Week 8– Criminal Investigation with Basic SOCO Procedure

Week 11
PROTOCOLS IN INVESTIGATION

Protocol 8: Taking of Sworn Statement/s of the

Witnesses
 Week 8– Criminal Investigation with Basic SOCO Procedure

PROTOCOLS IN INVESTIGATION

Protocol 8: Taking of Sworn Statement/s of the

Witnesses
1. Sworn Statement or Affidavit of complainant/s and
witness/es must be taken immediately by the investigator-
on-case.
 Week 8– Criminal Investigation with Basic SOCO Procedure

PROTOCOLS IN INVESTIGATION

2. Affidavit of Arrest of arresting officers must

be taken immediately not later than 24
hours.
3. In Inquest cases, the investigator-on-case
and the arresting officer/s shall observe Article
125 of the Revised Penal Code.
 Week 8– Criminal Investigation with Basic SOCO Procedure

PROTOCOLS IN INVESTIGATION
Within the prescribed period (Art:125), the investigator should have
taken the following statement:

1.Affidavit or Statement of the witnesses;

2.Affidavit of Arrest of the arresting Officers

Lesson 7.1 – Introduction to Criminal Investigation

PROTOCOLS IN INVESTIGATION

What is affidavit?
 Lesson 7.1 – Introduction to Criminal Investigation

PROTOCOLS IN INVESTIGATION

AFFIDAVIT
is a sworn written statement of facts, made under oath,
and under penalty of perjury, that the statements are true to
the best of his or her knowledge. The person making the
oath signs the affidavit form in front of a witness, most
commonly a notary public, who verifies the identity of the
person signing (the “signatory”). An affidavit is a voluntary
action and is admissible as evidence in court hearings
 Lesson 7.1 – Introduction to Criminal Investigation

PROTOCOLS IN INVESTIGATION

What is Included in an Affidavit?

 Lesson 7.1 – Introduction to Criminal Investigation

PROTOCOLS IN INVESTIGATION

What is Included in an Affidavit?

An affidavit includes basic information such as:

1. The full legal name person swearing the affidavit

2. The full address of the person swearing the affidavit
3. The facts or reasons for the affidavit
4. Signatures and dates for both the affiant and the notary public
5. Other information as requested by a third party or court
 PROTOCOLS IN INVESTIGATION
Tips for Writing an Effective Affidavit
When preparing an affidavit, users should follow some simple tips to
ensure the document looks and sounds official.

1. Use plain language and short sentences. Do not use complicated

language or legal terms.
2. Keep it brief. Get right to the point and leave out any information
not related to the matter at hand.
3. Keep it clear and organized. Using headings or bullet points to
present the information in a clear and concise manner makes it
easier to read and understand.
 PROTOCOLS IN INVESTIGATION
Tips for Writing an Effective Affidavit

4. No drama. Keep the statements drama free by avoiding

melodramatic statements and inflammatory language. Dramatic
statements, inflammatory language, and disparaging the other
parties are unnecessary and can hinder the credibility of the signer.
5. Spell check. Before finalizing the document, ensure it is free of all
spelling and grammatical errors. Presenting an affidavit full of errors
negatively affects credibility.
 PROTOCOLS IN INVESTIGATION
Tips for Writing an Effective Affidavit

6. Proofread the document. Read the document aloud to catch

errors at least twice before taking it for signing. This helps ensure all
of the information is in place and correct. If corrections are required
after signing, it will be necessary to draw up a new document, as
changes cannot be made to a signed document.
 PROTOCOLS IN INVESTIGATION

Sworn Affidavit
An affidavit is not considered legal or official until it
has been notarized or witnessed by a legal official.
Once both parties sign the affidavit, it becomes a
sworn document. Providing false information on a
sworn affidavit can render it invalid, and subject the
signer to legal penalties
 Parts of an affidavit

1. a title or caption
2. The personal Background
of the affiant
3. body of the instrument
4. signature of the affiant
5. the jurat
 PROTOCOLS IN INVESTIGATION

Legal Implications of an Affidavit

When drawing up or swearing to statements within the affidavit, the
person making the statements should realize that it is a serious matter.
By signing, a person is making the same type of oath they would in a
court of law. Providing false information or lying on an affidavit is a crime
punishable by law. Some states consider this perjury and the penalty may
include a fine, community service, and even jail time.
If a person has been charged with falsifying an affidavit, or of committing
perjury, he should seek the help of a criminal defense attorney. The
punishments for falsifying information range greatly depending on the
state and the severity of the crime. Falsifying an affidavit for tax purposes
may result in federal criminal charges.
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