FUNDAMENTALS OF CRIMINAL INVESTIGATION

Criminal Investigation

Is an act and applied science which

deals with the identity and location of
the offender and gather pieces of
evidence to prove the guilt of an
accused in a court proceedings.
 Criminal Investigator

Is a person who is charged with the duty of

carrying the objectives of investigation ,such as:

 Identify the criminals

 Locate and arrest the offender
 Gather evidence to prove his guilt
 Attend court duties as prosecution witness
 Basic Functions of Investigator
 Providing emergency assistance
 Securing the crime scene.
 Photographing and sketching.
 Takings notes and writing reports.
 Searching for, obtaining and processing physical evidence.
 Obtaining information from witnesses and suspects.
 Identifying suspects.
 Conducting raids, surveillance , stakeout and undercover
assignments.
 Testifying in court.
 Investigation monitoring and research.
 Three Tools or Three “I”s of
Investigation
Information - refers to any data or knowledge which
the investigator gathered and acquired from other
persons including the victim himself and from other
sources , such as:

a. Public Records
b. Private Records
c. Modus Operandi File
 Three Tools or Three “I”s of
Investigation
Interrogation - is the vigorous skillful questioning of
a hostile witnesses and suspects who are reluctant to
divulge information. This is also known as Custodial
Investigation.
 Three Tools or Three “I”s of
Investigation
Instrumentation - scientific examination of real
evidence and qualification of instruments and
methods of physical sciences in the detection of crime
such as ballistics, fingerprint, chemistry, polygraphy
and others. It is otherwise known as Criminalistics.
 Cardinal Rules or Points of
Investigation

 WHAT offense has been committed?

 WHERE was the offense committed?
 WHO committed the offense?
 WHEN was the offense committed?
 WHY was the offense committed?
 HOW was the offense committed?
 Goals of Criminal Investigation

 Determine if crime has been committed.

 Legally obtain information and evidences to
identify persons responsible.
 Arrest of the suspects.
 Recover stolen property.
 Complete presentation of case to appropriate
authority.
 Kinds of Criminal Investigation

 In-Custody Investigation
 At large Investigation
 Crime Scene Investigation
 In-Custody Investigation

In custody investigation is conducted by the

investigator if the suspect or perpetrator of the crime
is under arrest by virtue of warrantless arrest.
 Section 12,Art III of the Constitution
(Miranda Doctrine)

1. Any person under investigation for the commission of an

offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the
presence of counsel.
 Section 12,Art III of the Constitution
(Miranda Doctrine)

2. No torture, force, violence, threat, intimidation , or

any other means which vitiates the free will shall be
used against him. Secret detention places, solitary,
incommunicado , or other similar forms of detention
are prohibited.
 Section 12,Art III of the Constitution
(Miranda Doctrine)

3. Any confession or information obtained in violation

of this or Section 17 hereof shall be inadmissible in
evidence against him.
 Section 12,Art III of the Constitution
(Miranda Doctrine)

4. The Law shall provide for penal and civil sanctions

for violations of this section, as well as compensation
to and rehabilitation of victims of torture or similar
practices, and their families.
 Role of an Investigator
 Afford the arrested suspect of his constitutional rights.
 Inform the arrested suspect of the accusation imputed
against him.
 Confront the victim and witnesses with the suspects.
 Detain the suspect in the temporary detention cell.
 Inventory of the recovered pieces of evidence.
 Markings of the recovered pieces of evidence.
 Record the synopsis of the case in the Official Blotter Book.
 Observance of the Chain of Custody of evidence.
 Prepared the necessary documentation.
 Filing of the case with the Prosecutors office.
 Reglementary Period of Arrest

The arresting officers as well as the investigator must be

aware of the limited period of time afforded to them to
prepare and complete the necessary documents and evidence
to be presented with the Inquest Prosecutor to wit :

 Twelve (12) hours for Light Offenses.

 Eighteen (18) hours for Less Serious offenses.
 Thirty Six (36) hours for Serious or Grave offenses.
 Modes of Filing of Criminal Case
1. Inquest Filing – is a mode of filing of criminal
complaint before the Prosecutors Office against the
arrested suspect.
 Modes of Filing of Criminal Case

Q: Can a suspect who voluntarily surrendered in the

police station be subject to inquest?

A: Yes, a suspect who voluntarily surrendered in a

police station can be subjected to inquest
proceedings.
 Modes of Filing of Criminal Case

Under Section 2, Rule 113 – Arrest is made by

ACTUAL RESTRAINT of a person to be arrested,
or by his SUBMISSION TO THE CUSTODY of a
person making the arrest.
 Modes of Filing of Criminal Case
2. Regular filing - is a mode of filing a criminal case
in the Prosecutors Office if the suspect is not arrested
or cannot be immediately arrested.
 Phases of Criminal Investigation
The main objective of a police investigator is to gather
all facts in order to:

1. Identify the criminal through:

a. Confession
b. Eyewitness Testimony
c. Circumstantial Evidence
d. Associative Evidence
2. Trace and Locate the criminal.
3. Proved by evidence the guilt of the suspect.
 Methods of Identifying Criminals

1. Thru Confession - is a direct acknowledgment by

the accused in a criminal case of the truth of his guilt
as to the crime charged or of some facts of the
commission of the criminal act itself.
 Methods of Identifying Criminals

2. Thru Admission - is the statement of facts by the

accused in a criminal case which do not directly
involved the acknowledgment of guilt in the
commission of crimes for which he is charged.
 Additional Requirements for
Confession or Admission to Prove
the Guilt of the Accused
 It must be supported by other corroborative
evidence

 The Corpus Delicti must be established.

 The confession must be voluntary and freely given.

 How to Prove the Existence of
Corpus Delicti?
 There exist certain state of fact which forms the basis of
the criminal act charged ; and

 The existence of a criminal agency which caused the state

of fact to exist .The state of fact must be proved by positive
and direct evidence but circumstantial evidence is
sufficient.

 By Identification and Testimonies of Eyewitnesses

 How to Prove the Existence of
Corpus Delicti?
Kinds of Criminal Identified by Witnesses

 Known Criminals
 Unknown Criminals

Methods of Identification by witnesses

 Verbal Description
 Photographic Files
 General Photograph
 Artist Assistance
 The Police Line-Up
 How to Prove the Existence of
Corpus Delicti?
 By the Identification Based on Circumstantial Evidence. This is the
identification established indirectly by proving other facts or
circumstantial from which, either alone or in connection with other
facts, the identity of the suspect can be inferred. To be admissible, the
law requires that at least two (2) or more circumstantial evidence must
be established in order to suffice conviction of the accused.
 How to Prove the Existence of
Corpus Delicti?
Sources of Circumstantial Evidences:

a. Motive
b. Opportunity
c. Intent
 How to Prove the Existence of
Corpus Delicti?
 By Identification Based on Associative Evidences. These are the
physical evidences which may identify the criminal by means of clues,
personal properties, or the characteristics pattern of procedure
deduced from the arrangement of objects at the crime scene.
 Tracing and Locating the Criminals
through the Use of Informants.

a. Informants - is a person who gives information to the

investigator without any monetary or valuable consideration.

b. Informer – Is a person who gives information with

consideration of reward or monetary value.
 Tracing and Locating Criminals by
Surveillance

 Surveillance - is the disguised or secret observation of

places, persons and vehicles for the purpose of obtaining
information concerning the identities or activities of the
subject or criminals.

 Surveillant - is the person who maintains the surveillance

or performs the observation.

 Subject - is the person or place being watched or surveyed.

 Tracing and Locating Criminals by
Surveillance

Kinds of Surveillance:

 Surveillance of places
 Tailing of Shadowing
 Undercover Investigation or “Roping”
 Tracing and Locating Criminals by
Surveillance
Types of Shadowing:

 Loose Tail - one employed where a general impression of the

subject’s habit and associates is required.

 Rough Shadowing - this could be done even without special

precaution since the criminal is aware that he is being tailed or
shadowed.

 Close Tail - this is done so much precaution from losing the subject
where constant surveillance is necessary.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Interview- is the questioning of a person who is
believed to possess knowledge that is of official
interest the investigator. It is important because in
most cases, interview is the only source of information
and a greater part of the investigation is devoted to it.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Know-Nothing Type - These are persons who

are reluctant to become witnesses and
particularly true among uneducated persons.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Disinterested Type - These are indifferent

and uncooperative persons who must be
aroused first. He should be flattered to
develop a pride in his ability to supply
information.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Drunken Type - Flattering words will

encourage the drunken person to answer the
questions and develop interest.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Suspicious Type - fear must be removed and

the investigator should apply psychological
pressure.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Talkative Type - The investigator must find

ways and means to shift his talkativeness to
those matters useful in the investigation.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Honest Witness - These types of persons are

cooperative and ideal witness who needs little
care and guidance during the investigation/
they are helpful to the investigator.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Timid Type - The investigator should employ

friendly approach in these type of persons.
More time should be spent for him explaining
that the information obtained will be treated
as confidential matter.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Boasting Type - These are egoistic persons.

Patience and flattery are necessary for they
will be good witness because of his drive
towards self-expression.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS

Types and Attitude of Subjects Interviewed

 Deceitful Witness - this type of witness

must be permitted to tell lies until he well
enmeshed with falsehood and
inconsistencies.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Interrogation - Is the questioning of a person
suspected of having committed an offense or of a
person who is reluctant to make full disclosure of
information in his possession which is pertinent to
the investigation.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Selecting the Technique of Interrogation

1. Emotional Appeal
2. Friendly Approach:
a. As the Helper Advisor
b. As the Sympathetic Brother
c. Extenuation
d. Shifting the Blame
d. Role of “Mutt and Jeff”
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Selecting the Technique of Interrogation

3. Creating of Increasing the feeling of Anxiety:

a. By Exaggerating Fear
b. The Choice of Greater or Lesser Guilt
c. The Line-up Method
d. The Reverse Line
e. The “Bluff on a Split Pair”
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Selecting the Technique of Interrogation

4. The Stern Approach:

a. Pretense of Physical Evidence
b. Jolting
c. Indifference
d. Questioning as a Formality
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Physiological Symptoms of Guilt:

 Sweating
 Color Change
 Dry Mouth
 Inability to look in the eye straight
 Fidgeting
 Excessive movement of Adams apple
 INTERVIEWS AND
INTERROGATIONS OF CRIMINALS
Types of Interrogation:

 Narrative Type
 Question and Answer Type