Special Crime Investigation

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SPECIAL CRIME INVESTIGATION

OUTCOMES (18)

 Recognize the basic concepts of special crime investigation


 Enumerate the methods and techniques in the investigation of
special cases involving persons, rape, parricide, murder,
homicide, infanticide, abortion, property, etc.
 Recall and recognize the approaches and procedures in crime
scene search , sketch, photography, collection and preservation
of evidence ;
 Demonstrate the appropriate documentation procedures of the
crime scene
 Detect and validate the methods and techniques in
the processing and identification of deceased victims
 Apply the identification, proper collection, marking
and preservation of evidence and the chain of custody
requirements
TOPICS

THE BASIC CONCEPTS OF SPECIAL CRIME INVESTIGATION

Criminal Investigation – It is the collection of facts in order to accomplish


the three-fold aims – to identify the guilty party; to locate the guilty
party; and to provide evidence of his (suspect) guilt.

Special Crime Investigation- deals with the study of major crimes based
on the application of special investigative techniques.

SOCO Assistance

In cases where the crime scene needs special processing due to its
significance or because of its sensational nature, the Scene of the
Crime Operation (SOCO) specialists of the Crime Laboratory shall be
requested.

Criminal Investigator – A public safety officer who is tasked to conduct


the investigation of all criminal cases as provided for and
embodied under the Revised Penal Code/Criminal Laws and Special
Laws which are criminal in nature.

Seek to establish the six (6) cardinal points of investigation, namely:

What specific offense has been committed;


Who committed it;
Where the offense was committed;
When it was committed;
Why it was committed; and
How the offense was committed;

Methods of Identification of a Criminal

Criminal are identified thru the following:

1. Confession and Admission


2. Statement of witnesses
3. Circumstantial Evidence
4. Associative Evidence
A. Confession- is a declaration made at any time by a person,
voluntarily and without compulsion or inducement, stating or
acknowledging that he had committed or participated in the
commission of a crime.

Admission- is usually applied in criminal cases to statements of fact by


the accused which do not directly involve an acknowledgment of the guilt of the
accused or of criminal intent to commit the offense with which he is charged.

Rules in Confession

(1) the confession must be voluntary;


(2)it must be made with the assistance of a competent and independent
counsel, preferably of the confessant's choice;
(3) it must be express; and
(4) it must be in writing
B. Eye-Witness Testimony

Witnesses- all persons who can perceive, and can make their
perception known to others, may be witnesses.

Ordinary Witness- An ordinary witness is someone who


personally saw or heard something about the crime.

Expert Witness- An expert witness is someone who has


special expertise about an element of the crime.

Methods of Identification made by eyewitness

1. Verbal Description- (portrait parle) an act of vividly describing in words the


appearance of a person by comparing and thru personal appearance.
2. Photographic files (Rogues Gallery) a collection of photographs of known
criminals, used by police to identify suspects.
3. General photograph- files of photograph in any given establishment.
4. Artist Assistance or composite sketches- drawing or sketching
the description of a person’s face by the cartographer.
5. Police line-up- selecting the suspect from a group of innocent persons.

C. Circumstantial Evidence- Evidence of circumstances which are strong


enough to cast suspicion upon the defendant and which are sufficiently strong
to overcome the presumption of innocence, and to exclude every hypothesis
except that of the guilt of the defendant.

D. Associative Evidence- Any evidence that can link a person to the scene.
This may include items such as fingerprints, blood and bodily fluids, weapons,
hair, fibers and the like.

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS (3 I’s)

a. Information – Data gathered by an investigator from other persons


including the victim himself and from:

6. Public records;
7. Private records; and
3. Modus Operandi file.

b. Interview/Interrogation– Questioning of witnesses, suspects, and


offended parties.
-Interview- An interview is the questioning of a person believed to
possess knowledge that is in official interest to the investigator.

-Interrogation- An interrogation is the questioning of a person


suspected of having committed an offense or of a person who is reluctant to
make a full disclosure of information in his possession which is pertinent to the
investigation.

c. Instrumentation– Scientific examination of real evidence,


application of instrument and methods of the physical sciences in detecting
crime.
SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION

a.Fingerprinting (Dactyloscopy)
b.Photography
c. Forensic Chemistry
d.Medico-legal
e.Forensic Ballistics
f. Questioned documents examination
g.Polygraphy
h.DNA Analysis

THE METHODS AND TECHNIQUES IN THE INVESTIGATION OF


SPECIAL CASES INVOLVING PERSONS, RAPE, PARRICIDE,
MURDER, HOMICIDE, INFANTICIDE, ABORTION, PROPERTY, ETC.

CRIME AGAINST PERSONS

HOMICIDE

a. What law punishes the crime


of Homicide?
- Revised Penal Code Article 249

b. What are the elements of Homicide?

1.Homicide is the killing of any person which does not constitute parricide,
infanticide or murder and it is not attended by any justifying circumstances.
2.Homicide is generic term and could be committed by culpa (negligence) or
dolo (intent).

c. What is the evidence needed to file a crime of Homicide?

3. Testimonial Evidence – Affidavit of complainant and witnesses.


4.Documentary Evidence – photographs, videos, police reports and
other documents.
5.Object Evidence – Autopsy, weapons used and other Forensic
Reports.
MURDER

a. What law punishes the crime of Murder?


- Revised Penal Code Article 248

b. What are the elements of Murder?

1.Murder is the unlawful killing of any person not constitutive of parricide of


infanticide.
2. The act of killing is qualified by the following circumstances:

a)Treachery (alevosia) taking advantage of superior strength, with the aid of


armed men, or employing means to weaken the defense to insure impunity.
b) In consideration of a price, reward, or promise.
c) By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a railroad, fall of an airship, by means of
vehicles, or with the use of any other means involving great waste or ruin.
d)On the occasion of any of the calamities enumerated in the preceding
paragraph or of an earthquake, eruption of a volcano of any other public
calamity.
e) With evident premeditation.
f) With cruelty by deliberately and inhumanly augmenting the suffering of the
victim or outraging or scoffing at his person or corpse

c. What is the evidence needed to file a crime of Murder?

1. Testimonial Evidence – Affidavit of complainant and witnesses.


2.Documentary Evidence – photographs, videos, police reports and
other documents.
3.Object Evidence – Autopsy, weapons used and other Forensic
Reports.

PARRICIDE

a. What law punishes the crime of Parricide?


- Revised Penal Code Article 246
b. What are the elements of Parricide?

1.The offender killed his father, mother, child (legitimate or illegitimate), or


any of other ascendants or descendants or legitimate spouse.
2.The parent or child killed need not be legitimate. But the spouse and other
ascendant or descendant must be legitimate.
3. The killing is intentional.

c. What is the evidence needed to file a crime of Parricide?

4. Testimonial Evidence – Affidavit of complainant and witnesses.


5.Documentary Evidence – photographs, videos, police reports and
other documents.
6. Object Evidence – weapon used and autopsy of slain victims.

INFANTICIDE

a. What law punishes the crime of Infanticide?


- Revised Penal Code Article 255
b. What are the elements of Infanticide?

1.This offense contemplates the killing of any child less than 3 days old (72
hours).
2. The victim may not necessarily be the child of the offender.

c. What is the evidence needed to file a crime of Infanticide?

3. Testimonial Evidence – Affidavit of complainant and witnesses.


4.Documentary Evidence – photographs, videos, police reports and
other documents.
5. Object Evidence – Autopsy, weapons used and other
Forensic
Reports.

ABORTION

What law punishes the crime of Abortion?


- Revised Penal Code Article 256-259
Art. 256. Intentional abortion. - Any person who shall intentionally
cause an abortion:

1. Use any violence upon the person of the pregnant woman.


2. Without using violence, he shall act without the consent of the woman.
3. If the woman shall have consented.

Art. 257. Unintentional abortion. - Any person who shall cause an


abortion by violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents.


-A woman who shall practice abortion upon herself or shall consent that any
other person should do so.

 Any woman who shall commit this offense to conceal her dishonor,
 If this crime be committed by the parents of the pregnant woman or either
of them, and they act with the consent of said woman for the purpose of
concealing her dishonor.
Art. 259. Abortion practiced by a physician or midwife and
dispensing of abortives.- any physician or midwife who, taking advantage
of their scientific knowledge or skill, shall cause an abortion or assist in causing
the same.

-Any pharmacist who, without the proper prescription from a physician, shall
dispense any abortive.

What is the evidence needed to file a crime of Abortion?

1. Testimonial Evidence – Affidavit of complainant and witnesses.


2.Documentary Evidence – photographs, videos, police reports and
other documents.
3. Object Evidence – Autopsy, weapon used and other Forensic reports.

RAPE

a. What law punishes the crime of Rape?


- Revised Penal Code Article 266 amended by RA 8353
b. What are the elements of Rape?

1. Rape is committed by a man who shall have carnal knowledge of a


woman under any of the following circumstances:

a) Through force, threat or intimidation;


b)When the offended party is deprived of reason or is otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d)When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in par. 1


hereof, shall commit an act of sexual assault by inserting his penis into another
person’s mouth, anal orifice, or instrument or object, into the genital or anal
orifice of another person. (RA 8353)
NOTE:

1.Under RA 8353 which amended the Penal Code, on October 22, 1997, a
male or female can now commit rape.
2.“Effect of pardon” – The subsequent valid marriage between the offender and
the offended party shall extinguish the criminal action or the
penalty imposed.
3.In case it is the legal husband who is the offender, the subsequent forgiveness
by the wife as the offended party shall extinguish the criminal action not be
abated if the marriage be void ab initio.

c. What are the evidence needed to file a crime of Rape?

4. Testimonial Evidence – Affidavit of complainant and witnesses.


5.Documentary Evidence – photographs, videos, police reports and
other documents.
6.Object Evidence – Medical records, seminal/DNA Test, weapons used and
other forensic reports.
The 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.

Mistakes in Homicide Investigation

The following are the three bridges:

 The dead person has been moved. It is therefore necessary that


photographs be taken, measurements made, fingerprints taken and other
necessary tasks to be first carried out.

 The second bridge is when the body is embalmed. Embalming


destroys traces of alcohol and several kinds of poison. If poisoning is
suspected, the internal organs should be removed.
 The third bridge is when the body is burned or cremated. The
exhume body is difficult and expensive. Cremation destroys body itself.

Robbery

The law on robbery in the Philippines can be found on the following


articles of the Revised Penal Code:

Article 293

Who are guilty of robbery?

Any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence or intimidation of any person, or
using force upon anything shall be guilty of robbery.

Elements of Robbery:

1.Unlawful taking of personal property


2. The property must belong to another
3. The taking is done with violence against an intimidation of any
person of force upon things
4. The taking is with intent to gain

Note the following:

 Article 294 – Robbery with violence or intimidation of persons


 Article 295 – Robbery with physical injuries committed in an
uninhabited place and by a band or the use of firearm on a street.
 Article 297 – Attempted and frustrated robbery committed under
certain circumstances.
 Article 298 – Execution of deeds by means of violence or
intimidation
 Article 299 – Robbery in an inhabited house or public building or edifice
devoted to worship – Any armed person who shall commit robbery in an
inhabited house or public building or edifice devoted to religious worship
– and if:
-The malefactors shall enter the house or building in which the
robbery was committed, by any of the following means:

1.Through an opening not intended for entrance or egress 2.By


breaking any wall, roof or floor or breaking any door or
window
3. By using false key, padlocks or similar tools
4. By using fictitious name or pretending the exercise of public
authority or if –

-The robbery be committed under any of the following


circumstances:

5. By the breaking of doors, wardrobes, closets, or any other kind of


locked or sealed furniture or receptacle.
6. By taking such furniture or objects away to be broken or forced
open outside the place of the robbery.

 Article 302 – Robbery in an uninhabited place or in a private building


 Article 303 – Robbery of cereals, fruits or firewood in uninhabited
place or private building.

Types of Robbers

1. Amateurs – motivated by greed, want, the desire for a thrill, or need for
self-testing.
2. Professionals – are described as those persons who worked at robbery as
a trade making it their living and having no other means
of income.

Investigative Techniques in Robbery Cases

3. The investigator must initiate similar preliminary steps upon reaching the
crime scene
4. Determine the point of entrance and point of exit by the perpetrator
3.Determine the value of stolen articles
4. The full and detailed description of the stolen articles
5. Gather physical evidence
6. Determine the modus operandi of the perpetrator
7.Full and detailed description of a get-away vehicle if any
8.Coordinate with other law enforcement agencies 9.Exploit
investigative leads
10. Written testimony of the complainant witnesses
11. Accumulate clues and traces at the scene of a crime
12. Develop informants in the local underworld
13. Conduct a surveillance of likely fences
14. Conduct surveillance of known robbers
15.Accumulate information on various types of robber, the known and
newcomers, whether they are in or out of prison, whether they are active
16. Be alert on a modified modus operandi
Methods of Crime Scene Search

a. Strip Search Method

In this method, the area is blocked out in the form of a rectangle. The three (3)
Searchers A, B, and C, proceed slowly at the same pace along paths parallel to
one side of the rectangle. At the end of the rectangle, the searchers turn and
proceed along new lanes as shown in the above illustration.

b. Double Strip Search Method


The double strip or grid method of search is a modification of the Strip Search
Method. Here, the rectangle is traversed first parallel to the base then parallel to a
side.
c. Spiral Search Method
In this method, the three searchers follow each other along the path of a spiral,
beginning on the outside and spiraling in toward the center.

d. Zone Search Method


In this method, one searcher is assigned to each subdivision of a quadrant, and
then each quadrant is cut into another set of quadrants.
e. Wheel Search Method

In this method of search, the area is considered to be approximately circular. The


searchers gather at the center and proceed outward along radii or spokes.

Procedures in taking photographs

Three types of photographs taken at the crime scene:

The overall/overview photograph should cover the entire scene to bring out
the relationships between the objects.
The mid-range shot shows and important object and its immediate
surroundings.

Close-up shows a key detail clearly.

GENERAL TYPES OF SKETCH

Rough Sketch- made at


the crime scene.
Finished Sketch- for courtroom
presentation, scale and proportion
are strictly observed.

(Title, Legend, Case Info, Name,


Compass, and Scale)

KINDS OF SKETCH

Sketch of locality gives a picture of the crime scene in relation to its


environs including neighboring buildings, roads, etc.

Sketch of grounds includes the crime scene and its nearest


environment, ex a house w/ a garden.

Sketch of details describes the immediate crime scene only.


TYPES OF SKETCHES

1. Floor plan or “bird’s-eye view”;


2. Elevation drawing;
3. Exploded view; and
4. Perspective drawings.

Overview or floor plan sketch – a layout of the scene horizontally as seen


from above.
Elevation sketch – a layout of the scene vertically as seen from a side.

Cross-projection (exploded view) sketch – a layout as though a room


was an unfolded box.
Perspective sketch (3D) – a three-dimensional sketch of an object.

Methods or Systems of Locating Points (Objects) On Sketch:

1. Baseline Method- Run a baseline from one fixed point to another,


from which measurements are taken at right angles.
2. Rectangular Coordinate Method- Uses two adjacent walls as fixed
points as distances are measured at right angles.

3. Triangulation Method- Common in outdoor scenes uses straight-line


measurements from two fixed objects to the evidence to create a triangle with
evidence in the angle formed by two straight lines.
4. Polar Coordinates Method (Compass point Method)-Uses a
protractor to measure the angle formed by two lines.

THE APPROPRIATE DOCUMENTATION PROCEDURES OF


THE CRIME SCENE

Investigation Team:

1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist

Standard Methods of Recording Investigative Data

a. Photographs;
b. Sketching crime scenes;
c. Written notes (what you have seen or observed);
d. Developing and lifting fingerprints found at the crime scene;
e. Gathering physical evidence;
f. Plaster cast;
g. Tape recording of sounds;
h. Video tape recording of objects; and
i. Written statements of subject(s) and witnesses.
Preparation of Reports and Filing of Charges

The Investigator-On-Case shall submit the following:

a. Spot Report within 24 hrs to HHQ;


b. Progress Report;
c. After Operation Report;
d. Final Report after the case is filed before the prosecutor’s office/court;
e. Accomplishment Report.

THE METHODS AND TECHNIQUES IN THE PROCESSING


AND IDENTIFICATION OF DECEASED VICTIMS

The duty of the police investigator in the consolidation area is the


following:

-Assist in the conduct of initial identification, physical examination of the


cadaver and record its description (height, weight, gender, race, etc.)
fingerprints, distinguishing marks, dental examination results and other similar
activities.
Cadaver Identification

 DNA Analysis

-blood and bloodstains


-semen and seminal stains
-hair with follicle/root
-saliva and buccal cells
-tissues and skin cells
-organs
-bone marrow and bones
-teeth

 Fingerprints - fingerprint identification is the most positive and quickest


method of ascertaining identity. However the prints of the deceased may
not be on file or may not be obtainable because of trauma, mutilation,
incineration or decomposition. The sole clue maybe bone, a skull or a few
teeth.
 Skeletal Studies - Examination of the skeleton may provide a basis for
identification because of individual peculiarities such as old fractures and
presence of metal pins. Bones may also provide information about age, sex,
and race.

 Visual Inspection - Someone knowing the deceased person may


recognize the victim. However, trauma, incineration, or decomposition
may render the features unrecognizable. Visual inspection combined with
fingerprint evidence is a favored method for rapid identification.

 Personal Effects - Identification of a victim by personal effects such as


Jewelry, I.D. card, wallets, belts, shoes etc.

 Tattoo and Scars - Identification scars, moles, tattoos, pockmarks or


other markings may be helpful in identification, particularly in conjunction
with other findings.
 Dental Evidences (Forensic Odontology) - Identification based on
the examination of teeth (teeth charts, fillings, inlays, crowns, bridgework,
dentures etc.) is valuable inasmuch as the teeth are probably the most
durable part of the human body.

 Clothing - Articles of clothing containing cleaner’s mark, labels, initials,


size, color, texture knitting, etc. have provided investigators with the leads
and even identification in most instances.

 Photographs - Identification of victims has been made by publication


in bulletins, circulars, television and other distribution media, artist
sketches, death mark and casts have likewise aided the police in identifying
unknowns.

THE IDENTIFICATION, PROPER COLLECTION, MARKING AND


PRESERVATION OF EVIDENCE AND THE CHAIN OF CUSTODY
REQUIREMENTS
Investigation Procedure at the Crime Scene

a. Upon arrival at the crime scene

1. Receive the crime scene from the first responder.

2.Record time/date of arrival at the crime scene, location of the scene, condition
of the weather, condition and type of lighting, direction of wind and visibility.

3. Photograph and/or video the entire crime scene.

4.Before entering the crime scene, all investigators must put on surgical gloves.

5.Before touching or moving any object at the crime scene in a homicide or


murder case, determine first the status of the victim, whether he is still alive or
already dead.
6.Designate a member of the team or ask other policemen or responsible
persons to stand watch and secure the scene, and permit only authorized
persons to enter the same.

7.Identify and retain for questioning the person who first notified the police,
and other possible witnesses.

8.Determine the assailant through inquiry or observe him if his identity is


immediately apparent. Arrest him if he is still in the vicinity.

9. Separate witnesses in order to get independent statements.

b. Recording

The investigator begins the process of recording pertinent facts and details of
the investigation the moment he arrives at the crime scene.

As a rule, do not touch, alter or remove anything at the crime scene until the
evidence has been processed through notes, sketches and photograph, with
proper measurements.
c. Searching for evidence

1.Note the locations of obvious traces of action, the probable entry and exit
points used by the offender(s) and the size and shape of the area involved.

2.In rooms, buildings, and small outdoor areas, a systematic search of evidence
is initiated.

3.You should give particular attention to fragile evidence that may be destroyed
or contaminated if it is not collected when discovered.

4.If any doubt exists as to the value of an item, treat it as evidence until proven
otherwise.

5.Ensure that the item or area where latent fingerprints may be present is
closely examined and that action is taken to develop the prints.

6.Carefully protect any impression of evidentiary value in surfaces conducive to


making casts or molds.
7.Stains, spots and pools of liquid within the scene are treated as
evidence.

8.Treat as evidence all other items, such as hairs, fibers, and earth
particles foreign to the area in which they are found.

9.The search for evidence is initially completed when, after a thorough


examination of the scene, the rough sketch, necessary photograph and
investigative notes have been completed and the investigator has returned to the
point from which the search began.

10.Further search may be necessary after the evidence and the


statements obtained have been evaluated.

11.In large outdoor areas, it is advisable to divide the area into strips about
four (4) feet wide.

12.It may be advisable to make a search beyond the area considered to be the
immediate scene of the incident or crime.
13.After completing the search of the scene, the investigator examines the
object or person actually attacked by the offender.

14.In a homicide case, the position of the victim should be outlined with a
chalk or any other suitable material before the body is removed from the scene.

Collection of Evidence

This is accomplished after the search is completed, the rough sketch finished
and photographs taken. Fragile evidence should be collected as they are found.
All firearms (FAs) found to have tampered serial numbers (SNs) shall be
automatically subjected to macro etching at the Philippine National Police
Crime Laboratory (PNP-CL).

Markings of Evidence

Any physical evidence obtained must be marked or tagged before its


submission to the evidence custodian.
Markings on the specimen must at least contain the following:

1. Exhibit Case Number


2. Initials and or signature of the collecting officer
3. Time and date of collection

Evaluation of Evidence

Each item of evidence must be evaluated in relation to all the evidence,


individually and collectively. If necessary, these pieces of evidence must be
subjected to crime laboratory examination. Example: firearms for ballistic
examination, hair strands etc.

Preservation of Evidence

It is the investigator’s responsibility to ensure that every precaution is exercised


to preserve physical evidence in the state in which it was recovered/obtained
until it is released to the evidence custodian.
Releasing of Evidence

All collected evidence can only be released upon order of the court or
prosecutor, as the case maybe.

Chain of Custody

A list of all persons who came into possession of an item of evidence,


continuity of possession, or the chain of custody, must be established whenever
evidence is presented in court as an exhibit.

Transmittal of Evidence to Crime Laboratory

Proper handling of physical evidence is necessary to obtain the maximum


possible information upon which scientific examination shall be based, and to
prevent exclusion as evidence in court.
The following principles should be observed in handling all types of evidence:

1.The evidence should reach the laboratory in same condition as when it was
found, as much as possible.
2. The quantity of specimen should be adequate. Even with the best
equipment available, good results cannot be obtained from insufficient
specimens.
3. Submit a known or standard specimen for comparison purposes.
4.Keep each specimen separate from others so there will be no intermingling or
mixing of known and unknown material.
5. Mark or label each of evidence for positive identification.
6.The chain of custody of evidence must be maintained. Any break in this chain
of custody may make the material inadmissible as evidence in court.

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