parochialism, patronage, influence peddling, graft, and embezzlement.

• Public Choice Theory - Jane S. Shaw, |st edition, Public Choice Theory is a branch of economics that
developed from the study of taxation and public spending

Public choice takes the same principles that economists use to analyze people’s actions in the
marketplace and applies them to people’s actions in collective decision making. Economists who study
behavior in the private marketplace assume that people are motivated mainly by self-interest. Although
most oeople base some of their actions on their concern for others, the dominant motive in people’s
actions in the marketolace—whether they are employers, employees, or consumers—is a concern for
themselves.

Example: THE ANTI-MONEY LAUNDERING LAW

RA 9160- DECLARATION OF POLICY
Rule 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and
preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be
used as a money laundering site for the proceeds of any Unlawful activity.

Consistent with its foreign policy, the Philippines shall extend cooperation in transnational
investigations and prosecutions of persons involved in money laundering activities wherever committed.

RULE III - DEFINITION OF TERMS

Rule 3. Definition of Terms. – For purposes of this RIRR, the following terms are hereby defined as
follows:

A. “Anti-Money Laundering Act” (AMLA) refers to Republic Act No. 9160, as amended by Republic Act
Nos. 9194, 10167 and 10365.

B. Anti-Money Laundering Council” (AMLC) refers to the financial intelligence Unit of the Republic of
The Philippines which is the government agency tasked to implement the AMLA.
C. “Supervising Authority” refers to the Bangko sentral ng Pilipinas (ESP le the Securities and Exchange
Commission SEC), the = Insurance Commission (IC), or the relevant regulatory bodies of the
Designated Non-Financial Businesses and Professions enumerated under Rule 3.E.4, or other
government agencies designated by Law.

D. “Person” refers to any natural or juridical person.

E. “Covered Persons” refers to the following:

1. Persons supervised or regulated by BSP, such as:

a. Banks;
b. Non-banks;
c. Quasi-banks;
d. Trust entities;
e. Pawnshops;
f. Non-stock savings and loan associations;
g. Electronic money issuers; and
h. All other persons and their subsidiaries and affiliates supervised or regulated by the BSP.
RULE IV-MONEY LAUNDERING
Rule 4, Money Laundering. – Money laundering is committed by:

A. Any person who, knowing that any monetary instrument or property represents, involves, or
relates to the proceeds of any unlawful activity:
1. Transacts said monetary instrument or property:
2. Converts, transfers, disposes of, Moves, acquires, possesses or uses said monetary instrument or
property;
3. Conceals or disguises the true nature, source, location, disposition, Movement or Ownership of or
rights with respect to said monetary Instrument or property;
4. Attempts or conspires to commit money laundering offenses referred to in (1), (2), or (3) above;
5. Aids, abets, assists in, or counsels the Commission of the money laundering offenses referred to IN
(1), (2), or (3) above; and
6. Performs or fails to perform any act as a result of which he facilitates the offense of money laundering
referred to in (1), (2), or (3) above.
 B. Any covered person who, knowing that a covered or suspicious transaction is required under the AMLA to be
reported to the AMLC, fails to do so.

RULE V - JURISDICTION OVER MONEY LAUNDERING CASES

Rule 5. Jurisdiction over Money Laundering Cases.-

A. Regional Trial Court. – The regional trial courts shall have jurisdiction to try money laundering cases
committed by private individuals, and public officers not covered by the jurisdiction of the
Sandiganbayan.

B. Sandiganbayan. – The Sandiganbayan shall have jurisdiction to try money laundering cases
committed by public officers under its jurisdiction, and private persons who are in conspiracy with
such public officers.
RULE VI-PROSECUTION OF MONEY LAUNDERING CASES
Rule 6. Prosecution of Money Laundering Cases. –

A. Independent Proceedings. – The prosecutions of money laundering and the unlawful activity shall
proceed independently. Any person may be charged with and convicted of both money laundering
and the unlawful activity.

B. Separate and Distinct Elements. – The elements of money laundering are separate and distinct from
the elements of the unlawful activity. The elements of the unlawful activity, including the identity of
the perpetrators and the details of the commission of the unlawful activity, need not be established
by proof beyond reasonable doubt in the case for money laundering.

C. Knowledge. – The element of knowledge may be established by direct or circumstantial evidence.

D. Rules of Procedure. – The Rules of Court shall govern all proceedings concerning the prosecution of
money laundering.
TYPES OF RELIGIOUS ABUSES
Religious abuse is abuse administered under the guise of religion, including harassment or humiliation,
which may result in psychological trauma. Religious abuse may also include misuse of religion for selfish,
secular, or ideological ends such as the abuse of a clerical position.

a) Psychological abuse - One specific meaning of the term religious abuse refers to psychological
manipulation and harm inflicted on a person by using the teachings of their religion. This is
perpetrated by members of the same or similar faith, and includes the use of a position of authority
within the religion. It is most often directed at children and emotionally vulnerable adults, and
motivations behind such abuse vary, but can be either well-intentioned or malicious.

b) Against children - Religiously-based psychological abuse of children can involve using teachings to
subjugate children through fear, or indoctrinating the child in the beliefs of their particular religion
whilst suppressing other perspectives. Psychologist Jill Mytton describes this as crushing the child’s
chance to form a personal morality and belief system; if makes them utterly reliant on their religion
and/or parents, and they never learn to reflect critically on information they receive. Similarly, the
Use of fear and a judgmental environment (such as the concept of Hell) to control the child can be
traumatic.
C. Physical abuse - in a religious context often takes fhe form of beatings, illegal confinement, neglect,
near drowning or even murder in the belief that fhe child is possessed by evil spirits, practicing
sorcery or witchcraft, or has committed some kind of sin that warrants punishment. Such extreme
cases are, though, rare.
In 2012, the United Kingdom’s department For Children, Schools and Families instituted a new action plan to
investigate the issue of faith-based abuse after several high-profile murders, such as that Kristy Bamu. Over a term
of 10 years, Scotland Yard conducted 83 investigations into allegations of abuse with faith-based elements and
feared there were even more that were unreported.
Religious violence - Religious violence and extremism (also called communal violence) is a term that covers all
phenomena where religion is either the subject or object of violent behaviour.

D. Human sacrifice - Child sacrifice and Child sacrifice in pre-Columbian cultures

Archaeology has uncovered physical evidence of child sacrifice at several locations. Some of the best attested
examples are the diverse rites which were part of the religious practices in Mesoamerica and the Inca Empire.
Psychologists Alice Miller and Robert Godwin, psychohistorian Lloyd deMause and other advocates of children’s
rights have written about ore-Columbian sacrifice within the framework of child abuse.
E. Sacrificial victims were often infants. “The slaughtering of newborn babies may be
considered a common event in many cultures” including the Eskimo, the Polynesians,
the Ancient Egyptians, the Chinese, the Scandinavians, and various indigenous peoples
of Africa, the Americas and Australia.

F. lnitiation rites - Artificial deformation of the skull predates written history and dates
back as far ag 45,000 BCE, as evidenced by two Neanderthq skulls found in Shanidar
Cave. It was usually started just after birth and continued until the desired shape was
achieved. It may have played a key role in Egyptian and Mayan societies.

G. Modern practices - In some tribes rituals of Papua New Guinea, an elder “picks out a
sharp stick of cane and sticks it deep inside a boy’s nostrils until he bleeds profusely
into the stream of a pool, an act greeted by loud war cries. Afterwards, when boys are
initiated into puberty and manhood, they are expected to perform fellatio on the
elders, “Not ail initiates will participate in this ceremonial homosexual activity but,
about five days later, several will have to perform fellatio several times.
H. Witch-hunts - Witchcraft accusations against children in Africa. To this day, witch
hunts, trials and accusations are still a real danger in some parts of the world, Trials
result in violence against men, women and children, including murder. In The Gambia,
about 1,000 people accused of being witches were locked in government detention
center in March 2009, being beaten, forced to drink an unknown hallucinogenic potion,
and confess to witchcraft, according to Amnesty International. In Tanzania thousands of
elderly Tanzanian women have been strangled, knifed 10 death and burned alive over
the last two decades after being denounced as witches. Ritualistic abuse may also
involve children accused of, and punished for, being purported witches in some central
African areas. A child may be blamed for the illness of a relative, for example. Other
examples include Ghana, where witches were banished to refugee camps, and the
beating and isolation of child witches in Angola.

I. Psychohistorical explanation - Psychohistorical views on infanticide. A small number

of academics subscribe to the theory of psychohistory and attribute the abusive rituals
to the psychopathological projection of the perpetrators, especially the parents.
SPIRITUAL ABUSE INCLUDES:
a. Psychological abuse and emotional abuse - Physical abuse including physical injury (e.g., fatbir)
and deprivation of sustenance.

b. Sexual abuse - Any act by deeds or words that shame or diminish the dignity of a person.

c. Intimidation and the requirement to submit to a spiritual authority without any right to dissent.

d. Unreasonable control of a person’s basic right to exercise freewill in spiritual or natural matters.

e. False accusations and repeated criticism by labeling a person as, for example, disobedient,
rebellious, lacking faith, demonized, apostate, an enemy of the church or of a deity.

f. Isolationism, separation, disenfranchisement or estrangement from family and friends outside the
group due to cult-religious or spiritual or indigenous beliefs.

g. Esotericism, hidden agendas and requirement, revealed to members only as they successful,
advance through various stages of a faith.
h. Enforced practice of spiritualism, mysticism, o, other ideologies peculiar to members Of that
religion.

i. Financial exploitation or enslavement of adherents.

PERSPECTIVES OF RELIGIOUS RELATED CRIMES

1. Miyamoto Musashi - Aspire to be like Mf. Fuji, with such a broad and solid foundation that the strongest
earthquake cannot move you, and so tall that the greatest enterprises of Common men seem insignificant from
your lofty perspective. With your mind as high as Mt Fuji you can see all things clearly. And you can see all the
forces that shape events; not just the things happening near to you.
2. Macrosocial Evil: large-scale evil that overtakes whole societies and nations, and has done so again and again
since time immemorial.
3. Martha Stout, the Sociopath Next Door (2005 – Psychopaths, like anyone else, are born different basic likes
and dislikes and desires, which is why some of them are doctors and Presidents and others are petty thieves or
rapists.
4. William Krasner - Our society is fast becoming more materialistic, and success at any cost is the credo of
many businessmen. The typical psychopath thrives in this kind of environment and is seen as a business
“hero”.
5. The “Protocols of the Elders of Zion” is now well known to have been a hoaxed attribution to Jews. However, the
contents of the Protocols are clearly not “hoaxed ideas” since a reasonable assessment of the events in the United
States over the past 50 years or so gives ample evidence of their application in order to bring about the current
Neoconservative administration.

MEN BEHIND RELIGIOUS ABUSES: GLOBAL TERRORISM BY RELIGION

a. Pontious Pilate of Rome — during his reign, the citizens were bludgeoned to death, burned at the stake or
thrown into the lion’s den if they vehemently refuse to accept the cross.
b. Stalin of Russia - thousands after thousands of skeletal remains were discovered in Russia and its satellite
states, a grim reminder that anyone who was against the personality cult of Stalin was doomed to death
c. Mao’s Red Army of China — during its great purge, anything that looks churchy were destroyed and
vanished to extinction. Only those who pay homage and reverence to Mao’s thoughts find comfort and
insurance of peace.
d. Adolf Hitler of Germany —subjugated and exterminated more than six million Jews into gas chambers,
this implies without an iota of doubt religious persecutions to satiate the Feuhrer’s mad-craze and
genocidal dreams of building an “Arian race.”
Cultism and Sectarianism
• Culf — an organization brazed with spiritual or ethical belief.

• Sect — groups which believe on unorthodox rituals crafted from established religious
ideology.

• CULT, as it is suggestive of being the first stage of development into religion. It start from
the recruitment process facilitated through the technique of psychological coercion, and
when the flocks were enthralled under the magic spell of interpersonal influences of the
charismatic leader, they were financially, physically exploited and or sexually abused.
RELIGIOUS FREEDOM CLAUSE OF THE PHILIPPINE CONSTITUTION AND OTHER LAWS; an
Instrument by Cults to hide their illicit Activities

a) Art. 93, New Civil Code — No public official shall attempt to inquire into the truth of any religious
doctrine before issuance of authorization to solemnize marriage.

b) Art. 123, RPC, It is a criminal offense for any public officer or employee to disturb or prevent
religious ceremonies.

c) Art. 133, RPC, it is a felonious act for any person to perform an act notoriously offensive to the
feelings of the faithful in a place devoted for religious ceremony.

d) Art. 32, New Civil Code, Any public official or private individual, who obstruct, impede or violates the
right To religious freedom is liable for damages.

e) Art. 26, New Civil Code, any person who shall vex or humiliate another on account of his religious
belief, though does not constitute a criminal offense is liable for damages. These provisions hinder
any one or any public officer to inquire or verify authenticity of any group tending to be a religion of
their activities. Hence, if a cult presents itself as a religion the state is gagged to prosecute these illicit
groups.
UNIT 6: CORPORATE CRIMES
Meaning of Corporate Crimes
• The Australian criminologist John Braithwaite defined corporate crime as “the conduct of a corporation or
employees acting on behalf of a corporation, which js proscribed and punishable by law. This definition stands
the test of time as these crimes can be categorized into Two sub sects.

Nature of Corporate Crime

• Corporate crimes are considered to be general varieties of the White Collar Crime.
Corporate crimes are also known with reference to occupational crimes. The distinction
between corporate crime and occupational crime is that whereas corporate crime refers to
situations in which corporate managers commit a criminal act for the benefit of the
corporation, the occupational crimes are committed by individual employees against the
corporation itself or the customers or consumers of the corporation, in the course of
employment. When we deal with ‘corporate crime’ the first question that emerges is
whether the corporate actually commit crime. This question can be answered by looking at
the situations in which substantial harm is caused in the operation of the corporations
which is much more than the traditional crimes committed by individuals.
Typical Features of Corporate Crime
• There are wide range of corporate crimes which otherwise contain certain typical features. The corporate
crimes are generally committed within anonymous structure of action and communication and within a frame
work of generally legal activity. There are, therefore, not easy to detect and are characterized by their low
visibility. The further characteristic is that in many cases there is no personal contact between offender and the
victim and Its described as delinquency of distance. There may not be an individual victim in many cases. The
collective victims could be other corporations, agencies, the State or the society in general. Corporate crime is
also considered to be an important part of the economic crimes. Because of the peculiar characteristic
complaints against the corporates do not generally come from individuals but are only revealed when there are
certain inquiries or investigations by the law enforcement agencies.

White Collar Crimes and Corporate Crimes

• Edwin Sutherland introduced the terms ‘White Collar Crime’ “Mainly Sutherland brought into focus the arena of
criminal acts which are committed by the people in Upper class of the society in contrast to the belief the
criminal acts are only committed by persons belonging lo lower strata of society. Since white collar crimes are
linked to professional and elite class the corporate crime have a link to white collar crime. The corporate crime
deals with a company as a distinct entity. It benefits the corporation as a whole which may include investors
and Individuals in the high position in the company. White collar crime and corporate crimes are similar as both
are involved with business. The difference is that white collar crime benefit individual and corporate crime
benefit the corporation.
Corporate Crimes and Occupational Crimes
• Individuals or small groups in connection with their jobs commit occupational crime. Examples are
embezzlement, theft, tax evasion, manipulation of sales, fraud etc. by employees for their own
benefit. Corporate crimes are committed by collectivities or aggregate of discreet individual on
behalf of the corporations. As such individuals or groups commit occupational or elite crimes for
their own purpose or enrichment, rather than for enrichment of the organization on a whole.
Corporate crime Is rather committed at the higher level of corporation for example at the
Managerial level or other responsible position and the occupational crimes could involve
employees at all levels.

State Corporate Crime

• State corporate crime is a concept which refers to crime which is committed in relationship with
policies of the State and the policies and practices of commercial corporations. State corporate
crime is distinguished from corporate crime which refers to deviance within the context of
corporation and by the corporation. | is also different from political crime which is directed at
State. It is also not ‘State Organized Crime’ which is crime committed by Government
Organizations.
Corporate Crimes and Organized Crimes
• The organized crime generally involve illegal street activities such as kidnapping or cross border operations like
drugs trafficking whereas corporate crime involves ‘clean jobs’ like manipulation of accounts, insider trading,
misappropriation of funds, tax evasion etc. The points of similarity can be the requirement of some degree of
financial, social or political influence for successful operation. Both types of crime are thriving for money. It is
viewed that corporation are better organized, are wealthier and get benefit from economy of scale in
corruption. Corporations are better placed to manipulate politicians and media. By making use of large grants,
generous campaign contributions and influential lobbying organizations, they may push law changes and legal
reforms that benefit their illegal activities.

THEORIES OF CORPORATE CRIMINALITY

• The corporate crimes are peculiar in nature and commission. To look at the criminological perspective of
corporate criminal liability there is a need to study certain behavior pattern. Though these patterns have not
been specifically laid down for the corporation but these can be studied with in the activities in the corporate
environment.
• Learning Theory: Like all kinds of behavior criminal behavior is also a result of learning process. Edwin Sutherland has
propagated the theory of ‘differential association’. A criminal behavior emerges when a person is associated with others
and who consider that type of behavior as positive. This learning process depends upon the intensity of interaction with
such people. This interaction is more in the small group. This learning process includes the motives and techniques of the
deviant behavior.
Economic Theory:
• Cost benefit theory is more plausible in the context of economic crimes than in the of violent crimes. The loss
could be damage to reputation, risk of civil action by victims, risk of prosecution and nt Punishment. When
there is low visibility and less chances Wry Of detection and prosecution of white collar crimes US then the
benefit may overweigh the anticipated costs.
a) Socio-Economic Developments: Increase in economic crime could also be attributed to socio-economic
developments. There is increase in mobility and communication. The more business opportunities have arisen
because of development in communication and _ internet technology. It is observed that due to these
developments problems of economic crimes are cumulating. High benefits can be achieved with little efforts.
There is low risk of detection as compared to benefit in the realm of internet.
b) Organizational Structure: If the internal structure and setting of an organization is such that raise the
probability commission of crime for the purpose of attainment of its goals. This will out the organization to
risk of violating societal norms and laws dealing with organizational behaviour. The persons may thrive to act
for the organization to attain its goals, to prosper or at least to survive.
c) Criminologic Market: Sometimes persons in the organization need to commit crime because of criminologic
market forces. When corruption is a rule rather than exception there is a need to pay bribes to enter into or
stay in the market. It is said that market force is also a reason for criminal behaviour.
WHO COMMIT CORPORATE CRIMES?
• The question that who commit corporate crime is vital in the context that on whom the criminal justice system
is required to fix the responsibility. Though the question whether corporations are criminally liable or not is no
more open for discussion in all the jurisdictions throughout the world, yet The question remains how to justify
the ends of criminal justice system by fixing liability on the corporation as a whole and/or the individuals in the
vicarious capacity. The researcher has made endeavor to look into these aspects in the following discussion:

• Liability of the Corporation

• Liability of Individuals

• Situational Circumstances of Corporate Liability

• Defenses against Liability

TYPES OF CORPORATE CRIME
1. Industrial Disasters
2. Ignoring occupational standard and safety standards
3. Victims of unsafe products
4. Victims of industrial Pollution
5. Human Right Violations

 ECONOMIC CORPORATE CRIMES

1. Deceptive Accounting
2. Inside trading
3. Manipulation of security market
4. Stealing trade secrets
5. Investment Trends
6. Corporate Bribery
7. Corporate Manslaughter
8. Corporate liability for failure to prevent negligent act
9. Offences under the Companies Act
OTHER EXAMPLES OF CORPORATE CRIME
1. Pyramid Scam
2. The eight ball model
3. Matrix schemes
4. Relation to Ponzi schemes
5. Connection to multi-level marketing

How networking Scam in the Philippines work?

1. No product
2. No legal and official documents to present
3. Too good to be true
4. Rampant sales tactics
• 10 BEST EXAMPLES OF NETWORKING SCAM IN THE PHILIPPINES
1. Emgoldex Philippines
2. One lightning corporation
3. Success 200
4. One team Global Solutions
5. 24k times Gold International Marketing aka Timesgold
6. My science of Success Marketing (SOS)
7. Just 950
8. Dragon one network trends corporation
9. Bridges team effort networking marketing corporation
10.Monspace Philippines
10 BIGGEST SCAMS IN THE PHILIPPINES
1. Legacy Group of Companies
2. Aman Futures Group
3. Performance Investments Products Corporations (PIPC)
4. Mateo Management Group (MMG)
5. Tibayan Group Investment Corp
6. Royal Manchester Five ( RMF)
7. Francswiss
8. 12Dailypro
9. One dream global Marketing INC
10. Bancap Scam
UNIT 7: ECONOMIC CRIME
• Economic crime is usually confuse term, corruption. There are different definitions what Is corruption. Each
definition illuminates different dimensions of the phenomenon to be studied, influencing ~ the analysis and
prosecution tasks to be implemented. A first definition focuses on public ethics. Here. Corruption is defined as
an ethical confusion between public and private space. A second Vision relates the problem of corruption To the
lack of transparency of the state, may that be It in the form of barriers to access public information or the
pinpoint hiring opportunities to certain companies in the area of goods and services. However, there is a third
definition, which is the one that we as an organization promote: corruption is one of the many parts of G more
complex and more comprehensive criminal phenomenon, which is economic. Crime. Therefore, Our vision is
not limited to crimes committed in the public sector, but also extends to those perpetrated by economic actors
in the private sector.

ECONOMIC CRIME: THEORY

• There is no widely accepted definition of economic crime, and it is impossible to enumerate briefly the various
definitions, theories, and offenses included in this category. We focus on the theoretical work that explores
three aspects of economic crime: offender motivations, economic outcomes, and economic processes.
• The first tradition refers to economic crimes as illegal acts in which offenders’
principal motivation appears to be economic gain (e.g., Freeman). Here, an economic
crime is conceived of as any offense in which individuals or collectivities of people
purposively act in an illegal manner in order to gain financial returns (e.g., robbery,
drug selling, tax evasion, computer crime, and abuses of economic aid). Although
conceptually appealling, this tradition has several drawbacks. For example, it
assumes that offenders’ motivations are readily observable or knowable from the
criminal act itself. Although the motive behind robberies may appear to be the desire
for property, perpetrators primary motivation may be different (e.g., Thrill seeking
or racial hatred). Some crimes have multiple motives and economic gain may be a
secondary goal. Furthermore, offenders themselves are not always conscious of their
motives and they may be unable to distinguish between the reasons that precipitated
their actions and the rationalizations or justifications that follow them.
• A second tradition avoids difficulties associated with trying to infer motives
and focuses on illegal acts that successfully provide offenders with an
economic return (e.g., Chamlin and Kennedy). However, excluding attempted
crimes from analysis limits our understanding; successfully completed
offenses may differ in important ways from those that are failures. A variation
of this tradition defines economic crime as offenses for which victims incur an
economic cost (e.g., Salvesberg; Reuvid }. Typical. Victims include individuals,
groups, or organizations against which the act was directed; however, GQ
much wider group of victims may have been indirectly affected by such crimes.
This occurs in cases in which a criminal act subverts or undermines the
commercial effectiveness of normative business practices and the negative
consequences extend beyond those at whom the specific immediate harm was
intended (e.g., computer hacking, insider trading in stock market
transactions). This definition addresses a common oversight in criminology—
ignoring or under presenting victim issues—nonetheless, if is foo narrow in
some respects and too broad in others. For example, it excludes “victimless”
crimes that have economic implications (e.g., prostitution) and includes any
offense for which victims experience a cost (e.g., an assault that results in
medical expenses or loss of wages). –
• A third tradition contends that the processes that lead to criminal
behavior are the same as those that guide consumer behavior in the
marketplace. This approach informs most theoretical work on crime
offered by economists since the late 1960s. Its most cogent statement
Is found in Gary Becker’s neoclassical or “economic” approach to
explaining crime (1968; repr. 1974). The remainder of this entry
describes this approach and discusses its advantages and weaknesses;
reviews other social science perspectives that address some of the
shortcomings of the neoclassical approach; and summarizes recent
directions in the study of Economic crime.
 Classical-approach to crime
• The classical approach to crime originated in the Enlightenment and is evident in the writings of
Thomas Hobbes, John Locke, Jean Jaques Rousseau, and others, According to this perspective,
intelligence and rational thought are fundamental characteristics of people and the principal basis for
their behavior. In other words, people have free will, make choices and pursue their own interests. In
the late 1700s, philosophers Cesare Beccaria and Jeremy Bentham applied these ideas to crime,
arguing that people freely chose to offend. According to Beccaria and Bentham, people’s decisions to
offend are guided by calculations that weigh the — pleasure they hope to obtain from criminal acts
against the potential pain they would receive if they were caught and punished for their crimes. This
perspective, Known as the classical school of criminology, maintains that people’s calculations involve
their knowledge of the law and their perceptions of the likelihood of punishment (based on their
experiences and knowledge of the experiences of others). It proposes that crime can be most effectively
deterred by punishments that are certain, swift, and proportional to the harm caused. Punishments
that met these criteria would discourage offenders from re-offending and would encourage others to
be law-abiding. This deterrence” philosophy was the preeminent explanation of crime for over a
hundred years; yet, by the start of the twentieth century its popularity was eclipsed by positivist
explanations arguing that offenders differ from non-offenders in important ways (e.g., socialization).
 Neoclassical or economic approach
• IN the late 1960s the economist Gary Becker questioned positivist
approaches to crime, arguing that: “[a] useful theory of criminal behavior
can dispense with special theories of anomie, psychological inadequacies,
or inheritance of special traits, and simply extend the economist’s usual
analysis of choice” (repr. 1974, . 2). Characterizing his approach as an
effort of “resurrection, modernization, and… improvement” (p. 45) of the
rational approach of Beccaria and Bentham, Becker argued that criminals
were not biologically, psychologically, or sociologically different from
non-criminals; and that the decision to offend did not originate in a
unique set of motives but was influenced by the same factors that
motivate all purposive behaviours. Becker and others developed these
ideas in what is now called the neoclassical or economic approach to
crime. According to this perspective, people choose criminal over
noncriminal alternatives in the same way that they choose particular
strategies when they act as consumers In the marketplace.
 Ecological theory of illegal expropriation
• In a series of papers, Lawrence Cohen and colleagues (see Cohen and Machalek) offer
an ecological theory of illegal expropriation. This theory is consistent with the neo
classical assumption that the frequency of a behaviour, including an illegal one,
typically reflects its ability to satisfy people’s preferences; however, an ecological
approach to crime differs from the neoclassical perspective in two key ways. First, it
does not assume that people necessarily know the benefits of behaviours before they
act. Instead, if assumes that actions can have unintended positive results,
consequences that encourage people to repeat their actions. Thus, people’s
behavioral choices do not necessarily reflect rational calculations based on complete
information, nor are their behaviours always directed toward their most valued
preference. Second, Cohen and Machalek’s theory differs from the neoclassical
approach in that it explicitly treats behaviours as strategies that are influenced by the
actions of others. A strategy is simply a set of behaviours that yield benefits, whether
the benefits were intended or not; the greater the benefits a strategy provides, the
more likely that it will be repeated and proliferate within and across populations.
Game Theory
• A related extension of the neoclassical approach involves integrating it with
ideas first developed by John von Neumann and Oscar Morgenstern (1944} in
their work on game theory. The neoclassical approach suggests a world in which
individual people gather information and make choices and decisions
independently of others; yet, von Neumann and Morgenstern argue that people’s
choices are influenced by the decisions of others and that people consider these
influences when they make their decisions. In other words, people’s choices are
interdependent, not independent. Von Neumann and Morgenstern’s work on
game theory, and subsequent research in this tradition, has developed this
insight, revealing that people use various strategies when making decisions and
that part of a strategy Is anticipating the decisions of others.
Criminal cooperation
• Other scholars have used game theory research to Understand a characteristic common to many
economic crimes: the presence of co-offenders. For example, Bill McCarthy, John Hagan, and Lawrence
Cohen argue that like other economic activities, co-offending requires people who recognize that, in
some cases, the probability of attaining a desired outcome rises with a Cooperative effort. Yet, working
cooperatively with others typically involves Uncertainty: there are often few if any ways to enforce
people’s pledges to cooperate, people may benefit from the actions of others and then fail to fulfill their
commitments (i.e., they may cheat), and people may take advantage of the actions of others without
providing any reciprocity (i.e., they may “free-ride”).
 Returns versus costs
• A further extension of the neoclassical approach is critical of the tendency to
focus on calculations that involve the costs associated with offending. Several
scholars disagree with the suggestion that calculations of the probabilities and
consequences of detection are based solely on the amount of information
gathered; instead, they argue that calculations can be influenced by a number
of demographic characteristics Cornish and Clarke). For example, young people
may have a greater tendency to disregard information about detection
probabilities because they are more likely to believe that they are immune to
negative consequences. Compared to adults, youth may be more likely to
believe that they are the ones who will “get away with it.”
TYPES OF ECONOMIC CRIMES
• Thus, economic crime covers a wide range of offenses, from financial
crimes Committed by banks, tax evasion, illicit capital heavens, money
laundering, crimes committed by public officials (like bribery,
embezzlement, traffic of influences, etc.) Among many others.
Types of fraud and economic crime
There are several types of fraud and economic crime that affect council services.
a. Housing benefit fraud
About 15,500 people in Thurrock get housing benefit or council tax support. Most of these
claims are legal but a high number will be false.

The most common types of housing benefit fraud include:

 Not telling us about a change in circumstances that affects the right to receive benefit

 Not telling Us about true circumstances

 Giving us false or forged documents to support a claim

b. Housing tenancy fraud
 We provide over 10,000 social housing properties, with many more being provided by other organizations, such as
housing associations.

The most common types of housing tenancy fraud include:

 Subletting — when a tenant leaves their property and allows another person to move in, often paying rent to the
original tenant far above what the we would charge

 Abandonment — when a tenant leaves their Property without telling us, for example when a person moves in
with a new partner but keeps their council home as a safety net or simply for ¢ place to store their belongings

 wrongful tenancy succession — when someone lies about living in a property for the qualifying period in order
to gain the tenancy of a deceased tenant.

 key selling — when a tenant sells their tenancy to another person for a one off payment or reward

 giving false information in a housing application — for example, not declaring you own or rent a property
elsewhere, or by lying about the number of people moving in with you to gain a larger property

 right to buy — where concerns aré raised over the validity of a right to buy application
c. Council tax fraud
• Council tax fraud is when a person deliberately gives false or misleading information in order to pay less or no Council tax.

The most common types of council tax fraud include when the person:
 Subletting — when a tenant leaves their property and allows another person to move in, often paying
rent to the original tenant far above what the we would charge

 Abandonment — when a tenant leaves their Property without telling us, for example when a person
moves in with a new partner but keeps their council home as a safety net or simply for ¢ place to store
their belongings
• wrongful tenancy succession — when someone lies about living in a property for the qualifying period in
order to gain the tenancy of a deceased tenant.
• key selling — when a tenant sells their tenancy to another person for a one off payment or reward
• giving false information in a housing application — for example, not declaring you own or reniaq property
elsewhere, or by lying about the number of people moving in with you to gain a larger property
• right to buy — where concerns aré raised over the validity of a right to buy application
 CHAPTER II
INVESTIGATIVE PROCESS
FOR SPECIAL CRIMES
UNIT 8: INVESTIGATIVE TOOLS FOR SPECIAL CRIMES

A. CASE BUILD-UP
Usually cases without crime scene requires investigators to consolidate evidences from possible
sources and analyze these evidences to determine who are the perpetrators then gather information as to
where they are, who are their victims and the degree or extent of crimes being committed and the laws
being violated in order TO develop a case that can be the basis for prosecution. But in the process the
investigator must make sure that the constitutional rights of the subjects _ are not compromised to avoid
being charge also.

 Section 1 Basic Terms.

•For purposes of these Rules, the following definitions shall be observed:
a. “Political Activist” — refers to a person legitimate and known member, or suspected to
be a member, of an activist or militant organization in the Philippines;
b. “Political Activist Killing’ — cases where the victim is targeted because of his political
beliefs and affiliations, whether these beliefs or affiliations are real or merely suspected,
and where there are reports or indications that state actors or agents are involved. In
consonance with Supreme Court Administrative Order 25-2007, in determining whether
the crime is a “political killing” the following factors, among others, shall be considered:
i. Political affiliation of the victim;
ii. Method of attack; and
iii. Reports that state agents are involved in the commission of the crime or have acquiesced
in them;

c. “Political affiliation’ — the ideological affiliation, real or assumed by the perpetrators;

d. “Method of attack” — manner of killing is Through The use of devices which conceal the identity of
the assailants, or Use of a means to flee the scene of the attack; Use of treachery or means which tend
directly and specially to insure the killing, without risk to the assailant, arising from the defense which
the intended victim may raise. Legitimate military or police operations observing rules of engagement
that result in casualties are excluded;
e. “State agents” — military, police, Citizen Armed Forces Geographical Unit, other law enforcement
personnel
f. “Media killings” — the killings of media practitioners l.e, those who are engaged in media practice,
including print, internet, radio broadcast or Commentaries and television, that espouse critical Or
political issues against a particular party group or Individual , and targeted by reason of his media
work.

 Article Il Investigation and Case Build-up

 Section 1. Initial Assessment and Reporting.
When a killing occurs (or is attempted to be committed), the local law enforcement concerned (e.g.,
Members of the local Philippine National Police [PNP] unit or National Bureau of Investigation [NBI]
office), shall make an initial assessment within forty-eight (48) hours from deployment, whether or not
the incident may be treated as a possible political-activist or media killing, based on the parameters
defined under Administrative Order No, 181, s. 2007 (hereinafter referred to as A.O. No. 181).
 Section 2. Designation of Prosecutors.
The Regional Prosecutor shall issue a Regional Order designating prosecutor/s, as far as practicable, from the
City/Province/Regional offices who will be the point persons tasked to assist in the case build-up and evidence gathering,
and ensure that the said Order shall be furnished the law enforcement agencies concerned, in order to facilitate coordination.

 Section 3. Convening of Group.

Upon receipt of the official report by all concerned entities that the incident is a possible political activist of media killing, one
may call for a meeting and all shall agree to immediately convene and continue with the investigation. Other government
agencies may be invited to provide assistance as may be deemed necessary.

 Section 4. Task and Duties of Group.

The group of prosecutor/s and law enforcement investigators shall identify the witnesses, assist in the
preparation of their affidavits, evaluate the Scene of the Crime Report and the other physical or object evidence
necessary in the filing of the case with the prosecution office concerned.
The group of prosecutor/s and law enforcement investigators shall designate which law enforcement agency
shall act as evidence custodian.
The group of prosecutor/s and law enforcement investigators shall submit periodic written reports of the
progress of their investigation to the PNP Regional Director, NBI Regional Director, the Regional Prosecutor and
Task Force 211 or ifs successor.
 Section 5. Official Pronouncements.
For purposes of releasing official pronouncement to the media in relation to the case, the local police unit or local NBI
unit spokesperson shall be designated as the official spokesperson to the exclusion of all other spokespersons. Any
information released to the media shall be with the prior approval of the Chairman of Task Force 211 or its success

 Section 6. Withdrawal of Assisting Prosecutor.

If, after evaluation of the attendant circumstances and available evidence, the group of prosecutor/s and
law enforcement investigators determines that the killing is neither a political-activist nor media killing, a
report shall be prepared and submitted to the PNP Regional Director, NBI Director, the Regional Prosecutor
and the Chairman of Task Force 211 or its successor. There the assisting prosecutor/s shall immediately
withdraw from the case, even as the investigation shall continue and proceed.
 Section 7. Filing and Endorsement of Case.
If the case investigated by the group of prosecutor/s and law enforcement investigators falls Under the
parameters defined in A.O. No. 181, the group shall after the termination of the investigation, file the proper;
complaint before the City/Provincial Prosecutors office. It shall contain an @ndorsement signed by the law
enforcement investigator concerned, indicating that the investigation was handled by the Joint group of
prosecutor/s and law enforcement investigators, pursuant to A.O. No. 181, as a probable case of political activist
or media killing. Notwithstanding the referral of the case with the appropriate prosecution office, the group shall
continue to convene for the purpose of evaluating and gathering additional evidence necessary to further
 Section 8. Terminal Report.
Immediately after the filing of the case with the appropriate prosecution office, a Terminal Report containing the
findings of the group of prosecutor/s and law enforcement investigators shall be submitted to the Prosecutor General
who shall, within a period of two (2) days from receipt of said report, inform the Chairman of Task Force 211 or its
successor. The police/ NBI investigator, on the other hand, shall furnish a Copy of the said terminal report within the
same period to the PN P Regional Director and to the Director of the NBI.

 Section 9. Financial and Logistical Support

Financial and other logistical support shall be made available to the group of prosecutor/s and law enforcement
investigators in the course of their investigation. The law enforcement agency concerned shall likewise provide
security to the prosecutor designated To assist in the investigation.

 Section 10. Recommendation to Witness Protection Program.

The group of prosecutor/s and law enforcement investigators may recommend the immediate or
conditional admission of witnesses into the Witness Protection, Security and Benefit Program (WPSBP)
in order to ensure their safety and security. The WPSBP shall give priority to the processing and
admission of the witnesses concerned.
 Article Ill Inquest
 Section 1.
• When commenced. The inquest proceedings shall be deemed to have commenced upon receipt by the Inquest
Prosecutor of the:
a) Affidavit of arrest duly subscribed and sworn to before him by the arresting officer/s.
b) The investigation report: c) sworn statements of the complainant/s and their witnesses; and d)}) other supporting
pieces of evidence gathered by the police in the course of the latter’s investigation of the criminal incident involving the
arrested person.

• Section 2. Additional Documents Required.

Inquest prosecutor shall, as far as practicable, in diction to the above-enumerated documents, require
submission/presentation of the documents listed to will:
 Section 3, Inquest Proper.
• Determination of Propriety of Arrest – During the inquest proceedings, the Inquest Prosecutor shall first determine if the
arrest of the detained person/s was made in accordance with the provisions of Sections 9, sub. Paragraphs (a) and (b) of
Rule 113 of the Revised Rules on Criminal Procedure.
• Should the Inquest Prosecutor find that the arts were not made in accordance with the aforesaid provisions of the
Revised Rules on Criminal Procedure, he shall:
 Section 4. Waiver of Provisions of Article 125 of RPC.
The arrested/detained person with the assistance of counsel of his own choice, shall then be made to execute a waiver of
the provisions of Article 125 of the Revised Penal Code (RPC). In the event that the arrested/ detained person does not
have a counsel to assist him/ her, then the Inquest Prosecutor shall exert efforts to coordinate with the Public Attorney’s
Office in his area to ensure that the rights of the arrested/detained person are amply protected.
 Section 5. Counter-Affidavit.
The arrested/detained person/s shall be required to file his/her/their counter affidavit and the affidavit of his/ne sheet and
its r/their witnesses within a period of ten (10) days from receipt of the complaint attachments from the Inquest
Prosecutor. Immediately thereafter, the Inquest Prosecutor shall proceed to resolve the case. No Reply or Rejoinder shall be
allowed, and neither shall motions for extension of time to file Counter-Affidavit or Affidavits of witnesses be entertained.

 Section 6. Discussion of Nature of Case.

In preparing the resolution, the Inquest Prosecutor shall state that the case involves a political activist/ media killing and
provide the appropriate discussions therefor. The recommendation of the Inquest Prosecutor shall be submitted to the
Prosecutor General, City or Provincial Prosecutor for approval. The Prosecutor General, City or Provincial Prosecutor shall
act on the recommendation of the Investigating Prosecutor within two (2) days from receipt of the same.
Article V Trial Proper
 Section 1. Coordination among Trial Prosecutor and Assisting Prosecutor and Law
Enforcement Investigator.
Once the case has been raffled off to the proper court, the Trial Prosecutor shall immediately coordinate with
the Assisting Prosecutor and the law enforcement investigator (from the PNP/NBI). He shall also submit a
report of the fact of raffle to the Prosecutor General, City or Provincial Prosecutor, as well as to the Chairman
of Task Force 211 or its successor. Periodic reports shall also be submitted to the above-named officials
informing them of the status and progress of the case.
 Sec 2. Creation of Panel of Prosecutors.
As far as practicable, the Prosecutor General, City or Provincial Prosecutor shall create a panel of prosecutors composed
of the Assisting Prosecutor, Investigating Prosecutor and the Trial Prosecutor for the purpose of handling the actual
prosecution of the political activist/ media killing case.

 Section 3. Pre-Trial and Trial.

In the course of the pre-trial and trial, the panel of prosecutors shall ensure that:
They prepare a pre-trial brief Containing a brief summary of the facts, the applicable laws and jurisprudence, proposals for
stipulation and request} for admissions of facts, the list of witnesses and synopsis of their testimonies, a list of the exhibits that
will be marked and a proposed schedule for the presentation of the prosecution’s witnesses.
 Section 4. Plea Bargaining.
No plea bargaining shall be allowed without the prior written consent of the Prosecutor General, City or Provincial
Prosecutor.

 Section 5. Duration of Trial.

The presentation of evidence for both the prosecution and the defense shall, as faras practicable be terminated Within
sixty (60) days.

DOCUMENT REVIEW PROCESSES

a. What Is the Legal Document Review Process?
b. Who Carries out Document Review
c. Reasons Documents Might Be Withheld
*Relevance — |s the information relevant to the issues in the case@ if is irrelevant to the facts and issues of the claim,
lawsuit, or investigation, it need not be produced to opposing parties.
*Responsiveness — Is the information responsive to the discovery requests of the Opposing parties or the investigatory
requests of regulatory bodies? to which request for production is the information responsive? Document reviewers might
also tag “hot” documents – those which contain crucial information to the case and are particularly responsive – during the
document review stage.
• Privilege — Is the information subject to attorney client privilege, the attorney work product doctrine and/or any
confidentiality rules and privacy laws? If so, it is also withheld from production.

• Confidentiality — If the document is confidential, it must be excluded from production. For example, if a document
discusses a trade secret, such as the recipe for a candy manufacturer’s signature chocolate bar, the legal team is not
obligated to turn If over to Opposing parties. The document reviewer will analyze the document to determine if it
contains confidential information. If it does, the reviewer will determine whether certain portions of that document
should be redacted to protect the client’s confidential work product or whether the document should be excluded from
production

• COGNITIVE INTERVIEW
 Definition of Cognitive Interview
• Imagine if you were in a bank and three robbers came in, brandishing guns and demanding money. After grabbing
thousands of dollars, the robbers continue pointing their guns at you as they run out the door. Would you be able to
remember what the robbers looked like? Would you remember their eye color or be able to recall step by step what
occurred within the last few minutes?
• A cognitive interview is a method law enforcement uses that helps victims or eyewitnesses recall specific memories from
a crime scene. The aim of these interviews is to help investigators find out and evaluate what happened during a crime
on a step-by – step basis.
• The cognitive interview involves a number of techniques/ mnemonics:
a. Mental Reinstatement of Environmental and Person Contexts
b. Reporting the Event from Different Perspectives
c. Describing the Event in Several Orders
d. In-depth Reporting
 CHAPTER III
METHODS ADOPTABLE IN SPECIAL
CRIMINAL INVESTIGATION
METHODS ADOPTABLE IN SPECIAL CRIMINAL INVESTIGATION
• UNIT 9: METHODS OF INVESTIGATIONS

These methods differ from chapter two wherein these selected methods are actually the technical rules provided
by specific laws being violated. These are models established as process of investigation of specific crimes. Outside of these
where there are established technical rules, initiative is the answer for an investigator.

A. Intelligence Build Upon this stage the subject is indeed unknown there is a need first to establish identities of possible
subjects, hence the following steps are provided.
1. Validation of Intelligence report — this is the part of verification of anonymous information whether or not relevant,
material and valid.
 Summary – refers to processed intelligence information received by the investigator.
B. Order of Battle — verify whether or not warrants are authentic to make arrest and searches legal
C. Agent’s report — determine whether or not the report of the agent, informant, informer are relevant, material and
useful.
2. Record Exploitation — this process is a support rare story procedure sometime known as paper rail.
a. Investigation Report — recentness, originality and other factors are to be considered in reviewing investigation
reports’ before considering if as valid report.
b. Rouge Gallery — this is also helpful for the determination of the background of subjects.
c. Modus Operandi File —in relation to accusations on the connection of subject and the possibility of his
involvement as accused the file is very important as validating instrument.
d. Transmittal to Prosecutors Office — before transmitting complaints to the’ prosecutor, make sure that all records
are verified.
e. Booking sheets — this is part of a comprehensive report because a booking sheet is factual and Time bound
f. Sworn Statement — taken form an interview or Interrogation, this must be properly signed and notarized to make it
official. Non-notarized statements are just scrap of paper if cannot hold scrutiny.
g. Coordination with Government and Nonrgovernment Offices — coordination must be documented for purposes of
providing evidences whenever any concerned office tries To wash hands on the issue
•3. Identification of Target Personalities
a. Identification/Determination of the individual Target personality
b. Identification of the Organizational Profile of the Organized Crime Group
c. Identification of all residences, safe houses, havens and possible rest recreation areas.
•Case Build-up — in order to gain ground in filling a cased against a subject.
a. Documentation of target with derogatory records and or pending cases
b. Documentation of tar | of arrest gets with warrants/order
c. Documentation of all cases committed by
 Negotiation Phase — this stage of the operation its where the softening part occurs before filling necessary action.
a. Prioritizing arrest on the part of the arresting
b. Arrest/Search before filing the case — in this Case, it must be covered under the exception by the rules on criminal
procedure.
 TYPICAL INVESTIGATIVE TECHNIQUES:
•Rescue of Minors – The investigative Procedures
•The police may conduct rescue operations when q legitimate complaint is filed by any of the following:
•Representatives of a licensed child caring
A.Offended party:
B. Parent or guardians;
C.Ascendance or collateral relatives within the third degree;
D.Social worker from the DSWD;
E.Representatives of licensed child caring institution;
F.Barangay chairman; and
G.A least three responsible citizens of the place
•Where the violation occurred on police rescue operations, it is a must that the Police should coordinate with the following
agencies:
•DSWD or DOL
•Local Police Units; or
•Barangay officials who may join the rescue team
•Common problems that take place on cases on the rescue of minors:
The officer may encounter the following problems in case the victim is 18 years and above:
•A. Trauma
•b. Withhold details of the ordeals due to embarrassment
•c. Insistence that the suspects be arrested
•d. Tries to evade questions and want to go home immediately
•e. Indecisive whether to file a complaint or not
•f. Relative commonly influenced the decision of the victim

RA 7610 provides the following common problems in Child Abuse

•A. Minors using faked Birth Certificate to work in night clubs
•b. No centralized coordination with the Local Civil Registry and the National Statistics Office for the
•certification of birth certificates.
•c. Ill advised by parents to the minor and other people.
•d. In night clubs, managers/owners instigate the minor to file harassment suits against the police.
•E. Media intervention that leads to the magnification of the issue
•f, Political Interventions
•INVESTIGATION OF SEX CRIMES
RA 8353 otherwise known as the “Anti-rape Law of 1997 rape now becomes a Crime against Persons, whereas it
Used to be grouped under crimes against chastity in the Revised Penal Code.

• Salient Principles of Sex Crimes

1. It is triggered by emotion. A person who commits a sex crime has lost control of his emotions. It is not something you
can sit out and analyze. It is a compulsion that comes from deep within the person.
2. Gratification of sex drive is often accomplished in strange, disguised ways. It involves an addiction to a certain kind of
sexual satisfaction. Sex is what makes a person feel good; you have to Understand this when investigating sex crimes.
3. The motivation for crimes committed by insane person is so often obscure and so illogical as fo defy analysis.
4. Most sex offenders have peculiarities that fall Under any of the following categories:
a. Fetishismobject compulsively used _ for attaining sexual gratification
b. Symbolismthe representation of things by use of symbols, especially in fine art or literature; system symbols,
symbolic meaning, a group of symbolist, as in art or literature.
c. Ritualism—sex offenders with this peculiarity use the same approach or pretext all the time. This helps you
determine if your suspect is the same Individual involved in another case.
d. Sex Fantasy of Dream Worldhere, the sex fantasy overcomes the offender who puts his areas into reality to see if he
could feel even better.
• . Sadism Sexual satisfaction through acts of cruelty
1. Masochism Sexual satisfaction through being humiliated, hurt or beaten.
2. Sado-masochisminflicts injury and at the same time enjoys having injury inflicted upon to satisfy sexual desire.

•The Sex Crime Investigator — What he/she should do.

1. Get the facts no matter how embarrassing to those interviewed
2. Be intensely suspicious – Watch for words spoken that might give both your victim and suspect away.
3. Be extremely curious — get to know what goes on the mind of both the victim and the offender.
4. Understand all the little overtones of sex offenses.
5. Posses interview skills — this may be attained if the investigator understands the crime he is Investigating.
6. Have the abilities to analyze and grasp the significance of details
7. Be thoroughly capable investigator in all phases of the criminal inquiries.
8. No crime is harder to prove, and no crime is harder to disprove than sex crimes. Use good sense to prove you hit
somebody with proper charge.
9. Be intensely interested in the solution of like cases. Remember that the offender is likely to commit another crime of
the same kind.
10. Take all complaints seriously. Remember that sex offenders will do things that ordinarily are hard to explain.
11. Establish reliable informants, especially in places where children gather
• Investigative Techniques sex crime

Determine Patterns (ritualism)

•A. Weather has influence on abnormal people. i.e, full moon etc.
•b. Time of the day
•c. Type of victim. Ex. Invalids, little girls, skinny boys, old women etc..
•d. Get details on the choice of clothing
•e. Odor, it can be anything, from most filthy smell to the smell of trees.
•f. Type of weapon used — razor, knife etc..
•g. Words used – chances are, he will use the same words in succeeding sex crimes
•h. Determine his exact approach.
• Everyone is a Suspect
A. Never try to excuse from involvement a suspect who is not the type of religious, educated, responsible etc.
B. Consider relatives that love is Closely associated with sex.
1. Conduct Investigation of all suspect s by the inner-outer Ring Method
2. Search of person and places. Perverted sex offenders sometimes need paraphernalia (excitement aids). Therefore, they may have a
collection of fetishes, symbols, aphrodisiacs, and excitants such as pornographic materials, Etc.
3. Interviews of Sex Offenders

•INVESTIGATION OF NARCOTICS AND CONTROL OF PUNISHABLE ACTS

•RA 6425 as amended by RA 9165, the Dangerous Drug Act of 2000, gives the following punishable acts
related to drugs:
A. Importation of prohibited, regulated drugs
B. Sale, administration, delivery, _ distribution, dispensation and transportation of prohibited, regulated drugs. Maintenance of a den,
dive or resort for prohibited drug users.
C. Being an employee of, and knowingly visiting,
D. Prohibited drug dens
E. Possession or use of prohibited, regulated drugs
F. Cultivation of plants which are sources of prohibited drugs
G. Failure to maintain records of prescriptions, sales, purchases, acquisitions and/or deliveries of prohibited, regulated drugs.
H. Unlawful prescription of prohibited, regulated drugs Unnecessary prescription of prohibited, regulated drugs.
I. Possession of opium pipes and other paraphernalia for prohibited drugs
MATTERS ESSENTIAL FOR CONSIDERATION
 The evidence
 Evidence handling
 Drug Seizure
 Photographs
 Court process
 Documents
 Investigative Records
 The scene of death due to drugs
 Body signs
Investigation of Cases Re: Failure to file Statements of Assets and Liabilities
a. Certification from Department heads, or office of the president, or Office of the Secretary of the corresponding House
of Congress
b. Explanation of subject if he so desire.
INVETIGATION OF CASES OF Falsification
Acts constituting Falsification under Art. 171 RPC
A. Counterfeiting or imitating any handwriting. Signature or rubric
B. Causing it to appear that persons participated in any act when they did not in fact so participate
C. Attributing to persons that persons have participated in any act of proceeding statement other than those in fact made
by them
D. Making untruthful statements in q narration of acts
E. Altering true dates
F. Making any alteration or intercalation in a genuine document which changes its meaning
•HOMICIDE INVESTIGATION
 Places of importance
 Times of importance
 Persons of importance
 Background investigation may be necessary
 Things of importance
 Pertinent terms encountered in Homicide
a. Homicidethe killing of over human being by anotner —
b. SOforicidiethe act of one who kills his or her own sister.
c. Fratricidethe act of one who Kills his own brother.
d. MatricideMurder of a mother by her own child.
e. Patricidethe act of one who kills his own father.
f. Parricidethe act of one who murders a person to whom he is related such as his parent, spouse or Child. This is a generic
term.
g. Afanticidethe killing of an infant less than 3 days oids
h. Suicidetaking one’s own life voluntarily ana Intentionally
i. Uxoricideact of one who murders his wife.
j. Regicide- the killing or murder of a king
k. Vaticide- the murder of a prophet
l. Euthanasia- mercy killing or the act of painlessly putting to death person suffering from incurable and distressing disease.
m. Aborticide- act of destroying a fetus in the womb. Better known as abortion
• TIME OF DEATH ESTIMATES IN HOMICIDE INVESTIGATION
A. Algor Mortis (body cooling)
B. Rigor Mortis (stiffening of muscle tissue)
C. Livor Mortis (changes in blood)
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