SPECIALIZED CRIME INVESTIGATION 2 WITH SIMULATION CHAPTER 1

AND INTERVIEW (CDI 324) INTRODUCTION TO SPECIALIZED CRIME

CMO No. 05, Series of 2018
 Concepts of Specialized Crime
LIZA A. LAMIGO
July 2022 Special Crime Investigation deals with the study of
major crimes based on the application of special investigative
UTILIZATION PERMIT technique. The study concentrates more on physical
evidence, its collection, handling, identification and
The outline of this review material has been examined and preservation in coordination with the crime laboratory.
has complied with the Professional Regulations Commission
(PRC) and Commission on Higher Education (CHED) Table of  Responsibilities of special crime investigator
Specification (TOS) for Criminology Board Examination per Include:
CMO No. 05, Series of 2018. 1. photographing blood splatter evidence,
2. making tire and footprint castings,
3. bagging hair and
Prof. ROLLY C. SOTTO, MSCrim. 4. fiber samples for testing, and
Coordinator, DCJE Review Center 5. lifting fingerprints.

 The three basic elements of a crime

MARIZ PARCON BALQUIN In general, every crime involves three elements:
Chairperson, DCJE 1. first, the act or conduct (“actus reus”);
2. second, the individual's mental state at the time of
the act (“mens rea”); and
Dr. MARCOS F. MODNERIN, JD 3. third, the causation between the act and the effect
Dean, CASS (typically either "proximate causation" or "but-for
causation").
COURSE OUTLINE 2022
 Basic functions do investigators perform
Table. 1 Fused PRC and CHED TOS for Introduction to A. Provide emergency assistance
Cybercrime & Environmental Laws & Protection (CDI 411). B. Secure the crime scene
Content Page C. Photograph, videotape and sketch
Chapter 1 – DEFINITION OF SPECIALIZED CRIME D. Take notes and write reports
Responsibilities of Criminal Investigator E. Search for, obtain and process physical
Importance of Criminal Investigator evidence
The Three Basic Elements of Crime F. Obtain information from witnesses and
The functions of Criminal Investigator suspects
Chapter 2 – ARREST AND SEARCH WARRANT G. Identify suspects
Concept and types of arrest H. Conduct raids, surveillances, stakeouts and
Duties and general rule in effecting an Arrest undercover assignments
Arrest without Warrant Section 5, Rule 113 of the I. Testify in court
Revised Rules on Criminal Procedure
Requisites for the issuance of a search warrant  The role of investigator
Custodial Investigation  Criminal Investigators are responsible for
Difference between Arbitrary detention and solving crimes, preventing future criminal
unlawful arrest activities, and identifying and detaining
suspects.
Basic Definitions of Raids
Chapter 3 – CONFESSION and ADMISSION
Chapter 2
Extra-Judicial Confession versus Extra-Judicial
ARREST AND SEARCH WARRANT
Admission
Chapter 4- INTERROGATION AND INTERVIEW
Difference of interrogation and Interview  Arrest- is the taking of person into custody in order
Interrogation Techniques, Types of Subject/s under that he may be bound to answer for the commission
interrogation. of an offense. ( Sec.1, Rule 113 of the Rules of
Physiological symptoms of guilt. Theory of Lie, Criminal Procedure)
Kinds of Lie, and Types of Liar.
Different Methods of Detecting Deception The following are the types of arrest:
Chapter 5 1. Arrest by virtue of warrant and
Ponzi and Pyramid Scheme 2. Warrantless arrest or “ citizen’s arrest
Theft, Robbery, Brigandage, Murder, Parricide,
Homicide, Abortion, Infanticide
Sources: A – CHED TOS; B – PRC TOS; C – Authors initiative to
attain coherence.

Specialized Crime Investigation 2 with Simulation and Interview July 2022 Lamigo 1
  The general rule in effecting an arrest is
simply to make an arrest only when there is
a warrant.
The reason:
a. For the protection of the person making the
arrest in order not to be charged criminally for
violation of Art. 124-arbitrary detention or Art.125 -
delay in the delivery of detained persons to the
proper judicial authorities of the RPC and other
related penal laws;
b. Also preclude the filing of any civil and
administrative charges against the arresting officer
 Duties of arresting officers executing either
a warrantless arrest or arrest with warrant
(Gabao, 2016, p.52)
a. To arrest the accused without necessary delay and
deliver him to the nearest police station or jail.
b. The officer shall inform the person to be arrested
and of the fact that a warrant has been issued for his
arrest, except when he flees or forcibly resist before
the officer has the opportunity to so inform him or
when the giving of such information will imperil the
arrest.
c. To inform the person arrested about his rights
under the Constitution and for the Police to observe
the mandate of R.A. 7438.
 Time of Making an Arrest
Section 6, Rule 113 of the Revised Rules on Criminal
Procedure
Section 6. Time of Making an Arrest- an arrest may
be made any day and at any time of the day or night.
 Exception to the general rule
(Rule 113, Section 5 Rules on Criminal Procedure)
(Batasnatin.com)
A police officer or a private person may,
without a warrant, arrest a person:
a. When, in HIS PRESENCE, the person to be
arrested has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has just been committed
and he has probable cause to believe based on
PERSONAL KNOWLEDGE -knowledge of the
circumstance or fact gained through firsthand
observation or experience of facts or
circumstances that the person to be arrested has
committed it; (Doctrine of Hot Pursuit)
c. When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving final
judgment or is temporarily confined while his
case is pending, or has escaped while being
transferred from one confinement to another.
(Escapee)
Specialized Crime Investigation 2 with Simulation and Interview
d. When a person who has been lawfully
arrested escapes or is rescued (Sec. 13, Rule 113).
e. By the bondsman for the purpose of
surrendering the accused (Sec. 23, Rule 113).
f. Where the accused attempts to leave the
country without permission of the court (Sec. 23,
Rule 114).
 For warrantless arrest of an accused caught
in flagrante delicto to be valid two
requisites must concur:
1. The person to be arrested must execute an overt
act indicating that he has just committed or is
actually committing, or
2. Such overt act is done in the presence or within
the view of the arresting officer.
Definition of Terms:
Buy-Bust operation or entrapment is an example of
warrantless arrest through “ in flagrante delicto”
Instigation- takes place when a police officer induces
a person to commit a crime; without it the crime
would not be committed.
Entrapment- signifies the ways and means devised
by a peace officer to catch or apprehend a person
who has committed a crime; with or without it the
crime has already been committed.
Police raid is a visit by police or other law-
enforcement officers, often in the early morning or
late at night, with the aim of using the element of
surprise in an attempt to arrest suspects believed to
be likely to hide evidence, resist arrest, be politically
sensitive, or simply be elsewhere during the day.
Search warrant – is an order in writing issued in the
name of the people of the Philippines signed by the
judge and directed to the peace officer, commanding
him to search for personal property and bring it
before the court. (Gabao, 2016, p.50)
 Requisites for the issuance of a search
warrant:
(Gabao, 2016, p.51)
a. Upon probable cause
b. In connection with one specific offense
c. To be determined personally by the judge
d. After examination under oath or affirmation of the
complainant and the witnesses he may produce; and
e. Particularly describing the place to be search and
the thing to be seized.
 Personal Properties to be seized
(Gabao, 2016, p.50)
a. Subject of the offense
b. Stolen or embezzled and other proceeds, fruits of
the offense; or
c. Used or intended to be used as the means of the
commission of the offense.
July 2022 Lamigo 2

 Two Witness Rule
-No search of a house, room, or any other premises
shall be made except in the presence of the lawful
occupant thereof or any member of his family or in
the absence of the latter, two witnesses of sufficient
age and discretion residing in the same locality. (Sec.
8, Rule 126)
General rule in effecting Search and seizure
(Gabao, 2016, p.50)
 The general rule in effecting a search and
seizure is only by virtue of a validity issued
Search Warrant.
The reason:
a. For the protection of the searcher not to be
charged of a crime of theft, robbery and the like
b. And for any civil and administrative liabilities.
 Exceptions: (Gabao, 2016, p.50)
a. Warrantless search incidental to a lawful arrest
under Sec. 12 Rule 128 of Rules of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and Frisk search; and
g. Exigent and emergency circumstances.
 Search incident to lawful arrest
-A person lawfully arrested may be searched for
dangerous weapons or anything which may have
been used or constitute proof in the commission of
an offense without a search warrant. ( Sec. 13, Rule
126)
 Plain View Doctrine:
-Authorizes a search and a seizure without a
warrant. The requisites are:
a. There must have been a legal presence in
the place where the search is made;
b. The evidence was discovered inadvertently
by an officer with a right to be where he is;
c. The evidence is immediately illegal; and
d. There is no need for any further search to
obtain the evidence. (People vs. Conception, 361
SCRA 540)
 Stop and Frisk:
-This limited protective search of the outer clothing
of a person to determine the presence of weapons.
Probable cause is not required but a genuine reason
( not mere suspicion) must exist, in the light of the
officer’s experience and surrounding circumstances,
to warrant the belief that the person has concealed
weapons. (Malacat vs. CA, 283 SCRA 159)
Evidence obtained in violation of the rule on arrest
and search and seizure is not admissible in evidence
against the accused in any proceedings. (Gabao,
2016, p.54)
The rule not admitting any unlawfully
obtained evidence against the accused is referred to
by the Supreme Court as the “exclusionary rule”
Specialized Crime Investigation 2 with Simulation and Interview
because the same is said to be the “fruit of the
poisonous tree”. (Gabao, 2016, p.54)
 What is custodial investigation in the
Philippines?
-Custodial investigation involves any questioning by
law enforcement people after a person is taken into
custody or deprived of his freedom in any significant
manner.
 What is the right of a person under
custodial investigation?
-Article III, Section 12 of the 1987 Constitution (also
known as the Bill of Rights) states that any person
under investigation for the commission of a crime or
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."
 Difference between Arbitrary detention and
unlawful arrest
-According to Article 124 of the RPC, arbitrary
detention is committed by any public officer or
employee who without legal grounds detains a
person. Under this provision, the commission of a
crime or violent insanity or any other ailment
requiring the compulsory confinement of the patient
in a hospital, shall be considered legal grounds for
the detention of any person. (Ibid.)
On the other hand, Article 269 of the law provides
that unlawful arrest is committed by any person
who, in any case other than those authorized by law,
or without reasonable ground, shall arrest or detain
another for the purpose of delivering him to the
proper authorities.
As seen from the above-cited definitions, arbitrary detention
is committed by a public officer while both public officers and
private persons can commit the crime of unlawful arrest. The
essence of the crime of arbitrary detention is a public officer’s
act of detaining a person without any lawful cause. In
unlawful arrest, the crime is the act of arresting a person
without a legal cause for the purpose of delivering the
person. arrested to proper authorities.
CHAPTER 3
CONFESSION and ADMISSION
Admission refers to an act, declaration or omission of a party
as to a relevant fact which may be given in evidence against
him.
Confession refers to the declaration of an accused
acknowledging his guilt of the offense charged, or of any
offense necessarily included therein, which may be given in
evidence against him.
Confession Admission
a. acknowledges the guilt of a a. a mere acknowledgment of
person that he is the one who an accused that he may be in
committed the offense. the crime scene but not the
one who committed the
offense.
b. the most reasonable b. may not accept the liability
evidence for prosecuting a for such crime and may
case because no person invoke defenses to sway the
would probably admit his guilt fault
that he was the one who
committed the offense if it
July 2022 Lamigo 3
was not really true at all. addiction, his being a pathological liar or similar factors.
c. such admission may be f) Emotional weakness resulted by family problems, hatred,
used as evidence against him revenue, and love.
during the trial of the case.

4. The Interviewer’s Personal Traits.

Two Kinds of Confession
a) He must be a practical psychologist who understands the
human psyche and behavior.
Judicial Confession Extra-Judicial Confession
b) He has a sincere interest in people. People who are
a. made before the a. made out of court
reclusive generally are not good interviewers.
court of justice b. one is during custodial
especially during investigation when the
c) He is clam, has self-discipline, and keeps his temper.
arraignment when accused is brought d) He is courteous, decent and sensitive.
an accused is before the law e) He is self-assumed and professional. He is tactful, i.e. he
asked by the judge enforcers for an knows what to say when and how to say it.
whether he is guilty interrogation. f) He is cordial and agreeable, and never officious. But he
or not of the crime
charged should avoid over-familiarity it.
g) He is forceful, persistent and patient. Some people just
Extra-judicial confession to be
cannot be rushed.
admissible must be: h) He is analytical.
i) He is flexible and cautious.
a. voluntary j) He is a good actor and can conceal his own emotion.
b. made with the k) He avoids third degree tactics and never deviates from the
assistance of a fundamental principle that a person must be treated
competent and according to humanitarian and legal precepts.
independent counsel l) he keeps the rules of evidence in mind.
c. express, and
d. in writing
4. Planning the Interview.
In planning the interview, the interviewer should consider:
An extrajudicial confession, where admissible, must be
a) The facts of the case which have been established so far.
corroborated by evidence of corpus delicti in order to sustain
b) The information needed to complete the picture
a finding of guilt. In this connection, extrajudicial confessions
c) The sources of information that may be consulted such as
are presumed voluntary until the contrary is proved. (G.R. No.
files and records.
216064, November 07, 2016. PEOPLE OF THE PHILIPPINES,
d) The possibility of confronting the suspect with physical
Plaintiff-Appellee, v. ANTONIO DACANAY Y TUMALABCAB,
evidence.
Accused-Appellant.
e) The time available for the interview.
f) The time allowed by law.
CHAPTER 4
INTERROGATION AND INTERVIEW
5. Preparation of the Interview ¬– Before interviewing
a witness, the law enforcer should mentally review
INTERVIEW AND INTERROGATION
the case and consider what information the witness
can contribute. If the case requires it, he should
1. Interview Defined. - An interview is the questioning
acquaint himself with the background of the witness.
of a person believed to possess knowledge that is in official
interest to the investigator.
7. Time, Place and Surrounding Circumstance.
a) It is not always possible to fix the time and place of an
2. Importance of Interview. ¬ - Interview in crime
interview, but since memory is short, it is basic that an
investigation is very important considering that the person
interview with the witness and suspect(s) should take place
interviewed usually gives his account of an incident under
as soon as possible after the commission of the crime.
investigation or offers information concerning a person being
b) Interview of arrested person should be made as soon as
investigated in his own manner and words.
possible after the arrest.
c) Conduct interviews whenever possible in your own turf, i.e.
Basic Assumptions: Nobody has to talk to law enforcers. No
your office.
law compels a person to talk to the police if he does not want
d) Have an interview room where there will be privacy. It
to. Therefore, people will have to be persuaded, always
should be a plain room but not bleak. There should be few
within legal and ethical limits, to talk to law enforcers. This
furniture, and no distracting pictures, calendars or similar
makes interviewing an art:
items.
e) Arrange it so that there will be no interruption during the
3. The Person Interviewed
interview.
Consider:
f) Suspects should be interviewed separately and out of sight
a) His ability to observe.
and earshot of each other.
b) His ability to remember
g) If are two interviewers, let one man be the prime
c) His ability to narrate.
interviewer.
d) His mental weakness because of stupidity or infancy
h) Arrange chairs so that window light falls on the
e) His moral weakness because of drunkeness, drug addiction,
interviewee and not on the interviewer.
his being a pathological liar or similar factors.
i) The interviewer should adapt his speech to the style best
f) Emotional weakness resulted by family problems, hatred,
understood by the subject. In dealing with tan uneducated
revenue, and love.
subject, the interviewer should use simple words and
sentences.
Specialized Crime Investigation 2 with Simulation and Interview July 2022 Lamigo 4
j) Straight-back chairs should be used for both subject and
interviewer. Other types of chairs induce slouching or leaning
back, and such position are not conductive to proper
interviews.
k) The interviewer should remain seated and refrain from
pacing about the room.
8. Opening the Interview.
a) The interviewer should identify himself and the agency to
which he belongs.
b) He should try to size up the interviewee and reach to
tentative conclusion about his type, then use the best
interview approach.
c) He should keep in mind the provisions of law regarding
rights of people under custodial investigation.
9. The Body of the Interview.
a) The interviewee should be allowed to tell his own story in
his own words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii) It helps the interviewee recall and relate evens in their
proper order.
b) Interviewer should keep to the point at issue and should
not wander too far from it.
c) Interviewer should be alert for hearsay information so he
can question the interviewee on the matter later.
d) Do not interrupt a trend of ideas by abruptly asking a
question. Use the uninterrupted account of the witness
interview
e) However, you may guide the interviewee innocuous
questions such as, “And then what did you do?”
10. Questioning.
a) Dominate the interview.
b) Do not ramble.
c) Follow the order of time and bring out the facts in that
order. This technique is called “chronological questioning”
and is considered the easiest as people tend to think in terms
of what happened first, the, second, then third
d) Exhaust each topic before moving on to the next.
e) Determine the basis for each material statement.
f) Keep your questions simple and understandable.
g) The dangers of leading and misleading questions should be
borne in mind.
h) Wait for the answer to one question before asking a
second one.
i) Ask important questions in the same tone of voice as the
unimportant ones.
j) As a rule, avoid trick or bluffing questions.
k) Where it is necessary to inquire into the past history of the
interviewee involving something unpleasant, it is wise to use
introductory remarks deploring the need for the question and
saying that it is one of the unpleasant but necessary of an
officer.
11. Closing
a) Before closing the interview, the law enforcer should make
a mental check of the purpose of the interview and should
analyze what he has learned, then decide whether he has
attained his objective. He should be guided in this respect by
the 5 W’s and I H- what, where, when who, why and how.
b) The interviewer should always the door open for a re-
interview. Don’t forget to say “THANK YOU” after the
interview.
Specialized Crime Investigation 2 with Simulation and Interview
Note: Although the words “interview” and “interrogation”
have similar meanings, there are those who prefer to use
“interview” when questioning witness and informants, and
“interrogation” when questioning suspects.
A Philosophy of Interview and Interrogation:
The RIGHT officer, Asking the RIGHT questions, In the RIGHT
manner, At the RIGHT time and in the RIGHT place, Will get
the RIGHT answers.
INTERROGATION IN GENERAL
1. Interrogation Defined. 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.
2. Purpose of Interrogation
a) To obtain information concerning the innocence or guilt of
suspect.
b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn of the existence and location of physical evidence
such as documents or weapons.
f) To learn the identity of accomplices
g) To develop information which will lead to the fruits of the
crime.
h) To develop additional leads for the investigation
i) To discover the details of any other crime in which the
suspect participated.
3. Preliminary Conduct. – The interrogator should identify
himself a t the outset and state in general the purpose of the
interrogation. He must advise the suspect of his rights against
self-incrimination and inform him that he does not have to
answer questions and that, if he does answer, these answers
can be used as evidence against him. he must inform the
suspect of his right to counsel and that a state appointed
counsel will be made available without cost to him if he so
desires. No questioning of the suspect unless the latter has
definitely waived his right to be silent. Ordinarily the
investigator should be alone with the suspect and, of course,
the latter’s lawyer, if he has requested counsel.
4. The Interrogation Room – The room should provide
freedom from distractions. If should be designed simply to
enhance the concentration of both the interrogation and the
subject on the matter under questioning.
5. Interrogation Techniques – The following are some of the
techniques practiced by experienced investigators:
a) Emotional Appeals – Place the subject in the proper frame
of mind. The investigator should provide emotional stimuli
that will prompt the subject to unburden himself by
confiding. Analyze the subject’s personality and decide what
motivation would prompt him to tell the truth, then provide
those motives through appropriate emotional appeals.
b) Sympathetic Approach – The suspect may fell the need for
sympathy or friendship. He is apparently in trouble. Gestures
of friendship may win his cooperation.
c) Kindness – The simplest technique is to assume that the
suspect will confess if he is treated in a kind and friendly
manner.
July 2022 Lamigo 5
d) Extenuation – The investigator indicates he does not
consider his subject’s indiscretion a grave offense. Do not
treat the suspect as the most worst of all.
e) Shifting the Blame – The interrogator makes clear his belief
that the subject is obviously not the sort of person who
usually gets mixed up in a crime like this. The interrogator
could tell from the start that he was not dealing with a fellow
who is a criminal by nature and choice. The trouble with the
suspect lies in his little weakness – he like liquor, perhaps, or
he is excessively fond or girls or he has had a bad run of luck
in gambling.
f) Mutt & leff – Two (2) agents are employed. Mutt, the
relentless investigator, who is not going to waste any time
because he knows the subject, is guilty. Jeff, of the other
hand, is obviously a king-hearted man. Result to confess as
long as you will study the mode or personality of the suspect
you encounter.
CRIMINAL INTERROGATION SYSTEMS
1. Types of Offenders and Approaches to be used in Dealing
With Them:
a) Emotional Offenders have a greater sense of morality. They
easily feel remorse over what they have done. The best
approach in interrogating this type of offender is the
sympathetic approach.
b) Non-Emotional Offenders normally do not feel any guilt, so
the best way to interrogate them is through the factual
analysis approach, that is, by reasoning with the subject and
letting him know that his guilt has already been, or will soon
be, established.
2. Interrogation of Suspect Whose Guilt is Definite or
Reasonably Certain
a) Maintain an attitude that shows that you are sure of
yourself when you conclude that the subject is indeed guilty.
(i) Don’t be very friendly with the subject and do not offer a
handshake.
(ii) At the outset, accuse the subject of lying. If he reacts with
anger, this usually indicates innocence. But if he remains
calm, you can generally conclude that your suspicion of guilt
confirmed.
(iii) Interruption of questioning by the subject may indicate
innocence. Silence is equated is equated with guilt.
(iv) Do not allow the subject to repeatedly deny his guilt.
(v) Assume that the subject is guilty and proceed to ask why
he committed the act,
(vi) When interrogating a “big shot,” it may be useful to lower
his status by addressing him by his first name, instead of
using a title of respect.
(vii) Remember that one who is trained in criminal
interrogation is easier to question than an ordinary criminal
since he has less confidence in himself as a liar.
b) The subject should be made aware of the fact that the
interrogator knows information indicating his guilt and that
the interrogator is not merely “fishing” for evidence.
c) Let the subject know that he is showing signs of deception,
some of which are:
(i) Pulsation of the carotid (neck) artery
(ii) Excessive activity of the Adam’s apple
(iii) Avoiding the eyes of the interrogator, swinging one leg
over the other foot wiggling, wringing of the hands, tapping
of fingers, picking fingernails, etc.
(iv) Dryness of the mouth
(v) Swearing to the truthfulness of assertions. Guilty subjects
to strengthen their assertions of innocence frequently use
this.
Specialized Crime Investigation 2 with Simulation and Interview
(vi) “Spotless Past Record” – “Religious Man.” These are
asserted to support statements, which the subject knows,
and realizes the interrogator knows, to be false.
(vii) A “Not That I Remember” or “As Far As I Know”
expression should be treated as a veiled admission or half-
truth.
d) Sympathize with the subject by telling him that anyone
else under similar conditions or circumstances might have
done the same thing.
e) Reduce the subject’s guilt feeling by minimizing the moral
seriousness of his offense.
f) In order to secure the initial admission of guilt, the
interrogator should suggest possible reasons, motives or
excuses to the subject.
g) Sympathize with the subject by:
(i) Condemning his victim. During the questioning, the
interrogator should develop the notion that the initial blame,
or at least some the blame, for the crime rests upon the
victim.
(ii) Condemning the subject’s accomplice. But the
interrogator must be cautious so that the subject as leniency
or exculpation from liability does not misinterpret his
comments.
(iii) Condemning anyone else upon whom some degree of
moral responsibility might be placed for the commission of
the crime.
h) In encouraging the subject tot ell the truth display some
understanding and sympathy.
(i) Show sympathy through a pat on the shoulder (usually
reserved for men who are either younger that or of the same
age as the interrogator, or emotional offenders), or gripping
the subject’s hand. Care must be taken with female
offenders, who might consider any physical contact with the
interrogator as a sexual advance.
(ii) Tell the subject that even if he was your own brother (or
any other close relative), you would still advise him to speak
the truth.
(iii) Convince the subject tot ell the truth for his own moral or
mental well being
(iv) The “friendly-unfriendly” act. This is much like the Mutt
and Jeff system discussed earlier. The only difference is that
this act seems more effective if done by a single interrogator
playing both roles.
i) Point out the possibility of exaggeration on the part of the
accuser or victim or exaggerate the nature and seriousness of
the offense itself.
j) Early in the interrogation, have the subject situate himself
at the scene of the crime or in some sort of contact with the
victim or the occurrence.
k) Seek an admission of lying about some incidental aspect of
the occurrence by achieving this, the subject loses a great
deal of ground, bringing him nearer to the confession stage,
because he can always be reminded by the interrogator that
he has not been telling the truth.
l) Appeal to the subject’s pride well-selected flattery or by a
challenge to his honor. Flattery is especially effective on
women subjects.
m) Point out the uselessness of lying.
n) Point out to the subject the grave consequences and
futility of a continuation of his criminal behavior.
o) Rather than seek a general admission of guilt, first ask the
subject a question regarding some detail of the offense, or
inquire as to the reason for its commission.
p) When co-offenders are being interrogated and the
previously described techniques have been ineffective, play
one against the other. This is effective because when two or
more persons have collaborated in the commission of a
July 2022 Lamigo 6
criminal offense and are later apprehended for questioning,
there is usually a constant fear on the part of each participant
that one of them will “talk,” in exchange for some leniency or
clemency.
3. Interrogation of Suspect Whose Guilt is Uncertain
a) Ask the subject if he knows why he is being questioned.
b) Ask the subject to relate all he knows about the crime, the
victim, and possible suspects.
c) Obtain from the subject detailed information about his
activities before, during and after the occurrence under
investigation. This is a good method of testing the validity of
the subject’s alibi.
d) Where certain facts suggestive of the subject’s guilt are
known, ask him about them rather casually and as though the
real facts were not already known, to give the subject an
opportunity to lie. His answer will furnish a very good
indication of his possible guilt or innocence, and if he is guilty,
his position becomes very vulnerable when confronted with
the facts possessed by the interrogator.
e) At various intervals, ask the subject certain pertinent
questions in a manner, which implies that the correct
answers, are already known.
f) Refer to some non-existing incriminating evidence to
determine whether the subject will attempt to explain it; if he
does, that is an indication of guilt.
g) Ask the subject whether he ever thought about committing
the offense or one similar to it. If the subject admits he had
thought about committing it, this fact is suggestive of his
guilt.
h) In theft cases, if the suspect offers to make restitution, that
fact is indicative of guilt.
i) Ask the subject whether he is willing to take a lie-detector
test. the innocent person will almost always immediately
agree to take practically any test to prove his innocence,
whereas the guilty person is more prone to refuse to take the
test or to find excuses for not taking it, or for backing out of
his commitment to take it.
j) A subject who tells the interrogator, “All right, I’ll tell you
what you want, but I didn’t do it,” is, in all probability, guilty.
4. General Suggestions Regarding the Interrogation of
Criminal Suspects
a) Interview the victim, the accuser, or the discoverer of the
crime before interrogating the suspect.
b) Be patient and persistent. Never conclude an interrogation
at a time when you feel discouraged and ready to give up;
continue for a little while longer.
c) Make no promises when asked, “What will happen to me if
tell the truth?” A promise of leniency or immunity may induce
an innocent to confess.
d) View with skepticism the so-called conscience-stricken
confession.
e) When a subject has made repeated denials of guilt to
previous investigators, first question him, whenever
circumstances permit, about some other, unrelated offense
of a similar nature of which he is also considered to be guilty.
f) An unintelligent, uneducated criminal suspect, with a low
cultural background should be interrogated on a
psychological level comparable to that usually employed in
the questioning of a child.
5. Interrogation Witnesses and Other Prospective
Informants:
a) Give the witness or prospective informant an assurance
that the offender will not harm him or any member of his
Specialized Crime Investigation 2 with Simulation and Interview
family, and that there is a witness protection program
specially designed to meet that contingency when it becomes
necessary.
b) If such witness or prospective informant refuses to
cooperate with the police, try to sever any bond between him
and the offender, and proceed to interrogate the witness or
informant as if he were the suspect.
The Psychology of Lying Significance of Understanding Lie
Detection
In every criminal investigation, the truth must be
established to ensure proper prosecution of offenders.
Criminal investigators must exert all effort to determine lying
not only on the part of the suspect but as well as to everyone
involved in the criminal act – witnesses, victims, etc. In
establishing the truth, criminal investigators apply various
methods such as: observation; mechanical lie detection; use
of drugs that inhibits the “inhibitor”; hypnosis; and
interrogation (Hipolito, Manwong and Sarmiento, 2010
p.132).
Definition of Lie
Any untruthful statement; Falsehood; Anything that
deceives or creates false impression; to make untrue
statements knowingly, especially with intent to deceive; To
give an erroneous or misleading impression; Lie is also
synonymous to Deceit; deception; fabrication; falsehood; and
untruth (Hipolito, Manwong and Sarmiento, 2010 p.132).
Meaning of Detection
The act of detecting, discovery, perceiving, finding,
or uncovering something obscure (Hipolito, Manwong and
Sarmiento, 2010 p.133).
Types of Lie
1. Benign Lie or White Lie - Used to protect or
maintain the harmony of friendship or harmony of the home
or office.
2. Red Lie - This lie is common to communist
countries. This lie is used to destroy other ideologies by
means of propaganda.
3. Pathological Lie - this is a lie made by persons who
cannot distinguish right from wrong.
4. Black Lie - a lie accompanies pretensions and
hypocrisies, intriguing to cause dishonor or discredit ones
good image.
5. Malicious or Judicial Lie- A chronic lie purely to
mislead justice, a pure dishonesty to obstruct justice
(Curugan, Dalilis and Pagnas, 2003 p. 13).
Types of Liar
1. Panic Liars - one who lies in order to avoid the
consequences of a confession, He/She is afraid of
embarrassment to love ones and it is a serious blow to his /
her ego, He/She believes that confession will just make the
matter worst.
2. Occupational Liars - Is someone laid for spare
years, this person is a practical liar and lies when it has a
higher “pay off” than telling the truth.
3. Tournament Liars - Loves to lie and is excited by
the challenge of not being detected, this person views an
interview as another contest and wants to win, this person
realizes that he or she will probably be convicted but will not
give anyone the satisfaction of hearing him or her confesses,
July 2022 Lamigo 7
he wants that people will believe that the law is punishing an
innocent person.
4. Psychopathic Liars - the most difficult type, this
person has no conscience. He shows no regret for dishonestly
and no manifestation of guilt.
5. Ethnological Liars - is one who is taught not to be
a squealer,
*squealer – to cry or to shrill voice, used by
underworld gang in order for their member not to reveal any
secret of their organization.
6. Pathological Liars - A person who cannot
distinguish right from wrong (his mind is sick.), Is an insane
person.
7. Black Liars - A person who always pretends, (What
he thinks of himself, what kind of person he is, and what he
is.) (Delizo, 2015).
Signs of Lying According to General Categories
1. Verbal Clues – are words that are spoken, speed
of delivery, choice of words, tone of voice and other tense of
language.
2. Non-verbal Clues – can be observed in body
movements, gestures, facial expressions, body posture.
Verbal Clues of Lying
1. Way of responding to a question – truthful
answers are direct, deceptive answers are cautious.
2. Response Time – truthful persons answer
questions immediately. Liars answer with delay to think for
excuses.
3. Request for repetition of question – is done by a
person for him to think of what will be his answer.
4. Stammering – Untruthful persons usually stammer
when answering. Truthful persons answer straight and direct.
5. Over Politeness – the unusual way of using
respectable addresses such as sir and ma’am.
6. Volunteering Oath – Lying person frequently
swears that he/she is telling the truth. Truthful person simply
answers the question.
7. Clarity of Response – Lying person gives broad
answers. Truthful person answers clearly and directly.
8. Use of words – Lying person tends to avoid use of
appropriate word. Truthful person uses the Correct terms and
not thinking of any substitute word.
9. Assertiveness – Lying person are NOT sure of
his/her answer. Truthful person is Confident of his/her
answer.
10. Inconsistencies – Lying person tells Contradicting
word or ideas. Truthful person answers consistent from
previous statement.
11. Slip of the tongue – Lying person accidentally
tells the truth. Truthful person don’t experience this.
12. Tirades – Lying person provides long angry
answer. Truthful person answers short and direct.
13. Pauses – Lying person pauses frequently.
Truthful person answers with no unnecessary pause.
14. Speed of Speech – Lying person is so tensed and
may communicate very slow/fast. Truthful person answers
with normal speed (Curugan, , Dalilis, and Pagnas, 2003 pp.
15-17).
Non-Verbal Clues of Lying
1. Emblems – are bodily movements that indicate
meaning. Ex: shaking/nodding of head, shrugging shoulders,
thumbs up sign.
Specialized Crime Investigation 2 with Simulation and Interview
2. Manipulators – include acts of touching body parts
when talking. Ex: Grooming hair, wringing of hands, picking
imaginary fur from coat.
3. Fidgeting – the unusual activities of fingers during
talking.
4. Increased Breathing – serves as clue of telling a lie,
because when a person tells a lie, breathing is affected.
5. Excessive Sweating – Too much sweating is an
indication of telling a lie.
6. Frequent Swallowing – occurs when mouth is dry
due to questions that give stress to the person.
7. Facial Muscles – are functioning when a person
shows facial expression. Ex: Forcing a smile.
8. Unusual Movements of Eyes – when Pupil of an
eye rapidly blinks, its an indication of telling a lie.
9. Blushing of Face – when a person lies, blood rush
up to different parts of the body usually observed on face
(Curugan, , Dalilis, and Pagnas, 2003 pp. 17-18).
The Theory of Lie Detection
It must be recognized that there is no such thing as
an instrument that will detect lies. The popular name, Lie
Detector, given to a collection of certain medical instruments,
is somewhat misleading. No collection of inanimate objects
including the very finest and complicated modern computers,
can detect lies on the part of any human being. The students
can understandably ask, “Well, what does this do called “lie
detector” do?” The answer to that question is that the lie
detector records certain physiological activities of the body.
These activities are constantly in operation as long as the
person is alive. The student should be aware that the most
common lie detectors record a breathing pattern of
inspiration and expiration, a continuous pattern of relative
blood pressure and pulse rate, and a pattern of electro
dermal activity. It is well known that the body adapts itself as
efficiently as possible to its environment. If the environment
changes, the body will rapidly adjust itself to these changes.
This is done by a complicated system of internal checks and
balance primarily involving the autonomic nervous system.
This ability to adjust is necessary if the organism or body is to
survive in a constantly changing world. Those organisms that
cannot adjust rapidly die out. Historically, early human beings
have their own way of determining lying or guilt on the part
of the accused and accuser. Their common method is thru
the application of “ORDEAL.”(Hipolito, Manwong and
Sarmiento, 2010 pp.133-134).
Scientific Method Detecting Deception
It is the method of gathering and knowing from the
Subject about the crime dispute or the question of issue
employing the use of machine or device, drugs or substances
and other accessory means. Most of the tests are not reliable
to be true and thus the information gathered is not
admissible in court as evidence but only important to be used
for further investigation (Manalo, 1992 p. 6).
1.Lie Detector Test
A test used to record the physiological changes
associated with lying subject. The polygraph machine will
record the blood pressure, respiratory rate and the skin
resistance to electricity in a chart paper.
2. Administration of Truth Serum or Narco-analysis
July 2022 Lamigo 8
 This is a detecting deception method using narcotic
or anesthetic drug in order to get information from the
subject (Manalo, 1992 p. 6a).
Truth serum
Truth drugs such as sodium thiopental,
ethanol, and cannabis (historically speaking) are used for the
purposes of obtaining accurate information from an unwilling
subject. Information obtained by publicly disclosed truth
drugs has been shown to be highly unreliable, with subjects
apparently freely mixing fact and fantasy. Much of the
claimed effect relies on the belief of the subjects that they
cannot tell a lie while under the influence of the drug
(Kapoor, Chugh, Kapoor, Sinha, 2008).
Drugs used- (Truth Serum)
1. Hyocine hydrobromide
2. Sodium amytal
3. Penthotal
4. Seconal and other barbiturates
5. Methedrine
6. Methyl Phenidate
7. Droperidol
8. Scopolamine
9. Tricholoroethylene (Anesthetic drug) (Manalo, 1992
pp. 6-6a).
The tendency of the subject is to reveal in crime. The used of
this method in criminal interrogation is not advisable because
of the following reasons:
a) Administration of this drugs is dangerous
If not properly administered, it may kill the subject or damage
the brain or spinal cord in such a manner that the subject will
be turned like vegetable.
b) Unreliable results
The information gathered from the subject is not reliable to
be true.
If the subject gave false information under narcosis
c) It deprived the subject of his own free will to speak
freely
d) The information taken from the subject under
narcosis is not admissible, in court as evidence.
e) Very few doctors agree in the use of drugs for
criminal investigation unless use for diagnosis and treatment
of ailment (Manalo, 1992 pp. 6a-6b).
3. Use of Alcoholic Beverage
Alcohol in the form of alcoholic beverage maybe used as a
deception detection method. Usually the hard liquor is the
one preferred but other soft liquors may also be used provide
it served the purpose. The subject is made to drink the liquor
in divided amount up to the point of loss of control of the
mind and thus released of inhibitions. The subject will be
asked questions and the tendency of the subject is to forget
alibis and sometimes unveiling the secrets of crime. The
information taken from the subject under the influence of
alcohol is also not admissible in court as evidence because of
the involuntary condition of the subject, however, it maybe,
admissible if the subject can recall his statement when he
was under the influence of alcohol when confronted again
((Manalo, 1992 pp. 6b-6c).
4. Stimulus Association Test
Specialized Crime Investigation 2 with Simulation and Interview
In this test, the subject will be interviewed, wherein
a group of stimulus words or subjects or persons will be
presented to the subject. He will then be instructed to answer
the questions quickly as possible. The time interval between
each relevant question and the answer were noted down as
well as the reaction of the subject to the stimulus words as
well as the reaction of the subject to the stimulus words or
objects or persons related to the crime. The interval and the
reaction of the subject will be studied by the interrogator. A
person presumed to be guilty will usually make a mistake or
will have a long time interval in answering questions. He may
manifest hesitation in answering critical questions and
especially when the weapon used in the commission of crime
will be shown to him. There will also be inconsistencies in his
answers or responses to the stimulus (Manalo, 1992 p. 6c).
This test is also not reliable as a deception detection method
because of the following reasons:
a. A person like the recidivist and really guilty may
defeat the test by telling lies.
b. Sometimes, the test requires the use of intelligence
in answering questions.
c. A nervous person who is innocents and may have
long time interval in answering questions and may even have
signs and symptoms of guilt (Manalo, 1992 pp. 6c-6d).
5. Use of Hypnotism
The hypnotism finds its way in criminal investigation
by hypnotizing the subject and then questions will be asked
when the subject is under hypnosis. The subject is under the
control of influence by the hypnotist and therefore the
information gathered is devoid of the subject’s own free will
to speak making it not admissible in court (Manalo, 1992 p.
6d).
Definition of Terms
1. Polygraphy – This refers to the scientific method
of detecting deception with the use or aid of polygraph. The
art and science of truth verification and lie detection use of
polygraph technique and instrumentation (Gapasin, 1999 p.
11).
2. Polygraph – Poly means ‘many’ graph mean
‘writing charts’. It is an instrument or ant device for recording
changes in blood pressures pulse rate respiration and skin
resistance as indicative of emotional disturbance especially of
lying when questioned (Gapasin, 1999 p. 11).
3. Physiology – A branch of biology that deals with
the functions and activities of life or of a living matter (as
organs tissue or cells) and of the physical and phenomena
(Gapasin, 1999 p. 11).
4. Psychology - The mental and behavioral
characteristics of a person or a group (Gapasin, 1999 p. 11).
5.Philosophy – This refers to the systematize
principles of any subject or branch of knowledge an attitude
towards life (Gapasin, 1999 p. 11).
6. Psychiatry – This refers to the branch of medicine
concerned with the treatment and study of mental
and emotional disorders (Gapasin, 1999 p. 11).
7. Deception – This refers to an act of deceiving or
misleading usually accomplished by lying. Lying is the
uttering or conveying false hold or creating a false or
misleading impression with the intention of affecting
wrongfulness of the acts, opinion are affection to
July 2022 Lamigo 9
 another. Lying than can be accomplished either by
the verbal terms we use in communicating, by
projection of these terms into 77 making these
symbols inscribed on proper or by acts feign use or
other means by which may be to get the desired
result (Gapasin, 1999 pp. 11-12).
8. Detections – This refers to the act of discovering the
existence presence of fact of something hidden
obscure. Methods for deception is based on the fact
that involuntary bodily changes accompany
detection’s the apparent affects observed. Being the
psychological changes accompanying the emotions
of fear- primarily fear of consequences or exposure
(Gapasin, 1999 p. 12).
9. Emotion – Derive from the word ‘remover’ meaning
to stir up agitate or move. It is agitation or
disturbance or tumultuous physical or movement or
continuing a departure from usual calm state of the
organism as a loose of strong feeling an impulse to
avert action an internal changes in respiration,
circulation and glandular action (Gapasin, 1999 p.
12).
10. Fear – This refers to the emotional responses to
specific dangers that appears to be potentially
beyond a persons defensive powers. The lying
persons fear detection of the lie causing the
psychological changes o take place in his body. These
changes can be recorded with the polygraph
instrument and diagnosed by the examiner (Gapasin,
1999 p. 12).
11. Stimulus – This refers to the force or emotion
reaching the organism from the environment and
excites the receptors. In short it is any force that
arouses the organism or any of this parts to activity.
In the polygraph examination stimulus is presented
to subject in the form of questions (Gapasin, 1999 p.
12).
12. Reaction – This refers to any activity that aroused in
an organism by the stimulus. It is an action or mental
attitude evoked by an external influence (Gapasin,
1999 p. 12).
13. Response - This refers to any activity of a previous
activity of an organism or an affect or (muscle or
glands) organs or part of he organism resulting from
the stimulation (Gapasin, 1999 p. 12).
14. Examiner/polygraphist – The one who conducting
polygraph examination (Gapasin, 1999 p. 13).
17. Admission – This refers to self- incriminating
statement failing of short of an acknowledgment of
guilt (Gapasin, 1999 p. 13).
18. Confession – This refers to the voluntary statement
made by a person and given to proper authorities
wherein he acknowledge himself to be guilty of an
offense and discloses of circumstances of this
felonies act or of the share and participation which
he/she had in it (Gapasin, 1999 p. 13).
CHAPTER 5
Ponzi and Pyramid Scheme
Ponzi Scheme History
A Ponzi scheme (/ˈpɒnzi/, Italian: [ˈpontsi]; also a Ponzi game)
is a form of fraud that lures investors and pays profits to
earlier investors with funds from more recent investors. The
scheme leads victims to believe that profits are coming from
product sales or other means, and they remain unaware that
other investors are the source of funds. A Ponzi scheme can
maintain the illusion of a sustainable business as long as new
investors contribute new funds, and as long as most of the
investors do not demand full repayment and still believe in
the non-existent assets they are purported to own.
Characteristics
1. require an initial investment and promise above average
returns
2. the operator pays high returns to attract investors and
entice current investors to invest more money
3. high returns encourage investors to leave their money in
the scheme
4. Operators also try to minimize withdrawals by offering new
plans to investors where money cannot be withdrawn for a
certain period of time in exchange for higher returns.
5. sometimes begin as legitimate investment vehicles
According to the U.S. Securities and Exchange Commission
(SEC), many Ponzi schemes share similar characteristics that
should be "red flags" for investors. The warning signs include:
• High investment returns with little or no risk.
• Overly consistent returns.
• Unregistered investments.
• Unlicensed sellers.
• Secretive or complex strategies.
• Issues with paperwork.
• Difficulty receiving payments.
What was the biggest Ponzi scheme?
Bernie Madoff, who was once the chairman of the NASDAQ
stock exchange, conned investors out of approximately $65
billion, making it the biggest Ponzi scheme in history. Madoff
was arrested in 2008.

15. Subject/examinee – This refers to the person Similar schemes

undergoing polygraph test/examination (Gapasin, Ponzi Schemes
1999 p. 13). the schemer acts as a "hub"
for the victims, interacting
16. Chart/polygrams – This refers to the composite with all of them directly
record of the pneumograph, galvanograph and
cardiosphymograph tracing recorded from one claims to rely on some
series of questions (Gapasin, 1999 p. 13). esoteric investment
approach, and often attracts
well-to-do investors
can survive (at least in the
Specialized Crime Investigation 2 with Simulation and Interview July 2022
Pyramid Schemes
those who recruit additional
participants benefit directly.
Failure to recruit typically
means no investment return.
explicitly claim that new
money will be the source of
payout for the initial
investments
typically collapses much
Lamigo
10
short-term) simply by faster because it requires
persuading most existing exponential increases in
participants to reinvest their participants to sustain it
money, with a relatively
small number of new
participants
What is RA 7394 all about?
Republic Act 7394, otherwise known as the Consumer
Welfare Act. RA 7394 aims to protect consumers against
hazards to health and safety, protect consumers against
deceptive, unfair and unconscionable sales acts and practices,
provide information and education to facilitate sound choice
and the proper exercise of rights by the consumers, provide
adequate rights and means of redress, and involve consumer
representatives in the formulation of social and economic
policies.
How do you know if its a pyramid scheme?
The telltale signs of a pyramid scheme
• Your income is based mainly on the number of
people you recruit, and the money those new recruits pay to
join the company — not on the sales of products to
consumers.
• You're required to buy lots of inventory.
• You're forced to buy other things you don't want or
need just to stay in good standing with the company.
CHAPTER 6
Crime Against Property and Person
ROBBERY
a. What law punishes the crime of Robbery?
-Revised Penal Code Article 293 -298
b. What are the elements of the crime of Robbery?
1. The personal property belongs to another.
2. The unlawful taking of that property.
3. With intent to gain (animus lucrandi).
4. Violence against or intimidation of any person or force
upon things.
5. The offense can be committed by a band or with the use of
firearms on a street, road or alley or by attacking a moving
train, street car, motor vehicle or airship or by entering or
taking the passenger conveyance by surprise.
6. Other analogous acts
c. What are the evidences needed to file the crime of
robbery?
1. Testimonial Evidence –Affidavit of complainant and
witnesses
2. Documentary Evidence –photographs, videos, police
reports and other documents.
3. Object Evidence –stolen items, weapons and other devices
4. Other relevant evidence
ROBBERY IN AN INHABITED HOUSE OR EDIFICE FOR WORSHIP
AND PRIVATE BUILDING
a. What laws punish the robbery in an inhabited house or
public or edifice devoted for worship or in an uninhabited
place or in a private building?
Specialized Crime Investigation 2 with Simulation and Interview
Article 299 -302
b. What are the elements of robbery in an inhabited house or
public or edifice devoted for worship or in an uninhabited
place or in a private building?
1. The culprit must enter the building where the object to be
taken is found.
2. The entrance is effected by any of the following means
through an opening not intended for entrance, breaking any
wall, roof or floor, outside door or window, using false keys,
picklocks or similar tools.
3.The entrance is not required when the doors (of furniture),
wardrobes, chest or sealed furniture are broken or taking
such object away to be broken outside the place of robbery.
4.Other analogous acts
c. What is the evidence needed to file a crime of robbery in
an inhabited house or public or edifice devoted for worship or
in an uninhabited place or in a private building?
1. Testimonial Evidence –Affidavit of complainant and
witnesses
2. Documentary Evidence –photographs, videos, police
reports and other documents
3. Object Evidence –stolen items, weapons and other devices
4. Other relevant evidence
BRIGANDAGE
a. What law punishes the crime of Brigandage?
-Revised Penal Code Article 306-307
b. What are the elements of Brigandage?
1. The offense is committed by at least four armed persons.
2. The offenders formed a band for the purposes of
committing any or all of the following:
a) robbery in the highway;
b) kidnap persons for ransom;
c) attain any other purpose through force and violence.
3. There is a preconceived or intended victim.
4. Other analogous acts
NOTE:
Those who profit from the loot are liable as aiding and
abetting a band of brigands.
c. What is the evidence needed to file a crime of Brigandage?
1. Testimonial Evidence –Affidavit of complainant and
witnesses
2. Documentary Evidence –photographs, videos, police
reports and other documents
3. Object Evidence –stolen items, weapons and other devices
4. Other relevant evidence
THEFT (HURTO)
a. What law punishes the crime of Theft?
Revised Penal Code Article 308
b. What are the elements of Theft?
1. Any personal property belonging to another.
2. The personal property is taken with intent to gain.
3. The taking is without the owner‟s consent.
July 2022 Lamigo
11
4. Absence of or without violence or intimidation of persons
or force upon things.
5. Other analogous acts
NOTE:
Theft is consummated when the offender is able to take
possession of the thing. Once the thief has full possession of
the thing, even if he did not have a chance to dispose the
same, theft is consummated.
c. What is the evidence needed to file a crime of Theft?
1. Testimonial Evidence –Affidavit of complainant and
witnesses
2. Documentary Evidence –photographs, videos, police
reports and other documents
3. Object Evidence –stolen items, weapons and other devices
4. Other relevant evidence
Violation of the Anti- Carnapping Law (R.A. No. 6539)
a) machine copy of the certificate of motor vehicle
registration;
b) machine copy of the current official receipt of payment of
the registration fees of the subject motor vehicle; and
c) other evidence of ownership.
6. Violation of the Anti-Cattle Rustling Law (PD No. 533)
a) machine copy of the cattle certificate for registration; and
b) photograph of the cattle, if readily available.
7. Violation of the Fisheries Law (PD No. 704)
a) photograph of the confiscated fish, if readily available; and
b) certification of the Bureau of Fisheries and Aquatic
Resources.
CRIME AGAINST PERSONS
PARRICIDE
a. What law punishes the crime of Parricide?
- Revised Penal Code Article 248
b. What are the elements of Parricide?
1. The offender killed his father, mother, child (legitimate of
illegitimate), legitimate other ascendant or descendant and
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.
4. Other analogous acts
c. What is the evidence needed to file a crime of Parricide?
1. Testimonial Evidence – Affidavit of complainant and
witnesses.
2. Documentary Evidence – photographs, videos, police
reports and other documents.
Object Evidence – weapon used and autopsy of slain
victims.
4. Other relevant evidence
DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCE
a. What law punishes the crime of Death or Physical Injuries
under
Exceptional Circumstance?
- Revised Penal Code Article 245
b. What are the elements of Death or Physical Injuries under
Specialized Crime Investigation 2 with Simulation and Interview
Exceptional Circumstance?
1. The offender is either: a) a legally married person (wife or
husband); or b) a parent.
2. The victim was surprised by: a) his/her spouse; or b)
his/her
daughter who is under 18 years of age and living with
him/her,
in the act of committing sexual intercourse with another
person, as the case maybe.
3. The offender kills or inflicts serious physical injuries upon
any
or both of them.
4. The offender must catch the culprits in the act of sexual
intercourse.
5. Other analogous acts
c. What is the evidence needed to file a crime of Death of
Physical
Injuries under Exceptional Circumstance?
1. Testimonial Evidence – Affidavit of complainant and
witnesses
2. Documentary Evidence – photographs, videos, police
reports
and other documents.
3. Object Evidence – weapon used.
4. Other relevant evidence
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, standing 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 (as amended by RA 7659).
3. These qualifying circumstances must be alleged in the
information otherwise, they could not be proven as such
under
the principle of non alegata non probate. What is not alleged
cannot be proven.
4. Other analogous acts
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.
July 2022 Lamigo
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4. Other relevant evidence c. What is the evidence needed to file a crime of Giving
Assistance To
HOMICIDE Suicide?
a. What law punishes the crime of Homicide? 1. Testimonial Evidence – Affidavit of complainant and
- Revised Penal Code Article 249 witnesses.
b. What are the elements of Homicide? 2. Documentary Evidence – photographs, videos, police
1. Homicide is the killing of any person which does not reports
constitute and other documents.
parricide, infanticide or murder and it is not attended by any 3. Object Evidence – Autopsy, weapons used and other
justifying circumstances. Forensic
2. Homicide is generic term and could be committed by culpa Reports.
(negligence) or dolo (intent). 4. Other relevant evidence
3. Other analogous acts
c. What is the evidence needed to file a crime of Homicide? INFANTICIDE
1. Testimonial Evidence – Affidavit of complainant and a. What law punishes the crime of Infanticide?
witnesses. - Revised Penal Code Article 255
2. Documentary Evidence – photographs, videos, police b. What are the elements of Infanticide?
reports 1. This offense contemplates the killing of any child less than
and other documents. 3
3. Object Evidence – Autopsy, weapons used and other days old (72 hours).
Forensic 2. The victim may not necessarily be the child of the offender.
Reports. 3. Other analogous acts
4. Other relevant evidence c. What is the evidence needed to file a crime of Infanticide?
1. Testimonial Evidence – Affidavit of complainant and
DEATH CAUSED OR INJURIES INFLICTED IN A witnesses.
TUMULTUOUS 2. Documentary Evidence – photographs, videos, police
AFFRAY reports
a. What law punishes the crime of Death Caused or Injuries and other documents.
Inflicted 3. Object Evidence – Autopsy, weapons used and other
in a Tumultuous Affray? Forensic
- Revised Penal Code Article 251-252 Reports.
4. Other relevant evidence
b. What are the elements of Death Caused or Injuries Inflicted
in a ABORTION
Tumultuous Affray? a. What law punishes the crime of Abortion?
1. Tumultuous affray takes place when a quarrel occurs - Revised Penal Code Article 256
among b. What are the elements of Abortion?
several persons in tumultuous or confused manner. 1. Intentional abortion committed by using violence upon the
2. The persons killed or wounded with the author thereof person for the pregnant woman.
incapable of being ascertained but the ones who inflicted PNP Criminal Investigation Manual 2011
serious physical injuries could be identified. 3 - 54 -
3. The person is killed but author thereof cannot be 2. Intentional abortion committed without using violence but
identified. without consent of the woman.
4. Other analogous acts 3. Intentional abortion with the woman‟s consent (with or
c. What is the evidence needed to file a crime of Death without
Caused or violence).
Injuries Inflicted in a Tumultuous Affray? 4. Unintentional abortion, meaning abortion through reckless
1. Testimonial Evidence – Affidavit of complainant and imprudence but with use of violence.
witnesses. 5. Abortion practiced by the woman herself or by another
2. Documentary Evidence – photographs, videos, police person
reports with her consent.
and other documents. 6. Abortion committed by the parents of the pregnant woman
3. Object Evidence – Autopsy, weapons used and other with her consent to conceal dishonor.
Forensic 7. Abortion intentionally caused by a physician or midwife or
Reports. brought about by their assistance.
4. Other relevant evidence 8. The act of a pharmacist in dispensing abortives.
9. Abortion is the willful killing of the fetus in the uterus, or
GIVING ASSISTANCE TO SUICIDE the
a. What law punishes the crime of Giving Assistance to violent expulsion of the fetus from the maternal womb which
Suicide? results in its death.
- Revised Penal Code Article 253 10. Other analogous acts
b. What are the elements of Giving Assistance to Suicide? c. What is the evidence needed to file a crime of Abortion?
1. The offender helps the victim to commit suicide. 1. Testimonial Evidence – Affidavit of complainant and
2. The act of suicide may necessarily be consummated. witnesses.
3. Other analogous acts 2. Documentary Evidence – photographs, videos, police
reports
Specialized Crime Investigation 2 with Simulation and Interview July 2022 Lamigo
13
and other documents.
3. Object Evidence – Autopsy, weapon used and other
Forensic
reports.
4. Other relevant evidence
HOMICIDE (GENERIC) INVESTIGATION
a. Upon Receipt of Call/Walk-in Complaint. The duty desk
officer
shall:
1. Record the time it was reported;
2. Get the identity of the caller/complainant;
3. Get the place of the incident;
4. Get the nature of the incident;
5. Get the number of victims;
6. Record the brief synopsis of the incident;
7. Direct the nearest mobile car/beat patrollers or the nearest
police precinct to act as first responder equipped with a
camera and “police line” to secure the place of incident; and
8. Inform the duty investigator (preferably one team of
investigator).
b. Guidelines in Homicide Investigation
1. Record the time the call was received as well as the time of
arrival at the scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have
been noted and photographed. The position of evidence
should be measured and/or photographed in reference to
permanent fixtures in the crime scene.
4. Pay attention to the wound inflicted which may have
caused
the death of the victim and how it was committed.
5. Designate one person to pick up all physical evidence. No
one should touch or move anything unless and until the
fingerprint technician has finished his tasks.
6. A systematic, detailed search of the crime scene should be
conducted.
7. Colored as well as black-and-white photographs should be
taken.
8. Look for physical evidence that will tend to prove the
elements
of the crime under investigation.
9. Take note of unusual odors, symbols, fetishes, rituals.
10. When the body is finally moved, attention should be given
to
the area beneath the body.
11. While moving the body, use a rubber sheet to prevent
contaminating the crime scene with spilled blood.
12. Conduct a careful inspection of a dead person holding a
gun.
(The hand of a dead person usually has no gripping
power. Therefore, if the gun was placed in an unnatural
position (Cadaveric Spasm), it may have been placed in the
hand after the death of the person).
13. Note the condition and types of food at the crime scene
as the
pathologist may be able to use this information in
determining
whether the victim‟s last meal was eaten at the crime scene.
14. The course and direction of each bullet should be
determined.
This applies to the trajectory of the bullet through the body
as
well as the trajectory of the bullet through a solid object at
the
crime scene.
Specialized Crime Investigation 2 with Simulation and Interview
15. If all slugs were not removed at the crime scene, have the
body X-rayed. This is excellent for determining the distance of
fire from patterns and shows the trajectory of the bullet
through the body.
16. Take photographs of all bystanders. These may be helpful
later to identify possible witnesses or subject (who
sometimes
DOES return to the crime scene).
17. Try to:
a) Determine if any of the victim‟s valuables are missing.
b) Record the color of blood stains (bright red, reddish
brown, brown, black or almost black).
c) Determine what portion of the stain is wet (just the
center, completely wet, completely dry, dry around the
edges) for an estimate of time of death.
d) If the blood is wet, see if a paper clip will separate the
stain as it goes through or if the blood will flow together
again.
e) Note the size, dimension and location of blood drops.
f) Determine the direction and distance of blood drops.
g) Enter in your notebook details of the test to determine
whether the victim is still alive. Record if the body is cool
to touch, warm, etc.
h) Record the weather, as well as weather changes (sunny
to cloudy or vice-versa).
i) Talk to everyone with whom the suspect has spoken.
j) Look for weapons which could have inflicted the wounds.
k) Obtain soil samples (double handfuls) at ten-foot
intervals in circles around the body and the scene, when
appropriate.
l) Take samples of other items for exclusionary purposes.
m) Obtain botanical samples when necessary.
n) Take a temperature reading of the scene. If the body is
submerged in a bathtub, record the temperature of the
water at the time of your arrival.
18. If it is necessary to cut the victim‟s clothing, avoid using
bullet
or knife holes. Where possible, cut the clothing along seams
so that the clothing can be restored to approximately its
original condition.
19. The spatter pattern of blood spots should be noted as it is:
a) An aid in determining if the object or persons was in
motion when the blood spattered.
b) Possible for an expert to tell you how the crime was
committed as indicated by the blood spots.
c) Possible to trace every spot to its origin by observing its
characteristics.
d) Indicative of whether it was a result of a weapon striking
a victim, or it was thrown there from a weapon, or it was
created by some other weapon.
20. BE CAUTIOUS. Remember that fingerprints may be
present
on light switches, light bulbs, telephone, doorknobs, etc.
21. When fingerprints are on an object which has a dark
color,
consider using fluorescent powder as the standard fingerprint
powders are not as effective in developing latent prints on
such objects. Aerial photographs of the crime scene and
escape route should be taken, when possible and practicable.
c. Things to Remember in the conduct of Homicide (Generic)
Investigation
Places of Importance
1. The crime scene. Make a methodical and thorough search.
2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this route.
July 2022 Lamigo
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4. Places where victim was seen immediately prior to his
death.
Who was with him/her? What was he doing? Was this
customary? Get the time.
5. Places where suspect claims he was; places where he was
seen before, during and after the crime was committed for
the
purpose of checking his alibi.
6. Places where evidence can be found. Weapons or poison,
etc. – Where can they be obtained? Where can they be
hidden?
7. Places where the suspect and the victim were frequently
seen
before the commission of the crime.
8. Place/s of suspect/s lairs.
Times of Importance
1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim‟s movement preceding death
6. Time relating to suspect(s) movements.
7. Time the crime scene was turned over by the first
responder to
the investigator.
8. Time the investigator arrived at the crime scene.
9. Time started/terminated processing of the crime scene by
the
investigator and the SOCO.
10. Time the recovered evidence was turned to evidence
custodian.
11. Time the investigator was dispatched.
12. Time of the arrival of SOCO team at the Crime Scene.
Persons of Importance
1. Victim - victim‟s personal background/history and his/her
relationship with other people.
2. Witnesses - Get their statements without delay.
3. Suspects - Isolate them if there is absolute evidence against
them.
4. Person who reported the crime - Remember that he
probably
has key information. Check out his statement.
5. Persons who stand to gain by the death. This is a sensitive
matter. Be circumspect in your approach.
6. Relatives and other sources of information.
Things of Importance
1. Body of the deceased.
2. Properties or belongings of the deceased. Here, we may
find
motive.
3. Weapons – what in particular? Locate, list and record them
as
evidence.
4. Means of transportation
5. Sounds, shots, screams, arguments, or falling objects.
6. Odors – gunpowder, distinctive smell of poison, etc.
7. Items of evidence should be legally obtained and carefully
preserved.
d. Handling the suspect
1. Obtain the following evidence from the suspect:
a) The suspect‟s clothing should be photographed, marked,
and sent to the crime laboratory for examination.
b) Any scratches on the suspect should be photographed.
c) Fingernail scrapings should be obtained.
d) Take blood samples from the suspect in a medically
approved manner and with proper legal justification.
Specialized Crime Investigation 2 with Simulation and Interview
e) Take hair samples.
f) Have the fingerprint technician check the paper money
which may have been taken from the victim‟s house for
the victim‟s fingerprints.
g) Check the suspect‟s personal effects very closely for
items of evidentiary value.
h) Obtain teeth mark impressions when appropriate.
i) Semen samples in rape or rape with homicide cases
should be obtained medically.
j) Consider polygraph examinations.
2. Never take a suspect or a subject to the crime scene in the
clothing he was wearing at the time he was arrested. (This
includes shoes.) The accused lawyer may later claim that the
clothing was contaminated at the scene of the crime.
3. Attempt to ascertain the following:
a) The suspect‟s mode of living as compared to the amount
of his income.
b) The suspect‟s mode of living before the crime as
compared to his mode of living after the crime. (Compare
his financial condition before the crime with his financial
condition after the crime).
c) Compare his behavior before the crime with his behavior
after t the crime.
d) Make a methodical and complete check of the suspect‟s
alibi.
e. Body and Post-Mortem
1. Designate a member of the investigating team to secure
the
cadaver from the scene up to the place where the autopsy
will
be conducted.
2. An investigating officer should remain at the autopsy area
to
prevent the embalming of the cadaver and to prevent anyone
from touching or removing any of the clothing from the said
cadaver until the medico-legal officer arrives.
3. Obtain a copy of the autopsy report.
4. Make a detailed report to the Chief of Office regarding the
findings of the medico-legal officer.
f. Follow-up Investigation
1. Look for possible witness/es, who may be close friends or
relatives of the victim, past pictures of the victim with
anyone,
or even relatives that can possibly help in the solution of the
case.
2. Methodically interview residents in the area and record the
interviews by using a tape recorder or taking notes.
3. Re-enact the crime to possibly establish what transpired at
the
crime scene.
4. Return to the crime scene during the time of day the crime
was committed. (As we are all creatures of habit, possible
witnesses and suspects can be located through this
technique).
5. Conduct case conference for regular updates.
6. Check the victim‟s and the suspect‟s toll calls. (Records of
toll
calls are usually retained for approximately three months by
the telephone companies).
7. Present photographs and crime reports to several
psychiatrists
to ascertain what type of person would commit such a crime,
including the motives.
8. If there is/are already witnesses, keep them separated so
that
they will give what they personally observed and not just
July 2022 Lamigo
15
corroborate what others are saying. b. What are the elements of Serious Physical Injuries?
g. Court Preparation 1. The injured person becomes insane, imbecile, impotent or
1. Have a diagram of the crime scene and the location of all blind.
evidence. 2. Injured party loses speech, hearing and smelling power or
2. Make a list of the evidence on hand and what you hope to loses an eye, hand, foot, arm, leg or the use of such member,
prove with it. or becomes incapacitated for work.
3. Be prepared to show the following: 3. Injured persons a) becomes deformed; or b) loses any
a) Relationship existed between the victim and the suspect. other
b) Indications that the suspect threatened to harm the member of his body; or c) loses the use thereof; or d)
victim. becomes incapacitated to work for more than 90 days.
c) Possible witnesses to the threats. 4. Injured person is incapacitated for more than 30 days but
d) A photograph of the crime scene (before and after not
processing) can be very helpful. more than 90 days.
e) Review everything, including testimony, with the 5. The offender has no intent to kill.
prosecutor before trial. 6. Other analogous acts
f) Review with witnesses their testimony to refresh their c. What is the evidence needed to file a crime of Serious
memory. Physical
Injuries?
CHALLENGING TO A DUEL 1. Testimonial Evidence – Affidavit of complainant and
a. What law punishes the crime of Challenging to a Duel? witnesses.
- Revised Penal Code Article 261 2. Documentary Evidence – photographs, videos, police
b. What are the elements of Challenging to a Duel? reports
1. A duel is a combat with deadly weapons between 2 and other documents.
persons 3. Object Evidence – Medical examination, weapons used and
under certain agreed and prescribed rules. Forensic reports.
2. The person who killed or inflicted physical injuries upon his 4. Other relevant evidence
adversary, or both combatants in any other case, as
principals. ADMINISTERING INJURIOUS SUBSTANCES
3. Other analogous acts a. What
c. What is the evidence needed to file a crime of Challenging Substances? law punishes the crime
to a of Administering Injurious
Duel? - Revised Penal Code Article 264
1. Testimonial Evidence – Affidavit of complainant and b. What are the elements of Administering Injurious
witnesses Substances?
2. Documentary Evidence – photographs, videos, police 1. There must not be intent to kill.
reports 2. The injuries produced are grave in character.
and other documents 3. The offender was aware that the substance administered
3. Object Evidence – Autopsy, weapon used and other may
Forensic be detrimental to the victim‟s health.
reports 4. Other analogous acts
4. Other relevant evidence c. What is the evidence needed to file a crime of
Administering
MUTILATION Injurious Substances?
a. What law punishes the crime of Mutilation? 1. Testimonial Evidence – Affidavit of complainant and
- Revised Penal Code Article 262 witnesses.
b. What are the elements of Mutilation? 2. Documentary Evidence – photographs, videos, police
1. The offense committed is mutilation, or lopping or clipping reports
off and other documents.
any part of the body of the victim or castrating the organs 3. Object Evidence – Medical examination, substance
necessary for reproduction. administered and Forensic reports.
2. The offense is done intentionally and purposely. 4. Other relevant evidence
3. Other analogous acts 3.7.14 LESS SERIOUS PHYSICAL INJURIES
c. What is the evidence needed to file a crime of Mutilation? a. What law punishes the crime of Less Serious Physical
1. Testimonial Evidence – Affidavit of complainant and Injuries?
witnesses. - Revised Penal Code Article 265
2. Documentary Evidence – photographs, videos, police b. What are the elements of Less Serious Physical Injuries?
reports 1. The period of incapacity for labor is for 10 days not more
and other documents. than
3. Object Evidence – Medical results, weapon used and 30 days or needs medical attendance for the same period.
Forensic 2. The wound requires medical attendance for only 2 days but
reports. the injured party was prevented from attending to his
4. Other relevant evidence ordinary
to his regular employment for a period of 29 days, the injuries
SERIOUS PHYSICAL INJURIES are less serious. (Trinidad 4 Phil. 152)
a. What law punishes the crime of Serious Physical Injuries? 3. Other analogous acts
- Revised Penal Code Article 263 c. What is the evidence needed to file a crime of Less Serious
Specialized Crime Investigation 2 with Simulation and Interview July 2022 Lamigo
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Physical Injuries?
1. Testimonial Evidence – Affidavit of complainant and
witnesses
2. Documentary Evidence – photographs, videos, police
reports
and other documents
3. Object Evidence – Medical results, weapons used and
Forensic reports
4. Other relevant evidence
SLIGHT PHYSICAL INJURIES AND MALTREATMENT
a. What law punishes the crime of Slight Physical Injuries and
Maltreatment?
- Revised Penal Code Article 266
b. What
Maltreatment? are the elements of
Slight Physical Injuries and
1. There is no evidence of actual injury.
2. The offense is considered ill treatment.
3. Other analogous acts
c. What is the evidence needed to file a crime of Slight
Physical
Injuries and Maltreatment?
1. Testimonial Evidence – Affidavit of complainant and
witnesses.
2. Documentary Evidence – photographs, videos, police
reports
and other documents.
3. Object Evidence – medical results.
4. Other relevant evidence
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)
3. Rape is qualified under the following circumstances:
a) When the victim is under 18 years old and the offender is
a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or
the common law spouse of the parent of the victim;
b) When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution;
c) When the rape is committed in full view of the spouse,
parent, any of the children or other relatives within the
third civil degree of consanguinity;
d) When the victim is a religious engaged in legitimate
religious vocation of calling and is personality known to
be such by the offender before or at the time of the
commission of the crime;
Specialized Crime Investigation 2 with Simulation and Interview
e) When the victim is a child below 7 years old;
f) When the offender knows that he is afflicted with human
Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is
transmitted to the victim;
g) When the offender is a member of the armed forces of
the Philippines or para-military units thereof or the
Philippines National Police or any law enforcement
agency or penal institution, when the offender takes
advantage of his position to facilitate the commission of
the crime;
h) When by reason or on the occasion of the rape, the
victim suffered permanent physical mutilation or
disability;
i) When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime; and
j) When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.
4. Other analogous acts
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?
1. Testimonial Evidence – Affidavit of complainant and
witnesses.
2. Documentary Evidence – photographs, videos, police
reports
and other documents.
3. Object Evidence – Medical records, seminal/DNA Test,
weapons used and other forensic reports.
4. Other relevant evidence
Definition of Terms:
Accusation - a charge of crime or misconduct.
Acquit - to completely clear a criminal defendant of a charge
by finding him or her not guilty.
Admission - oral or written statement tending too link its
maker to involvement in a particular crime.
Arraignment - the initial formal act of calling a defendant into
court in a criminal case and reading the indictment, charges,
information, or complaint against him or her.
Arrest - apprehension and detention of a person in order that
he or she may be forthcoming to answer for an alleged or
suspected crime.
Arson - at common law, the malicious and willful burning of
another's dwelling, outhouse or parcel; by most modem
statutes, the malicious and willful burning of specific types of
property, another's or one's own.
Beyond a reasonable doubt - highest standard of proof which
must be met in order to determine liability. The state must
July 2022 Lamigo
17
prove guilt beyond a reasonable doubt to a moral certainty in Subpoena - the legal document that orders a person to
a criminal case. Brain syndrome - typical brain disorder. appear in court as a witness.
Brisance - shattering effect of an explosion. Subpoena duces-tecum - orders person to bring certain
Case - criminal action or civil lawsuit filed in court. records and/or documents to court.
Prima facie case - minimal amount of proof necessary for Suicidal - prone to intentionally take one's own life; tending
party bringing action to get case to a jury. towards suicide.
Clandestine - secret; most often used in terms of espionage Testify - to give testimony as a sworn witness in court
or sabotage, for an illegal purpose. Testimony - words spoken under oath by a witness on the
Admissible - an inference drawn by a witness from Transcript - a written, verbatim account of all oral
observation of certain behavior or action, such as an expert proceedings in court.
opinion from a qualified expert. Inadmissible - something Trial
assumed to have occurred, based on mere belief or Court trial - hearing held by a judge to determine guilt or
speculation of events by a non-expert witness. innocence of an accused defendant.
Confession - an oral or written admission of involvement in a Criminal trial - court proceeding in which an accused
crime. defendant's guilt or innocence is determined by a judge or a
Constitutional right - privilege guaranteed to a person under jury. Civil trial - a hearing conducted by a district court.
the u.s. constitution or a state constitution. Venue - geographical are where a
Corpus delicti - the substance or foundation of a crime, court has jurisdiction over judicial
including all of the actions and intention which must be proceedings.
present for example, the corpus delicti of arson is the (1) Willful - voluntary, intentional exercise of will, often
willful (2) malicious (3) burning of (4) property. characterizes an action done deliberately in order to bring
Court - place where judge and jury hear and decide cases. about a desired consequence. Also usually an element of
Crime - a positive or negative act in violation of penal law arson.
punishable by the state. Witness - a person who testifies in court after taking an oath.
Demeanor - appearance and behavior, as for a witness in Expert witness - person qualified to testify to matters
court. requiring special expertise and skill.
Dismiss - to toss out or drop a case filed in court. Lay witness - person who testifies about matters
Dismissal - the discarding of charges and termination of a requiring no special expertise.
case filed in court. Material witness - person whose testimony has significant
Direct - information that proves existence of a fact by itself. impact on a final decision in the case, like an eyewitness.
For example, eyewitness testimony. Witness chair - the seat on the witness stand where witnesses
Hidden - .items of proof never disclosed by one party prior to sit while testifying.
trial. See discovery. Witness stand - the place occupied by
Material - important information admitted at a hearing or witnesses while testifying in
trial that weighs heavily in determining an issue of a courtroom.
consequence to the outcome.
Examination - interrogation of a witness at trial
Fraud - taking money or property from another by means of
trickery, deception or misrepresentation.
Guilty - to be judged legally responsible for committing a
crime..
Information - legal document which accuses a person of
having committed a felony, files by a prosecutor on behalf of
the state. Often synonymous with complaint.
Judge - an elected or appointed public official charged with REFERENCES
presiding over hearings and trials, handling down judgments,
orders and sentences. Judgment - the final legal decision of a 2021 Commission on Higher Education Table of Specification
court, including sentencing of a defendant in a criminal case. (TOS) for Criminologists Licensure Examination.
Lawyer - a legal advisor and spokesperson trained in the law
and licensed to practice it see 2021 Professional Regulations Commission Table of
Modus operandi - mode or method of operating or doing Specifications (TOS) Criminologists Licensure Examination.
things: term used by investigators to describe pattern of
behavior exhibited by a perpetrator during the commission of
a crime. -o0o-
Prosecution – legal proceedings designed to accuse and try a
defendant with having committed a crime; also the party
accusing a defendant in a criminal action, usually the state.
Prosecutor - a public officer representing the state charging a
defendant with a crime.
Pyromania - a psychiatric disorder marked by the
uncontrollable urge to set fires.
Rebuttal - at trial, one party's effort to present opposing
evidence or arguments after adverse party's presentation.
Recidivistic - tending to relapse into previous behavioral
patterns, usually criminal in-nature.
Sentence - punishment for a crime, ordered by a judge.
Specialized Crime Investigation 2 with Simulation and Interview July 2022 Lamigo
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