FUNDAMENTALS OF CRIMINAL INVESTIGATION

LEARNING OBJECTIVES
• Equip the participants with the proper approaches, techniques and
procedures in initial investigation;
• Enhance the basic knowledge of the participants/students in the field of
criminal investigation;
• Inculcate guidelines in criminal investigation that will greatly increase
proficiency of an investigator, especially when applied to actual work
experience;
• Indoctrinate desired attributes which an investigator must have to carry
out the job’s duties and responsibilities.

SUBJECT MATTERS
• Report of incident to a Police Unit;
• First Responder/s proceed to the crime scene;
• Investigator-On-Case arrive at the crime scene;
• Investigator-On-Case request for SOCO Assistance;
• Investigator-On-Case turn-over Crime Scene to the SOCO;
• Conduct of SOCO by Crime Laboratory;
• Release of Crime Scene to investigator-on-case.

FACTS, NOT OPINION, ARE THE HEART OF GOOD INVESTIGATION

“POLICE OFFICERS ARE
TAUGHT TO THINK IN TERMS OF PROBABLE CAUSE;
BUT THEY SHOULD ALSO BE TAUGHT IN TERMS OF PROOF
BEYOND REASONABLE
DOUBT”
PROBABLE CAUSE
• AS such reasons supported by facts and circumstances as will
warrant a cautious man in the belief that his actions and the
means taken in prosecuting it, are legally just and proper.
INVESTIGATION
• This is an inquiry into allegations, circumstances or
relationships in order to obtain factual information.
CRIMINAL INVESTIGATION
• IS A LAWFUL SEARCH FOR PEOPLE AND THINGS USEFUL IN
RECONSTRUCTING THE CIRCUMSTACES OF AN ILLEGAL ACT OR
OMISSION AND THE MENTAL STATE ACCOMPANYING IT.
(Criminal Investigation, Basic Perspectives: Paul B. Weston and
Kenneth M. Wells)
• IS A LEGAL INQUIRY BY VIRTUE OF A COMPLAINT TO FOLLOW-
UP EXAMINE, TRACE AND SEARCH, STEP BY STEP BY PATIENT
AND METICULOUS OBSERVATION, THE FACT OF THE
COMMISSION OF A CRIME, THE IDENTITY OF THE ACTORS, AND
THE CIRCUMSTANCES ATTENDANT THERETO, BY CAREFUL
EVALUATION OF ALL AVAILABLE EVIDENCE TO THE END THAT
VIOLATORS OF LAW BE BROUGHT TO THE BAR OF JUSTICE, AND
THE INNOCENT BE RELIEVED THEREFORM.

Approaches to a criminal investigation

• A criminal investigation must necessarily proceed as a legal
inquiry by virtue of a complaint based on a given set of facts,
after the commission of an act or omission;
• The act or omission subject matter of a criminal investigation
“must be a felony or an offense punishable by law”
Approaches. . .
• As a general rule, criminal investigation is not concerned with
the arrest of the felon.
• The process of criminal investigation requires “patient and
meticulous observation, step by step, to establish the fact of
the commission of a felony or of a crime, the identity of the
subjects, and the circumstances attendant thereto, by careful
and meticulous evaluation of evidence, to bring the culprit to
the bar of justice, or the innocent be relieved therefrom”.
What is a complaint?
• This is a sworn written statement, charging a person with an
offense, subscribed by the offended party, any peace officer or
other public officer charged of the enforcement of the violated.

Requisites of a Complaint in relation to Criminal Investigation

• There must be an offended party;
• The complaint must be reduced into writing;
• The complaint must be signed by the offended party, any peace
officer or other public officer charged of the enforcement of
the law violated.
• The complaint must be under oath, that is subscribed and
sworn to before a proper administering officer
Requisites. . .
• The complaint must charge an offense;
• The offense may be either a felony as defined under the
Revised Penal Code or another form of crimes as provided in
the special law.
Two (2) Kinds of Criminal Investigation
• Investigation while the suspect is under arrest and detention;
• Investigation while the suspect is “at large”, as distinguish from
fugitive from justice.
POLICE INVESTIGATION
• THE ACTION OF INITIATING A METICULOUS INQUIRY TO A
FORMAL COMPLAINT FILED BY THE PRIVATE AGGRIEVED
PARTY OR PUBLIC COMPLAINANT AFTER THE FACT OF THE
INCIDENT, BUT NO ARREST CAN BE LEGALLY EFFECTED
AGAINST THE SUSPECT AS THE CIRCUMSTANCES ATTENDANT
THERETO ARE NOT THOSE SPECIFICALLY ALLOWED BY LAW
(Comprehensive Criminal Investigation Procedure: Sadile and
Peña)
POLICE OPERATION
• THIS IS A LAWFUL CLANDESTINE INTELLIGENCE AND
DETECTIVE NETWORKING TO GATHER INFORMATION AND
PIECES OF EVIDENCE TO DETERMINE WITH CERTAINTY THE
COMMISSION OF A CRIME, THE IDENTITY OF THE
PERPETRATORS THEREOF,AND AS MAY BE NECESSARY, TO
ARREST THE CULRPITS UNDER THOSE INSTANCES AS
AUTHORIZED BY LAW. (supra)

THREEFOLD AIM OF INVESTIGATION

• TO IDENTIFY THE CRIMINAL ;
• TO LOCATE THE GUILTY PARTY; AND
• TO PROVIDE EVIDENCE OF HIS GUILT IN A CRIMINAL
PROCEEDING.
THE SIX (6) CARDINAL POINTS OF INVESTIGATION
• WHAT SPECIFIC OFFENSE HAS BEEN COMMITTED?
• HOW THE OFFENSE WAS COMMITTED?
• WHO COMMITTED IT?
• WHERE THE OFFENSE WAS COMITTED?
• WHEN IT WAS COMMITTED?
• WHY IT WAS COMITTED?

THE ABC’s OF CRIMINAL INVESTIGATION

• MAKE CERTAIN AS SOON AS POSSIBLE WHETHER OR NOT A
VIOLATION HAS BEEN COMMITTED.
• RESPOND PROMPTLY TO A CRIME.
• THERE IS NO SUBSTITUTE FOR A THOROUGH INVESTIGATION.
• ASK A LOT OF QUESTIONS WHEN SEEKING INFORMATION.
• RECOGNIZE THE FACT THAT CRIMINALS COME FROM ALL
WALKS OF LIFE.
• DO NOT COMMIT YOURSELF AS TO THE GUILT OR INNOCENCE
OF ANYONE AT A CRIME SCENE.
• BEAR IN MIND THAT YOUR CONDUCT IN INVESTIGATION
MAYBE CHALLENGED IN COURT.
• NEVER ESTIMATE YOUR ADVERSARY.
• DO NOT BE OVERCONFIDENT.
• INTERVIEW, DO NOT BE INTERVIEWED.
• DO NOT JUMP TO CONCLUSION.
 • ACT FAST, AND PUT FIRST THINGS FIRST.
• OPERATE ON THE PREMISE THAT A CRIMINAL BRING
SOMETHING INTO A CRIME SCENE, LEAVE SOMETHING BEHIND,
OR TAKES SOMETHING OUT.
• LOOK FOR “DISTURBED AREAS”.

THE “ABC’S” …
• SEEK THE ANSWER TO THE QUESTION: WHY WAS THIS
PARTICULAR PERSON OR PROPERTY VICTIMIZED?
• PAY PARTICULAR ATTENTION TO THE MODUS OPERANDI IN
EVERY CRIME SITUATION.
• NEVER TAKE THINGS FOR GRANTED.
• WORK WITH THE EVIDENCE AT HAND.
• MAKE THE GOAL OF THE INVESTIGATION OF A CRIME THE
CONVICTION OF THE PERPETRATORS.
• APPRECIATE THE IMPORTANCE OF ACCURATE OBSERVATION,
RECORDING, COLLECTION AND PRESERVATION
• RECOGNIZE THE VALUE OF CRIMINALISTICS.
• KNOW THE VALUE OF TEAMWORK.
• DEVELOP INFORMANTS AND SOURCES OF INFORMATION.
• COMPETENCE AS AN INVESTIGATOR IS ACHIEVED BY HARD
WORK, ATTENTION TO DETAIL, SACRIFICE, DEVOTION TO
DUTY, STUDY, AND CONTINUING EDUCATION.
THE “ABC’S” …
• NO INVESTIGATION IS TOO SMALL OR TOO GREAT TO JUSTIFY
THE FALSIFICATION OR FABRICATION OF THE FACTS.
 • REQUISITES FOR A SUCCESSFUL INVESTIGATOR
• SUSPICION
• CURIOSITY
• OBSERVATION
• MEMORY
• ORDINARY INTELLIGENCE AND COMMON SENSE
• UNBIASED MIND
CONTINUATION. . .
• AVOIDANCE OF INACCURATE CONCLUSION.
• PATIENCE, UNDERSTANDING, COURTESY.
• ABILITY TO PLAY A ROLE.
• ABILITY TO GAIN AND HOLD CONFIDENCE.
• PERSISTENCE AND TIRELESS CAPACITY FOR WORK.
• KNOWLEDGE OF THE CORPUS DELICTI OF CRIMES.
• INTEREST IN SOCIOLOGY AND PSYCHOLOGY.
• ABILITY TO RECOGNIZE PERSONS WHO ARE LIKELY TO BE THE
SUBJECT OF POLICE INVESTIGATION.
• RESOURCEFULNESS.
• KNOWLEDGE OF INVESTIGATIVE TECHNIQUES.
• ABILITY TO MAKE FRIENDS AND SECURE THE COOPERATION OF
OTHERS.
• TACT, SELF-CONTROL, AND DIGNITY.
• INTEREST IN JOB AND PRIDE OF ACCOMPLISHMENT.
• LOYALTY.
 TOOLS OF AN INVESTIGATOR IN GATHERING OF FACTS
TOOLS OF AN INVESTIGATOR IN GETHERING FACTS

• INFORMATION
• INTERROGATION
• INSTRUMENTATION /
CRIMINALISTICS

PHASES OF INVESTIGATION
• IDENTIFY THE CRIMINAL;
• TRACE AND LOCATE THE CRIMINAL; AND
• PROVED BY EVIDENCE THE GUILT OF THE ACCUSED.

IN PROVING THE GUILT OF THE ACCUSED IN COURT:

• THE FACT OF THE EXISTENCE OF THE CRIME MUST BE
ESTABLISHED;
• THE DEFENDANT MUST BE IDENTIFIED AND ASSOCIATED WITH
THE CRIME SCENE;
• COMPETENT AND CREDIBLE WITNESSES BE AVAILABLE; AND
• THE PHYSICAL EVIDENCE MUST BE APPROPRIATELY AVAILABLE.

METHODS OF IDENTIFYING THE OFFENDER

• CONFESSION
• EYEWITNESS TESTIMONY
• CIRCUMSTANTIAL EVIDENCE
• ASSOCIATE EVIDENCE
STANDARD METHODS OF RECORDING INVESTIGATIVE DATA
• PHOTOGRAPHS
• SKETCHES OF CRIME SCENE
• NOTES ABOUT THE CRIME
• FINGERPRINTS FOUND AT THE SCENE
• PHYSICAL EVIDENCE GATHERED
• PLASTER CAST

CONTINUATION. . .
• TAPES OF SOUND OR VOICES
• VIDEO TAPE RECORDS OR OBJECT OR SOUNDS
• WRITTEN STATEMENTS OF SUBJECTS AND WITNESSES
• COMPUTER PROGRAMMED AND OBJECTS

GOALS OF CRIMINAL INVESTIGATION

• DETERMINE IF CRIME HAS BEEN COMMITTED;
• LEGALLY OBTAIN INFORMATION AND PIECE OF EVIDENCE;
• ARREST THE SUSPECT;
• RECOVER STOLEN PROPERTY; AND
• COMPLETE PRESENTATION OF CASE TO APPROPRIATE
AUTHORITY.
 "BEHIND EVERY CRIME
IS A PERPETRATOR;
AND IN EVERY CRIME SCENE,
THE CRIMINAL ALWAYS LEAVES
INDELIBLE TRACES OF HIS
FELONIOUS ACT"
(THERE IS NO SUCH THING AS PERFECT CRIME)

"IF YOU ELIMINATES THE

IMPOSSIBLE, WHATEVER IS LEFT,
HOWEVER IMPROVABLE,
MUST BE THE TRUTH"

Thank You