CRIME
INVESTIGATION
WITH INTERVIEW
AND
INTERROGATION
PREPARED BY: ANNA ROSE Q. URBIZTONDO, RCRIM.
CRIMINAL INVESTIGATOR
A Person who is charged with the duty of carrying on the
objectives of criminal investigation
Responsible for investigating crimes such as, Murder, Homicides,
assaults, and other incidents to implicate perpetrators.
Collects evidence, interviews witnesses, and testifies in court.
PRIMARY RESPONSIBILITIES AND
QUALITIES OF AN INVESTIGATOR:
1.) Process the crime scenes by performing scene recognition,
scene documentation and evidence collection
2.) Operate within the applicable laws governing the investigations
3.) Initiate preliminary survey, generate initial theories and keep the
ones that are not eliminated by incoming information
4.) Thoroughly document scenes and gather potential evidences
(Physical, specimens, documents, photographs, statements, etc.) to
send to crime lab.
5.) Draft detailed investigative reports and be prepared to present
evidence to the prosecutor
6.) Preserve, collect and record impressions, including tool marks,
footprints, tire marks, bite marks, and fingerprints
7.) Collect DNA evidence, including blood, semen, hair, skin, blood
stain patterns, bodily fluids and nails.
8.) Collect trace evidence, including gunshot residue, fibbers,
accelerant, paint, glass, etc.
9.) Collect firearms evidence, including weapons, spent casings, bullet
fragments, cartridges, and gun powder patterns
10.) Investigate criminal acts such as murder, homicides, sexual
assaults, armed robberies, home invasions, and property crimes such
as robbery and theft, etc.
11.) Interview informants, suspects, and witnesses to ascertain alibis, clues, time
frames, and possible suspects.
12.) Collect enough evidence to support a court case against a criminal.
13.) Prepare sketches and diagrams
14.) Obtain search warrants
15.) Perform surveillance and monitor suspects
16.) Exchange information and coordinate activities with other departments
17.) Record Physical information about suspects.
Note: The crime scene investigator must ensure that:
I. All laws are followed
II. The crime scene and all collected evidence are properly documented
III. Evidence is processed in an expeditious manner
IV. Evidence is processed without compromising it
V. Proper methods and techniques for evidence recovery are followed
VI. All equipment and resources are properly used
VII.All evidence is properly handled, packaged and transported
VIII.All physical evidence is recovered
IX. Safety precautions are followed
QUALITIES OF AN
INVESTIGATOR
a.) Proven working experience as criminal investigator
b.) Hands-on experience with crime scenes analysis and
forensic science
c.) Proficient in interpreting evidence and reconstructing
events
d.) Ability to observe minute details and to produce detailed
reports
e.) In depth knowledge of criminal law, rules and legislation
f.) Familiarity with all evidence types (e.g. circumstantial,
direct, trace, hearsay, etc.) and the rules governing their
admissibility
g.) Through understanding of the investigation process and
the unique circumstances of each case
h.) Strong analytical skills along with good interviewing and
interrogation skills
i.) Honest and ethical with high levels of integrity and
confidentiality
SPECIAL CRIME
INVESTIGATION
A process of applying special equipment and special
expertise
It needs once expertise and a particular special instrument.
It also deals with the study of major crimes based on the
application of special investigative technique.
CRIME SCENE
- A venue or place where the alleged crime/incident/event
has been committed.
INVESTIGATION
- The collection of facts to accomplish a three-fold aim
- In the performance of his duties, the investigator must
seek to establish the six cardinal points of investigation.
CUSTODIAL INVESTIGATION
- Investigation conducted by law enforcement officers after a
person has been arrested or deprived of his freedom of action.
- It includes invitation to a person who is being investigated in
connection with an offense
MIRANDA DOCTRINE
-A principle on the rights of a suspect from forced self-incrimination
during police interrogation as enshrined in the 1987 Philippine
Constitution’s Bill of Rights (Article III, Sec. 12)
RIGHTS OF PERSONS ARRESTED, DETAINED, UNDER
CUSTODIAL INVESTIGATION
(RA 7438)
1.) RIGHT TO BE INFORMED
2.) RIGHT TO REMAIN SILENT
3.) RIGHT TO COUNSEL
4.) RIGHT TO AGAINST TORTURE (RA9745)
5.) RIGHT TO VISITATION
6.) RIGHT TO A DOCTOR
SPECIALIZED
CRIMES RELATED
TO PERSONS
Article 248. Murder. - Any person who, not falling within the provisions of Article
246 shall kill another, shall be guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed with any of the following
attendant circumstances:
1. With treachery, taking advantage of superior strength, with the 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 a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, 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 enumerated in the
preceding paragraph, or 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.
ELEMENTS OF MURDER:
1.) That a person was killed
2.) That the accused killed him
3.) That the killing was attended by any of the
qualifying circumstances mentioned in Art. 248
RPC
Article 249. Homicide. - Any person
who, not falling within the provisions of
Article 246, shall kill another without the
attendance of any of the circumstances
enumerated in the next preceding article,
shall be deemed guilty of homicide and be
punished by reclusion temporal.
HOMICIDE
-This is the unlawful killing of any person, which is
neither parricide, murder nor infanticide.
- Intent to kill is conclusively presumed when death
resulted; evidence of intent to kill is important only
in attempted or frustrated homicide.
ELEMENTS OF HOMICIDE
1.) That the person was killed
2.) That the accused killed him without any
justifying circumstance
3.) That the accused had the intention to kill, which
is presumed
4.) That the killing was not attended by any of the
qualifying circumstances of murder, or by that
parricide of infanticide
ACCIDENTAL HOMICIDE
- The death of a person brought about
by a lawful act performed with proper
care and skill and without homicidal
intent.
CORPUS DELICTI
- means that a crime was actually perpetrated, and does
not refer to the body of the murdered person. (People vs.
Bungay, G.R. No. L-18308 April 30, 1996npp.834-838 )
- In modern sense of the term, means the actual
commission of the crime charged. (People vs. Madrid, 88 Phil. 1
cited in people vs. Yee, C.A., 52 O.G. 4298)
Article 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 and shall be punished by the penalty of
reclusion Perpetua to death.
ELEMENTS OF PARRICIDE:
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 ascendants or other descendants, or the
legitimate spouse of the accused.
ESSENTIAL ELEMENTS OF PARRICIDE:
Relationship of the offender with victim is the essential
element of this crime
Cases of parricide when the penalty shall not be reclusion
Perpetua to death:
1.) Parricide through negligence (Art 365)
2.) Parricide by mistake (Art 249)
3.) Parricide under exceptional circumstances (Art 247)
Article 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 other 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 the 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.
WEEK 2 – QUIZ
1.) A criminal investigator's primary role is to gather evidence to determine the truth
of a crime.
- TRUE
2.) An investigator should never rely on witness statements for their case.
- FALSE
3.) A thorough knowledge of the law is unnecessary for a criminal investigator.
- FALSE
4.) The Miranda Doctrine must be read to all suspects before they are interrogated.
- TRUE
5 ) During a custodial investigation, the suspect has the right to remain silent.
- TRUE
6.) Special crime investigations are limited to only violent crimes.
- FALSE
7.) Crime scene investigators are responsible for collecting physical evidence.
- TRUE
8.) Investigators are allowed to manipulate evidence to fit their narrative.
- FALSE
9.) The effectiveness of an investigator depends solely on their intuition.
- FALSE
10.) Proper documentation is crucial for the integrity of a crime scene investigation.
- TRUE
11.) An investigator should always conduct interviews and interrogations in private.
- FALSE
12.) In custodial investigation, suspects have no right to legal representation.
- FALSE
13.) Crime scenes are usually documented through photographs, sketches, and notes.
- TRUE
14.) The role of a criminal investigator is similar to that of a patrol officer.
- FALSE
15.) Investigators should have qualities such as patience, persistence, and attention to detail.
- TRUE
16.) Special crime investigation involves the use of specialized knowledge and techniques.
- TRUE
17.) All evidence found at a crime scene is admissible in court.
- FALSE
18.) The Miranda Doctrine applies to all law enforcement interactions, including non-custodial
questioning.
- FALSE
19.) In some cases, investigators may perform custodial interrogation without reading the Miranda
rights.
- FALSE
20.) One of the primary responsibilities of an investigator is to identify the victim and the perpetrator.
- TRUE
II.
21.) What doctrine ensures that a suspect is informed of their rights before custodial interrogation?
- MIRANDA DOCTRINE
22.) What type of investigation focuses on crimes that require specialized knowledge, such as
cybercrime or organized crime?
- Special Crime Investigation
23.) What term describes the initial step in a criminal investigation where the investigator secures and
examines the scene of a crime?
- CRIME SCENE INVESTIGATION
24.) What is the name given to the interview process conducted by law enforcement to obtain
information from a suspect who is in custody?
- CUSTODIAL INVESTIGATION
25.) What quality is essential for a criminal investigator to have in order to carefully examine all
details and evidence without jumping to conclusions?
- ATTENTION TO DETAIL
Week 3 Quiz:
I.
1.) A man kills his wife after finding her in bed with another man, driven by intense
emotion and without premeditation. Under what legal classification would this crime
fall?
- Death or Physical Injuries Inflicted Under Exceptional Circumstances.
2.) During a heated argument, a son kills his father by stabbing him multiple times.
What specific crime has been committed?
- Parricide
3.) A person intentionally and with premeditation shoots another individual, resulting
in death. What crime has been committed in this scenario?
- MURDER
4.) An altercation between two strangers in a bar leads to one of them stabbing the
other, resulting in death. The attack was not premeditated, and there were no
aggravating circumstances. How would this crime be classified?
- HOMICIDE
5.) A woman, in a fit of jealousy and rage, kills her husband after discovering his affair. She was not
in a condition of self-defense or insanity. How would the crime be categorized legally?
- PARICIDE
6.) A man finds his wife in a compromising situation with another man and, overwhelmed by rage,
kills the man. What legal term best describes this scenario?
- Death or Physical Injuries Inflicted Under Exceptional Circumstances.
7.) Two business partners have a disagreement over finances, leading one partner to hire a hitman
to kill the other. What crime does this constitute?
- Murder (with aggravating circumstances, such as conspiracy).
8.) A person, while intending to kill one individual, accidentally kills another person who was not the
intended target. What is the legal classification of this crime?
- Murder (with the principle of aberratio ictus, or mistake in the blow).
9.) A woman, defending herself from an unprovoked attack by her husband, unintentionally kills
him. What legal principle might apply to her defense?
- Self-defense (not a crime, but a justifying circumstance).
10.) During a family dispute, a brother accidentally pushes his sibling down the stairs, resulting in
the sibling's death. There was no intent to kill or aggravating circumstances. What crime would this
be considered?
- HOMICIDE
11.) The death of a person brought about by a lawful act performed with proper care
and skill and without homicidal intent.
- ACIDENTAL HOMICIDE
12.) A latin term that means "body of the crime." In legal contexts, it refers to the
principle that there must be proof that a crime has actually occurred before an
individual can be convicted of that crime.
- CORPUS DELICTI
13.) What is the essential element of the crime of parricide?
- Relationship of the offender with victim
II.
14.) Murder always involves premeditation or the presence of aggravating circumstances such as
treachery or evident premeditation.
- TRUE
15.) Homicide is considered a more serious crime than murder because it involves intent to kill
without any justification.
- FALSE
16.) Parricide is a crime committed when a person kills their spouse, parent, or child.
- TRUE
17.) Death or physical injuries inflicted under exceptional circumstances can sometimes be
punished with a lower penalty due to the emotional state of the perpetrator.
- TRUE
18.) If a suspect unintentionally kills another person during a crime of passion, it is automatically
classified as parricide.
- FALSE
ENUMERATION:
Give the 6 rights of persons arrested, detained, or under custodial investigation according to
RA 7438. (19-24)
Enumerate the 3 elements of murder (25-27)
What are the Cases of parricide when the penalty shall not be reclusion Perpetua to death: (28-30)
1.) Parricide through negligence (Art 365)
2.) Parricide by mistake (Art 249)
3.) Parricide under exceptional circumstances (Art 247)
Give the 6 rights of persons arrested, detained,
or under custodial investigation according to RA
7438.
1.) RIGHT TO BE INFORMED
2.) RIGHT TO REMAIN SILENT
3.) RIGHT TO COUNSEL
4.) RIGHT TO AGAINST TORTURE (RA9745)
5.) RIGHT TO VISITATION
6.) RIGHT TO A DOCTOR