CDI 2- SPECIAL CRIME INVESTIGATION

• Special Crime Investigation


  Deals with the study of major crimes based on the application of special investigative techniques
• Special Crime Investigation


  • Concentrates more on physical evidence, its collection, handling, identification and preservation in coordination with the crime laboratory
  • Involves a close relationship between the prober in the field and the crime laboratory technician
  • They work together as a team, reacting to and extending one another's theories and findings both working patiently and thoroughly to solve a crime from their investigative discoveries
• Court


  Relies more on physical evidence rather than extra-judicial confession
• Preliminary Investigation


  1. Action taken by the first responder who arrive the crime scene after detection or report of said crime

  2. Serves as foundation for the case
• In-Depth Investigation


  Reexamination of all leads secured during preliminary investigation
• Final Investigation


  Final phase of investigation
• Homicide Investigation


  Official inquiry made by the police on the facts and circumstances surrounding the death of a person which is expected to be unlawful
• Primary Job of the Investigator

  • Discover whether an offense has been committed under the law
  • Discover how it was committed
  • Who committed it and by whom it was committed
  • When it was committed
  • And under certain circumstances why it was committed
• Homicide Investigator


  • Stands on the dead man's shoes to produce his instincts against those suspects
  • The enthusiasm and intelligence the investigator brings in the case marks the difference between a murderer being convicted and set free
  • If he interprets a criminal death accidental or natural, a guilty person is set free
  • The police is the first line of defense in the effective application of criminal justice
• The mistakes of the homicide investigator cannot be corrected
• Three Bridges (MEC RULE)


  • The dead person has been moved
  • The cadaver is embalmed
  • The body is burned or cremated
• Basic Guide for the Investigator to look upon

  • Corpus delicti or facts that crime was committed
  • Method of operation of the suspect
  • Identity of the guilty party
• The Four Types of Death

  • Natural
  • Accidental
  • Noncriminal
  • Suicide
  • Homicide: Noncriminal or Criminal
• Natural Causes of Death

  Heart attacks, strokes, fatal diseases, pneumonia, sudden crib deaths and old age
• Accidental Deaths


  Falling; drowning; unintentionally taking too many pills or ingesting a poisonous substance; entanglement in industrial or farm machinery; or involvement in an automobile, boat, train, bus or plane crash
• Suicide


  The intentional taking of one's own life
• Homicide


  • Occurs when one human being causes the death of another human being
  • Another term for the killing of one person by another
• Terms Connected with Homicide

  • Sororicide - sister
  • Fratricide - brother
  • Matricide - mother
  • Patricide - father
  • Parricide - relatives such as parents, spouse, child. A generic term
  • Infanticide - less than 3 days old
  • Suicide - taking ones own life voluntarily or intentionally
  • Uxoricide - wife
  • Regicide - king
  • Vaticide - prophet
  • Aborticide - fetus
  • Euthanasia - mercy killing
• Crime


  • An act committed or omitted in violation of a public law forbidding or commanding it
  • An act that violates the law of nation
• Types of Crimes


  • Felony
  • Offense
  • Misdemeanor/Infraction
• Titles of Felonies in the Revised Penal Code (RPC) Book 2


  • Title One. Crimes against National Security and the Law of Nations
  • Title Two. Crimes against the Fundamental Laws of the State
  • Title Three. Crimes against Public Order
  • Title Four. Crimes against Public Interest
  • Title Five. Crimes relative to Opium and other Prohibited Drugs
  • Title Six. Crimes against Public Morals
  • Title Seven. Crimes Committed by Public Officers
  • Title Eight. Crimes against Persons
  • Title Nine. Crimes against Personal Liberty and Security
  • Title Ten. Crimes against Property
  • Title Eleven. Crimes against Chastity
  • Title Twelve. Crimes against the Civil Status of Persons
  • Title Thirteen. Crimes against Honor
  • Title Fourteen. Quasi-Offences
  • Title Fifteen. Final Provisions
• Parricide


  Committed when a person is killed and the deceased is the father, mother, or child, whether legitimate or illegitimate; a legitimate other than ascendant or descendant; or legitimate spouse of the accused
• Parricide


  • The relationship of the offender with the victim is the essential element of the felony
  • Parents and children are not included in the term "ascendants" or "descendants"
  • The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate
  • If the offender and the offended party, although related by blood and in the direct line, are separated by an intervening illegitimate relationship, parricide can no longer be committed
  • The illegitimate relationship between the child and the parent renders all relatives after the child in the direct line to be illegitimate too
  • The only illegitimate relationship that can bring about parricide is that between parents and illegitimate children as the offender and the offended parties
• If Diggie would kill Alucard, the crime committed by Diggie is Parricide
• If a mother asked her brother to kill her child and he did, and the child is less than three days old, the mother and her brother are guilty of Infanticide
• If a mother asked her brother to kill her child and he did, and the child is three days old, the mother is liable for Parricide
• Layla with evident premeditation and treachery killed his father Ronald, the crime committed by her is Parricide
• Parricide


  • Relationship must be alleged
  • In killing a spouse, there must be a valid subsisting marriage at the time of the killing. Also, the information should allege the fact of such valid marriage between the accused and the victim
  • If the information did not allege that the accused was legally married to the victim, he could not be convicted of parricide even if the marriage was established during the trial. In such cases, relationship shall be appreciated as generic aggravating circumstance
  • Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed. There is no parricide if the other wives are killed although their marriage is recognized as valid
• A stranger who cooperates in committing parricide is liable for murder or homicide
• Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship
• Article 247. Death or Physical Injuries Inflicted under Exceptional Circumstances


  • A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person
  • He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter
• Article 247


  • Does not define or penalize a felony
  • Merely grants a privilege or benefit, more of an exempting circumstance as the penalty is intended more for the protection of the accused than a punishment
  • Death under exceptional character can not be qualified by either aggravating or mitigating circumstances
  • If the accused fails to establish the circumstances called for in Article 247, he/she will be guilty of Parricide and Murder or Homicide if the victims were killed
• Article 247


  • Not necessary that the parent be legitimate
  • Article applies only when the daughter is single
  • Applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed
  • Sexual intercourse does not include preparatory acts
  • Immediately thereafter means that the discovery, escape, pursuit and the killing must all form parts of one continuous act
  • No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable
• If A grabbed C and hacked the latter to death after seeing B having sexual intercourse with C, A is exempted from criminal liability under Article 247
• Article 247


  • If death results or the physical injuries are serious, there is criminal liability although the penalty is only destierro
  • If the crime committed is less serious physical injuries or slight physical injuries, there is no criminal liability
• Murder


  The killing of another attended by a qualifying circumstance
• A person who acts under Article 247


  Is not committing a crime
• Since this is merely an exempting circumstance, the accused must first be charged with:
• If death results or the physical injuries are serious, there is criminal liability although the penalty is only destierro
• The banishment is intended more for the protection of the offender rather than a penalty