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Specialized Crime Investigation: With Legal Medicine

The document discusses homicide investigation and crimes against persons resulting in death. It outlines the primary responsibilities of a homicide investigator which include determining if a crime occurred, how it was committed, who committed it, when it occurred, and sometimes why. Investigators must consider all evidence from the victim's perspective and handle cases competently to avoid releasing a guilty person. Mistakes made during homicide investigations, such as moving a body, cannot be corrected. The document also defines and provides penalties for crimes resulting in death, including parricide, murder with attendant circumstances, homicide, and infanticide.

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613 views4 pages

Specialized Crime Investigation: With Legal Medicine

The document discusses homicide investigation and crimes against persons resulting in death. It outlines the primary responsibilities of a homicide investigator which include determining if a crime occurred, how it was committed, who committed it, when it occurred, and sometimes why. Investigators must consider all evidence from the victim's perspective and handle cases competently to avoid releasing a guilty person. Mistakes made during homicide investigations, such as moving a body, cannot be corrected. The document also defines and provides penalties for crimes resulting in death, including parricide, murder with attendant circumstances, homicide, and infanticide.

Uploaded by

Apple Asne
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SPECIALIZED CRIME

INVESTIGATION
WITH LEGAL MEDICINE

LESSON SIX: HOMICIDE INVESTIGATION


Homicide Investigation is the official inquiry made by the police on the facts and circumstances
surrounding the death of a person which is expected to be unlawful.

Primary Job of the Investigator


1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator


1. When called upon to investigate violent death, he stands on the dead man’s shoes to produce his instincts
against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference between a
murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal justice.

Mistakes in the Homicide Investigation


1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind him. It is important
that competent personnel adequately handle the case.

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated
Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

Title Eight
CRIMES AGAINST PERSON
(Destruction of Life)

Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate or illegitimate,
or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.
Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.
Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other
ascendant or other descendant, or the legitimate spouse, of the accused.

Art. 247. Death or physical injuries inflicted under exceptional circumstances– Any legally married person
who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill
any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical
injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Penalty:
Destierro (prohibition to enter the place or places designated in the sentence, nor within the radius
therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

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Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another, shall be
guilty of murder and shall be punished by reclusion perpetua to death, if committed with any of the following
attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed men, or employing means to
weaken the defense or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon
a railroad, fall of an airship, or by means of motor vehicles or with the use of any other means involving great
waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive cyclone, epidemic
or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing
at his person or corpse.

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.


Elements of murder:
1. That a person is killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
4. The killing is not parricide or infanticide.

TREACHERY
Plain and simple, there is treachery if the offended party was not given opportunity to make a defense.

MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a design form
to do something before it is done.
The essence of premeditation is that the execution of the criminal act must be preceded by COOL
THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during the space of time
SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning

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EVIDENT – Clear to the eye or judgment.

ART. 249. Homicide – Any person who, not falling within the provisions of Article 246 (Parricide) shall kill
another, without the attendance of any of the circumstances enumerated in the next preceding article (Article
248), shall be deemed guilty of homicide.
Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255 .Infanticide


The killing of a child less than three days of age, whether the killer is the parent or grandparent, any
other relative of the child, or a stranger.
Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the child to conceal dishonor, she shall
suffer the penalty of prision mayor (6 years & 1 day to 12 years imprisonment) in its medium and maximum
periods. If committed by maternal grandparents or either of them, the penalty shall be reclusion temporal (12
years& 1 day to 20 years imprisonment).

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