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Cdi Reviewer Midterm

The document discusses Philippine criminal law and criminal investigation procedures. It defines crime and different types of crimes. It also outlines the Revised Penal Code of the Philippines, which defines criminal offenses and penalties. Special penal laws deal with crimes not covered by the penal code. The document also discusses the objectives, processes, roles and tools involved in criminal investigation, including examining crime scenes, identifying suspects, and preparing cases for prosecution.

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KIMBERLY MARGARETTE RED
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© © All Rights Reserved
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163 views

Cdi Reviewer Midterm

The document discusses Philippine criminal law and criminal investigation procedures. It defines crime and different types of crimes. It also outlines the Revised Penal Code of the Philippines, which defines criminal offenses and penalties. Special penal laws deal with crimes not covered by the penal code. The document also discusses the objectives, processes, roles and tools involved in criminal investigation, including examining crime scenes, identifying suspects, and preparing cases for prosecution.

Uploaded by

KIMBERLY MARGARETTE RED
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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CRIME- act thar is forbidden or the omission of a duty that is commanded by public law and

offender liable to punishment by that law.


REVISED PENAL CODE OF THE PHILIPPINES- basic law that defines criminal offenses and
provide penalties for the commission of offense. One of the Philippines most enduring pieces of
legislaton

• ACT NO. 3815


• December 08, 1930 – RPC was enacted
• January 01, 1932 – RPC took effect
SPECIAL PENAL LAWS- Legislatve provisions on how to deal with special crimes that is not
covered by the RPC.
MALA IN SE
• Crimes that are considered inherently evil and wrong in itself
• Criminal liability would only arise when there is a criminal intent or negligence in the
commission of the punishable act.
• Crimes are penalized in Revised Penal Code
MALA PROHIBITA
• Crimes that are wrong because it is prohibited.
• Moral trait of the offender is not considered , it is enough that the prohibited act was
voluntary done.
• Crimes are penalized in Special Penal laws

ESSENTIALS OF CRIMINAL INVESTIGATION


Two basic function of police work:
1. Protection of Life and Property
2. Maintenance of Peace and Order
Criminal Investigation is the collection of facts in order to accomplish the three-fold aim.

• It is a process of reconstruction of event, which incorporates logical process of


deductive reasoning that leads to a conclusion based on specific facts
Three fold aim:
a) to identify the guilty party,
b) to locate the guilty party, and
c) to provide evidence to the suspect’s guilt
Six Cardinal Points of Investigation
An investigator must seek to establish the six cardinal points of criminal investigation (PNP.
2011)

• What specific offense has been committed?


• How the offense was committed?
• Who committed it?
• Where the offense was committed?
• When it was committed?
• Why it was committed?

Three Interdependent factors / Elements of Crime


Motive –pushed the perpetrator to commit an act with a definite result in mind
Opportunity –the chance or the occasion to commit the act
Means – the capability of the perpetrator to commit the act using the available tools in hand
The Objective of Criminal Investigation
1. To detect the crime
2. To locate and identify suspects in crimes
3. To arrest suspects in crime
4. To recover stolen property
5. To prepare sound criminal cases for prosecution
The Investigative Process

• This process consists of five simple steps that can be lend order and direction to the
investigation of the crime.
1. Identify and Stat the Problem
2. Form a Hypothesis
3. Test the Hypothesis (Observe and Experiment)
4. Interpret Observations / Results of Experiment
5. Draw a conclusion
3 TYPES OF CRIMES
• CRIMES AGAINST THE PERSONS
• CRIME AGAINST PROPERTY
• CRIMES AGAINST SOCIETY

CRIMINAL INVESTIGATOR: RESPONSIBILITIES AND ESSENTIAL QUALITIES


1.Determine whether the crime has been committed.
2.Decide if the crime was committed within the investigator’s jurisdiction.
3.Discover all facts pertaining to the complaint.
4.Recover stolen property.
5.Identify the perpetrator or eliminate a suspect as the perpetrator.

PRELIMINARY INVESTIGATION
•Investigation usually conducted by the police officer in the field who first responds to the call
for service , or discovers crime progress and it also helps establish that a crime has been
committed and attempts to identify the perpetrator.

THE GOLDEN HOUR – first 72 hours of a murder or kidnapping / abduction investigation.

WAYS OF HOW CRIMES ARE REPORTED


•BY A VICTIM
•BY AN EYEWITNESS
•BY AN ACCOMPLICE
•BY AN ANONYMOUS TIP
•BY AN INFORMANT
TOOLS OF INVESTIGATION
• INFORMATION- refers to the data gathered by an investigator from either the regular or
cultivated sources including the victim, public and private records, modus operandi
files , arrest records and rogue gallery.
• INTERVIEW – refers to the skilful questioning of suspects and witnesses believed to possess
knowledge that is of official interest to the investigator.
• INSTRUMENTATION- refers to the use of forensic technology as a tool in the examination of
physical evidence using established methods.

PROTOCOLS OF INVESTIGATION
1.Jurisdictional Investigation of the territorial unit concerned.
2.Official police blotter – 18”x 12” logbook with hardbound cover that contains the daily
register of all crime incident reports, official summary of arrests, and other significant events
reported in police station.
3.Investigation team and Equipment- all investigation in any police unit must be a graduate of
prescribed investigation course with a rank of at least PO2.
COMPOSITION OF INVESTIGATION TEAM
• Team Leader
• Investigator/recorder
• Photographer
• Evidence custodian
• Composite illustrator/artist
4.DUTIES OF THE FIRST RESPONDER
First Responders- members of the police, military, fire, medical teams, and other volunteer
organizations who are expected to be the first to respond to calls for assistance in cases of
incidents involving
explosives.
5. DUTIES AND RESPONSIBILITIES OF THE INVESTIGATING TEAM
6. INVESTIGATION OF SUBJECTS
SUSPECTS- individuals who are pointed to be by the victim and witness to have had committed
the crime in issue. Subject file is not considered as a criminal unless otherwise his/her
conviction is pronounced in the court.
7. TAKING OF SWORN DOCUMENT OF SUSPECTS- the execution of a suspect’s waiver shall
always be done in the presence of his chosen counsel or any independent counsel.
8. TAKING OF SWORN DOCUMENTS OF THE WITNESSES- sworn statement/ affidavit of
complainant and witness must be taken immediately by the investigator-on-case. Affidavit of
Arrest of arresting officers must be taken immediately not later than 24 hours.
9. PREPARATION OF REPORTS AND FILLING OF CHARGES
a)Spot report within 24 hours to Head Quarters
b)Progress report
c)After report operation report
d)Final report after the case is filed before the prosecutors office/court
e)Accomplishment report
10. PROCEDURE IN THE RELEASE OF THE CRIME SCENE
CRIME SCENE – e venue or place where the alleged crime/ incident /event has been committed.
11. FOLLOW UP OF A CASE – the investigator shall conduct police operation to
identify and apprehend suspect based on the results of the initial investigation
conducted.
12. PREPARATION OF CASE INVESTIGATION PLAN- the conduct of police
operation involving sensational cases, high profile and heinous crimes must be
covered by Case Investigation Plan.
13. ATTENDNACE TO COURT DUTIES - the investigator –on-case and arresting
officers shall endeavor to ensure their attendance during court hearing while Chief of
Police shall supervise and ensure the attendance of witness.
14. UNIFORM OF THE INVESTIGATOR – prescribed uniform should be worn by
investigator when conducting investigation so as to identify them as PNP personnel.
BASIC COMPONENTS AND PROCESS OF CRIME SCENE INVESTIGATION

CRIMES SCENE ACCORDING TO TIME OF COMMISSION


1. DAY TIME CRIME SCENE : from sunrise to sunset ( 6:00am-6:00 PM)
2. NIGHT TIME – from sunset to sunrise( 6:00pm-6:00 am)

CRIME SCENE ACCORDING TO LOCATION


1. INDOOR CRIME SCENE- affords the crime scene protection from weather and allows
investigators to take take time and process the scene in a slow methodical manner, without
concern for weather influences.
2. OUTDOOR CRIME SCENES- most vulnerable to weather condition and present more
problems
3. CONTINUING. MIXED CRIMES SCENES- from indoor to outdoor
4. SPECIAL LOCATION- most difficult to handle because of its nature, it needs special support
resources to process
EXAMPLE : vehicle, air plane , drum , septic tank

CRIME SCENE ACCORDING SOURCE OF EVIDENCE


1. PRIMARY CRIME SCENE – investigation usually begins where the body is originally found
2. SECONDARY CRIME SCENE-
• Where the victims are confirmed.
• Where the assault initially took place.
• Route to and from the preliminary crime scene.
• Method used to transport the victim.
Any place where evidence is located. refers to the post-incident police operational procedures
undertaken at the crime scene when a crime has been committed
• Crimes can’t be solved by a single individual no matter how good he/she is, it needs to be
solved by a team of experts in order to be successful and be shrouded by a veil of stringent
accountability.
THREE COMPONENTS OF CRIME IVESTIGATION
1. First Responder
2. Investigator-on-case
3. Scene on the crime operation
FOUR MAIN TASKS OF FIRST RESPONDER
1. To give first aid
2. To apprehend the suspected offender
3. To protect and if necessary collect and preserve evidence
4. To cordon off and protect the area

THREE COMPONENTS OF CRIME INVESTIGATION


1. FIRST RESPONDER- Members of the police, military , fire, medical teams, and other
rorganizations who are expected to be the first to respond to calls for assistance
2. INVESTIGATOR ON CASE- Refers to the duty investigator duly assigned or designed to
conduct the inquiry of the crime by following a systematic set of procedure
3. SCENE OF THE CRIME OPERATION- The scene of the crime operative refers to the
functional capability of the PNP, crime laboratory performed by its trained personnel

FORENSIC SCIENCE

• Deals with the scientific facts to legal problems and the judicial process.
• FORENSIC- means the analysis of information suitable for use in a court of law, it comes
from the Latin word “forensis” which means forum.
LEGAL MEDICINE

• Associated with death and autopsies, but it also applies in other legal processes, such as
determining whether a violent crime is a homicide, suicide or accident or whether they
constitute negligence, sexual assault, physical abuse or domestic violence.
• PAULUS ZACHHIA- FATHER OF LEGAL MEDICINE
FORENSIC MEDICINE

• Branch of medicine that covers both the fields of forensic pathology and clinical forensic
medicine.
CLINICAL FORENSIC MEDICINE

• Involves an interaction between the loving person , medicine and legal processes
FORENSIC PATHOLOGY

• Subspecialty that deals with the investigation of the sudden, unexpected and/or violent
deaths.
• The main role of the forensic pathologist is to undertake death investigations and
perform medico-legal autopsies.
• PATHOLOGY- means “the study of diseases “
• PATHOLOGIST- physician who determines a patients diagnosis from an examination of a
tissue sample or cells under the microscope
FORENSIC PHYSICIAN

• Tasked to undertake a variety of functions. They have been called police surgeons,
forensic medical officers or forensic medical examiners.
• Involves the examination of living patients who have certain rights and capabilities.
• Most examinations have both therapeutic and forensic aspects.
• Has an obligation to provide necessary and appropriate information to the police to
facilitate the investigation of a crime.
FORENSIC TOXICOLOGY

• Forensic science discipline that deals with the identification and quantification drugs,
poisons and other toxic substances in body tissues and fluids.
• Victims who have been accidentally or purposely poisoned are examined by the
toxicologist to detect substances in the blood, urine , spinal fluid , gastric contents and
tissues.
FORENSIC ANTHROPOLOGY

• The scientific field of physical anthropology is concerned with the study of humans in
relation to their physical characteristics.
• The subspecialty is concerned with the examinations of bones and skeletal remains in
order to provide information about sex, race , age and time of death.
• Forensic anthropologists can differentiate between post-mortem changes to help in
identifying mysterious remains and to determine whether the death was caused by foul
play.

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