MODULE FUNDAMENTALS OF CRIMINAL INVESTIGATION

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 MODULE FUNDAMENTALS OF CRIMINAL INVESTIGATION

INTRODUCTION TO
CHAPTER 2 CRIMINAL INVESTIGATION

Objectives:
a. Increase knowledge on Criminal Investigation and the
Elements of Crime.

What is Investigation?
Investigation is the act or process of investigating or
the condition of being investigated. It also refers to search
or inquiry for asserting facts, detailed or careful
examination. Investigation came from the Latin term
‘investigat’, which means “to inquire or to discover” during
the 5th century.

Criminal investigation is defined as the collection and analysis of facts/truths

about persons, things, places that are subjects of a crime To identify the guilty
party, locate the whereabouts of the guilty party, and provide admissible pieces
of evidence to establish in the guilt of parties involved in crime (Cael & Agas,
2000).

Criminal investigation is the logical, objective, and legal inquiry involving a

possible criminal activity. The result of the inquiry, if successful, will answer the
5W’s (who, what, where, when, why) and the H (how) questions.

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Criminal investigation is a legal inquiry by virtue a complaint to follow up,

examine, trace, track and search, step-by-step examination or process 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 pieces of evidence to the end that violators of the law be brought
the bar of justice, and innocent be relieved therefrom (Sadili & Peña, 1998).

Criminal investigation is the logical, objective, and legal inquiry involving a

possible criminal activity. The result of the inquiry, if successful, will answer
the 5W’s (who, what, where, when, why) and the H (how) questions.

Criminal investigation is unlawful search for people and things useful in

reconstructing the circumstances of an illegal act or omission in the mental
state accompanying it. It is the probing from the known to the unknown,
backward in time, and its goal is to determine the truth as far as it can be
discovered in any post factum inquiry.

Criminal investigation is the collection of facts to accomplish the threefold aims:

a. To identify the guilty party;

b. To locate the guilty party; and
c. To provide evidence of his guilt (Western Police District Investigator’s
Handbook)

A criminal investigation is an official effort to uncover information about the

crime. There are generally three ways that a person can be brought to justice for a
criminal act. First, and probably the least likely, the individual will be driven by his/her
conscience to immediately confess. Second, an officer of the law can apprehend him/her
in the act. Third, and the most common, a criminal investigation can identify the person
as a suspect, after which he/she may confess or be convicted by trial (Cael & Agas,
2000).

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THREE ELEMENTS OF CRIME

1. Motive is the moving power or force which
compels a person to commits acts towards a
definite result. Generally, motive is immaterial in
incurring criminal liability; it is intent which is
material. Motive becomes material when the act
brings variant crimes, there is a doubt whether
the accused committed the crime or the identity of
the accused is doubtful; the evidence in the
commission of the crime is purely circumstantial;
or the evidence of the guilt of the accused is INSTRUMENTALITY
inconclusive (Boado, 2008 p. 35).
2. Opportunity is the chance, or the time given to the offender in committing the
crime. Without such chance opportunity given to defender, there could be no
crime committed. In many instances, the victims are the ones making
opportunity for the offender to commit such crime.
3. Instrumentality or capability involves the use of materials in other means which
are essential in the commission of the crime. Thus, crime will occur if all the
elements of the crime exist. Further, if one of the elements of the crime is absence
then crime will not and will never happen.
KINDS OF CRIMINAL INVESTIGATION
Generally speaking, the two kinds of criminal investigation are: investigation
while the suspect is under arrest and detention; and investigation where the suspects
is “at large.”
Legally speaking, the term ‘at large’ is not synonymous the “fugitive from
justice.” The former, not being a wanted person before the eyes of the law, and
therefore, cannot be lawfully arrested without a warrant. The latter is necessarily an
escapee from detention or an escaped prisoner while serving the sentence by virtue of a
final judgment rendered by a court of competent jurisdiction that can be legally arrested
without the necessity of a warrant of arrest based from paragraph c, Sec 5, Rule 113,
Rules of Court (Nolledo, 2000).

THREE PHASES OF CRIMINAL INVESTIGATION

1. The criminal is identified.

2. The criminal is traced, located and arrested.
3. The fact or evidence to prove his/her guilt is gathered for introduction during
trial.

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GOALS OF CRIMINAL INVESTIGATION

1. To determine whether a crime has been committed.
2. To legally obtain information or evidence.
3. To identify persons involved.
4. To arrest suspects.
5. To recover stolen properties.
6. The present the best possible case to the prosecutor.

MODES OF INVESTIGATION
1. Reactive mode of investigation addresses crimes that already happened or
occurred.
2. Proactive mode of investigation identifies and arrests suspects before crime
will happen. It is designed to catch a criminal in the act of committing a crime
rather than waiting until a crime is reported by a concerned citizen.

IS INVESTIGATION AN ART OR A SCIENCE?

Investigation is a mixture of an art and
science. Investigation is a science because there are
certain rules that should be followed to conduct a
successful investigation and because the pure and
applied sciences play the increasingly important role
in investigation. Investigation is considered as an art
because it depends on the skills of investigator,
including interpersonal communication and
creativity (Dempsey, 2007, p. 30).
CRIMINAL INVESTIGATION AS AN ART
Criminal investigation is considered as an art
because it is not governed by rigid rules or fixed legal
procedures but most often based on intuition (logic
and tested knowledge, immediately learning or
consciousness) and sometimes by chance. Most often than not, it is governed by:
a. Felicity/inspiration,
b. Intuition, and
c. Luck
It was Dr. Hans Gross who said that criminal investigation is 95% perspiration,
3% inspiration and 2% luck. This means that investigators should not only depend on
inspiration or luck or else they will fail 95% in their investigation. 100% effort must be
exerted because inspiration or luck may never come in this way (Garcia, 2004).

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CRIMINAL INVESTIGATION AS A SCIENCE

Criminal investigations science because it involves the
application of knowledge of forensic science is in the process
of identifying, locating, collecting, processing, and/or
evaluating physical evidence (Manwong, 2004).

Identification or recognition of facts, information, evidence;

Collection of facts, information, evidence;

Preservation of forensic value (legal integrity);

Evaluation, processing of evidence in case; and

Presentation of evidence and criminal case.

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CRIMINAL INVESTIGATOR DEFINED

Criminal investigator refers to the person who performs an investigation.
Criminal investigator is also known as prober and is considered as the superstar in the
process of investigation (Cael & Agas, 2000).

POLICE INVESTIGATOR
Police investigator refers to PNP uniformed personnel both
Police Commissioned Officer (PCO) and Police Non Commissioned
Officer (PNCO’s) conferred with appropriate certification to
investigate with care and accuracy, by conducting step-by-step
examination, through patient inquiry and meticulous observation,
data and other pertinent matters to support crime theories and
establish relevant facts to aid in identifying the offense and
criminal offender, locating him and providing evidence of his guilt
leading to the successful filing and prosecution of the offense.

POLICE DETECTIVE

Police detective refers to PNP uniform personnel who was

previously certified as a police investigator but was able to complete
18 units of Master’s Degree, and completed the police detective
course (PDC) , and acquired the requisite experience relating to
investigation of cases and appearance in court duties to support the
successful filing and prosecution of offense. (NAPOLCOM Circular
No. 2013-002).
CHARATERISTICS OF COMPETENT CRIMINAL INVESTIGATOR
1. Perseverance. It refers to steadfastness, persistence, and
resolution to bring the desired conclusion in spite of obstacles
connected with criminal investigation.
2. Endurance. This is the ability of the investigator to last
physically and mentally hence he/she must have the
extraordinary physical and mental energy, enduring sleepless
nights and tiresome days.
3. Incorruptible honesty and integrity. This refers to the
degree of honesty and integrity of the investigator on several
temptations over money that are offered to affect the
investigation. Women and drinks are tricks of temptations.
4. Intelligence and Wisdom of Solomon. This is very
important in order that the investigator could easily decipher
falsehood from truth and separate the grain from the chaff.

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5. Acting Activity. It refers to the ability of the investigator in stooping down to

the level of a minor, the prostitute or the slum dwellers, professionals, or other
members of the elite during the investigation process.
6. Oral and Written Communication. Every investigator should have a basic
knowledge on both oral and written communication in probing a certain issue
in order that he or she will not suffer setbacks in getting the accurate facts
especially in the preparation of reports and or transmittal of information. This
includes the use of appropriate words in making a report in writing
observations and descriptions of places, things, and events.
7. Observation and Description. The investigator should be a keen observer
and knows how to accurately describe anything. This is important in crime
scene investigation an in conducting an interview and interrogation.
8. Courage. Is the moral fortitude of the investigator to tell the truth irrespective
of who gets hurt.
9. Knowledge on Laws. The investigator should have basic knowledge on legal
matters concerning investigation.
10. The power to “read between the lines”. These are the first is the ability of
the investigator to interpret the words or phrases encountered in the process
of investigation into their deeper meaning in order to arrive with a concrete
meaning of a certain statement.
11. Technical Knowledge. This refers to the investigator’s capability of defense
tactics, use of firearms and the like. In many occasions, he or she will be alone
in confronting, arresting, bringing to headquarters and interrogating the
suspect (Garcia, 2004).

LINKS

TOPIC LINK FOR VIDEO

The Science of Deduction https://www.youtube.com/watch?v=gyA4VDRkWco

Characteristics to be a Good Private

https://www.youtube.com/watch?v=2rECKOlDLZE
Investigator or Detective

References:
Vicente, J., Eduardo, J., Catalino, M., Estoque, S., & Vicente, R. (2016)
Fundamentals in Criminal Investigation. Philippines, Wiseman’s Books Trading, Inc.

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