Fcii Reviever Cfe
Fcii Reviever Cfe
What is investigation?
- an inquiry, judicial or otherwise for the discovery and collection of facts concerning the
matters involved.
- it is the process of inquiring, eliciting, soliciting and getting vital information, facts,
circumstances in order to establish the truth.
- the act or process of investigating or the condition being investigated.
- It also refers to a search or inquiry for ascertaining facts, detailed or careful
examination.
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1935 Philippine Constitution, Art. 3 Sec. 17 (1) “In all criminal proceedings, the
accused shall enjoy the right to be heard by himself and the counsel.”
1973 Phil. Constitution, Art. 3 Sec. 20
“No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent, to
have a counsel and to be informed of such right. No force, intimidation, or any means,
which vitiate the free will shall be used against him. Any confession obtained in the
violation of this section shall be inadmissible as evidence.”
1987 Phil. Constitution, Art 3 Sec. 12
1. Any person under investigation of the commission of an offense shall have the right
to be informed of his right to remain silent and to have a competent and independent
counsel preferably of his own choice. If the person cannot afford the services of a
counsel, he must be provided with one. These rights cannot be waived EXCEPT in
writing, signed and in the presence of a counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
Republic Act No. 7438
An act defining some certain acts rights of person arrested, detained and or under
custodial investigation as well as the duties of the arresting, detaining, and investigating
officers and providing penalties for violation thereof.
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Is Criminal Investigation an Art or a Science?
As an Art
Criminal Investigation is considered as an art because it is governed by rigid rules or
fixed legal procedures but most often based on intuition (logic and tested knowledge,
immediate learning/consciousness) and sometimes by chance.
As a Science
Criminal Investigation is a science because it involves the application of knowledge of
forensic sciences in the process of identifying, locating, collecting, processing, and/or
evaluating physical evidences.
Goals of Criminal Investigation
1. determine whether a crime has been committed
2. legally obtain information or evidence
3. identify persons involved
4. arrest suspects
5. recover stolen properties
6. present the best possible case to the prosecutor
FORMS OF INVESTIGATION
1. Formal investigation – it refers to offcial inquiry conducted by a goverment agency
in an effort to uncover facts and determine the truth.
2. Inquest – it is an effort to search the basic cause of an incident such as the
commission od the crime.
3. Inquisition – a more historical description than a current usage to describe any
penetrating investigation concerning a religous issue.
4. Probe – Similar to formal investigation, is an extensive, searching inquiry conducted
by a goverment agency.
5. Research – it is most employed type of investigation refer to the cureful, patient
investigation done by scietist of scholars im their effort to indentify original sources of
data or cause of problem.
6. Investigative Reporting – relatively speaking, is a recent type of investigation
pursued by the member ofthe press onthier own intiative.it is designed to satisfy two
purposes
a. to acttarct readers/viewers
b. to get to the roots of the problem
1. Criminal Investigation vs Non-Criminal Investigation
▪ Criminal Investigation - carried out by the police.
▪ Non-Criminal Investigation - involves on non-criminal incidents or events.
2. Reactive Investigation vs Proactive Investigation
▪ Reactive Investigation - initiated on the basis of a complaint.
Categories of Reactive Investigation
a. Walk-through - Suspect is easily determined and located.
b. Where-are-they- Suspect has been tentatively identified but has not been located.
c. Whodunit- This is a case in which no suspects are initially identified.
▪ Proactive Investigation - these are designed to catch a criminal in the act of
committing a crime.
a. Decoy operations are of blending and decoy types to catch criminals in flagrante
delicto.
b. Undercover operations usually in the form of buy-bust and entrapment.
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1. Good communication
- the capability of the investigator to interact both in written and oral. They can do
effective interviews either to the witness or suspect as well as to write a written report.
2. Active listener
- the ability of the investigator to attentively hear the testimony given by a witness and
able to identify hearsay or false statements.
3. Critical thinking
- analytical skills of the investigator while he formulates judgment based on the
testimonies given by the witnesses and evidence gathered.
4. Work under pressure
- capacity of the investigator to go through the investigation process despite obstacles
and hindrances that he may encounter such as but not limited to lack of resources,
inadequate investigative leads and clues and others.
5. Innovativeness
- flexibility and resourcefulness of the investigator in trying to uncover the identity and
location of the perpetrator.
6. Integrity
- this refers to the honor and honesty of the investigator in solving the case and avoiding
unethical issues that will discredit his image.
7. Knowledge about rules on evidence
- knowledge of the investigator about evidence handling which includes but is not limited
to preservation, marking, tagging, packaging and the requirements as to how such
evidence will be admitted in court during presentation.
Characteristics of a Competent Criminal Investigator
1. Perseverance
- refers to steadfastness, persistence and resolution to bring the desired conclusion in
spite of obstacles connected with criminal investigation.
2. Endurance
- Ability of investigator to last physically and mentally.
3. Incorruptible Honesty and Integrity
- refer to the degree of honesty and integrity of the investigator on several temptations.
4. Acting Ability
- refers to the ability of the investigator in stooping down the level of the subject with
respect to age, education, profession etc.
5. Mastery of the Oral and Written Communication
- should have a basic knowledge on both oral and written communication in probing a
certain issue in order that he will not suffer setback in getting the accurate facts
especially in the preparation of reports.
6. The keen power of observation and description
- should be a keen observer and knows how to accurately describe everything.
7. Courage Sense of justice and Fair Play
- moral fortitude of the investigator to tell the truth irrespective of who gets hurt.
8. Technical Knowledge
- refers to the investigator’s capability of defense tactics, use of firearms and the like.
9. Knowledge of Criminal Law
- investigator should have basic knowledge on legal matters concerning investigation
10. Intelligence and Wisdom of Solomon
- this is every important in order that the investigator could easily decipher falsehood
from truth and separate the grain from the chaff.
11. The Power to read between the lines
- this refers to the ability of the investigator to interpret the words and phrases
encountered in the process of investigation into their deeper meaning in order to arrive
with concrete meaning of a certain statement.
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Who – the question used to inquire the identity of the victims, or offended party, name
of the suspect, accomplices, accessories and witnesses of crime.
What – the purpose of these types of questions is to find out what happened or what
took place before, during and immediately after the commission of the offense.
Where – the question that localized the place of the incident-city or town, district or
barangay, the street or road, the number of the house or building. These questions are
necessary in pinpointing the particular location of the crime.
When – these questions needed to determine and fix the time, day, month and the year
when crime was committed.
Why – these are questions that endeavor to ascertain the motives, causes,
antecedents, previous, incidents, related facts, background occurrences that might help
explain the commission of the offense.
How – these are designed to help the investigator determine how the crime was
committed, the means and tools employed, how the crime was discovered, how the
culprit enters the building/rooms.
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INFORMATION
-knowledge or fact which the ivestigator had gathered or acquired from persons or
documents, which are pertinent or relevant concerning the commission of the crime or
criminal activities.
INETRVIEWAND INTERROGATION
- both are similar in terms of their purpose that is to acquire information. However, they
differ in a manner as to how they gather and collect information.
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RAHAB
The Harlot of Jericho (Joshua 2:1-21) who sheltered and concealed the agents of
Israel, made a covenant with the agents and duped their pursuers. She was not only
an impromptu confederate of immense value for the Jewish leader of that far distant
day, but also established a plot-pattern which is still of periodic relief to motion
picture producers.
DELILAH
The Philistine used her when she allowed Philistine spies to hide in her house
(Judges 16:1-19). Delilah was an impromptu intelligence agent. Apart from her
tonsorial specialty, she also allowed sex to gain intelligence from a powerful enemy.
She achieved the largest effective force of her employer’s adversaries and contriving
the stroke which put that force out of action.
What is Information?
- It refers to an organized or structured data which has been processed in such a
way that the information now has relevance for a specific purpose or context, and is
therefore meaningful, valuable, useful and relevant.
- It is an unprocessed data of every description which may be used in the production
of intelligence.
- It is raw, unanalyzed data that identifies persons, evidence, and events.
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FORMS OF INTELLIGENCE
1. Sociological intelligence – deals with the demographic and phychological
aspects of the groups pf people.
2. Biographic intelligence – deals with indivual personalities who have actual
possession of power.
3. Armed force intelligence – deals with the armed force of the nation
4. Geographic intelligence – deals with progress of research and development as
it affects the aeconomic and military potential of nation.
Functional classification of police intelligence
Police intelligence - It is the end product resulting from the collection, evaluation,
analysis, integration, and interpretation of all. available information regarding the
activities of criminals and other law violators for the purpose of affecting.
1. Criminal intelligence (CRIMINT) - refers to the knowledge essential to the
maintenance of and investigation, arrest, and prosecution of criminal offenders.
2. Internal security intelligence (INSINT) – refers to the knowledge essential to
ensure the protection of lives and properties.
3. Public safety intelligence (PUSINT) – refers to the knowledge essential to
ensure the protection of lives and properties.
KINDS OF INTELLIGENCE
A. Strategic Intelligence - it is an intelligence data that are not of an immediate
value. It is usually descriptive in nature, accumulation of physical description of
personalities, modus operandi. It does not have immediate operational value but
rather long range that may become relevant to future police operations.
B. Line intellligence – it is the an intelligence required by the commsnder to
provide for planning and conduct tactical and administrative operation in the
counter insurgency. This pertains to knowledge of People, Weather, Emeny and
Terrain (PWET) used in planning and conduting tactical and administravtive
operation in a counter insurgency.