CDI 3- SPECIALIZED CRIME INVESTIGATION 2 WITH SIMULATION OF INTERROGATION AND INTERVIEW

Crimes Against Property

these are crimes directed at a person's belongings, intellectual properties, and money. It includes many common crimes relating to the theft or destruction of someone else's property. It is an action whether by theft or destruction and without permission from the rightful owner, to intentionally and permanently deprive, or risk depriving an individual or commercial entity of their physical or virtual property.

Crimes Against Property Classification

1. Robbery

2. Highway Robbery/Brigandage

3. Theft

4. Malicious Mischief

Art 293. Robbery

Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery.

False Key

Genuine key stolen from the owner

Kinds of Robbers (C.O.P.S.)

1. Career Robbers

2. Substance-Habituated Robbers

3. Opportunistic/Amateur Robber

4. Professional Robbers

Career Robbers

he choose robbery as his work

Substance-Habituated Robbers

commit robbery to sustain their vices/habit

Opportunistic/Amateur Robber

a kind of robber who are not necessarily lifetime offender. Hey prey upon victims only when there is an opportunity, often not planned, target low risk victims, typically use no firearms, and work alone.

Professional Robbers

the robbery is well planned, target high risk commercial establishment, always with firearms, and working in group.

Kinds of Robberies

1. Street Robberies

2. Residential Robberies (Home Invasion)

3. Commercial Robberies

4. Vehicle Robberies

Street Robberies

Robberies that occur outside in public places, often on the streets or sidewalks

Residential Robberies (Home Invasion)

robbery in residences, often homicide or murder, assault, or rape may occur

Commercial Robberies

Robberies perpetrated against any type of profit-oriented operation (e.g., banks, jewelry stores, or grocery stores)

Vehicle Robberies

usually committed to commercial vehicles (e.g. bus, taxi, armored car etc.)

Types of Vehicle Robbery

1. Delivery Van Robbery

2. Truck Hijacking

3. Bump-and-grab Vehicle

4. Carjacking/Carnapping

5. Smash-and-grab

Highway Robbery/Brigandage

The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of

persons or force upon things of other unlawful means committed by any person or any Philippine highway.

How many people are in brigandage?

more than 3 armed malefactors

Theft

a crime committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.

Four Modes of Theft

1. Asportation

2. Lost Property

3. Damage to Property

4. Hunting or Gathering

Asportation

is the carrying away of someone else's property that is an element of larceny. The taking away is accomplished without violence or intimidation against a person or forced upon things.

Lost Property

the perpetrator finds a lost item/property and failed or did not intend to deliver the lost property to its rightful owner.

Damage to Property

the offender maliciously damages the property of others, and removes or makes use of the fruits of the object of the damage caused by him.

Hunting or Gathering

the violator enters an enclosed estate of field without any consent of the owner, and where trespass is forbidden. He hunts or fishes, or gather crops without the consent of the owner.

Larceny

is the taking of property of another person for the purpose of depriving that person ownership.

Kinds of Thefts

1. Bag Snatching

2. Shoplifting

Bag snatching

a kind of theft that involves snatching woman's hand bags. Also known as chain or purse snatching.

Shoplifting

a kind of theft that involves stealing goods that are on display

Main Group of Shoplifters

1. Opportunistic Thieves/Petty shoplifters

2. More determined thieves

3. Groups of Organized thieves/Professional or organized retail theft

Opportunistic Thieves/Petty shoplifters

shoplifters who are not readily distinguishable form ordinary customers, steal items for personal use.

More determined thieves

usually operates alone and steal small quantities of goods to sell often, to support drug vice.

Groups of Organized thieves/ Professional or Organized retail theft

steals large quantities of goods for resale

Pilferage (Employee Theft)

persons liable are employees of the company or industry

Malicious Mischief

any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

PD 1613

AMENDING THE LAW ON ARSON

Arson

Any person who burns or sets fire to the property of another or when a person sets fire to his own property under circumstances which expose to danger the life or property of another.

Special Aggravating Circumstances in Arson

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;

4. If committed by a syndicate.

Arson committed by Syndicate

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons.

Conspiracy to commit Arson

Conspiracy to commit arson shall be punished by Prision Mayor in its minimum period.

Confiscation of Object of Arson

The building which is the object of arson including the land on which it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.

Elements of Brigandage

-The offense is committed by at least 4 armed malefactors

-The perpetrator formed a band for the purpose of committing any or all of the following:

a. Robbery in the highway

b. Kidnap persons for ransom

c. Attain any other purpose by means of force and violence

d. There is a preconceived or intended victim

What government agency has the power to investigate all causes of fires?

The BFP has the power to investigate all causes of fire and if necessary, file the proper complaint with the city or provincial prosecutor who has jurisdiction over the case.

Basic Methods of Fire Investigation

A. Preservation of Evidence

B. Examination of the Fire Scene

C. Fire Scene Recording

D. Fire Scene Sketch

E. Physical Evidence Examination and Testing

F. Sources of Information

Reporting Arson Investigation

Preliminary Report & Final Report

Cybercrime Investigation

It is the process of investigating, analyzing, and recovering forensic data or digital evidence of a crime, just like other criminal investigators. It is a continuous process of searching for evidence and leads.

Examples of evidence in a cybercrime investigation includes;

a. computer

b. cellphone

c. navigation system

d. video game console

e. or other networked device found at the crime scene

RA 10175

Cybercrime Prevention Act of 2012

The Golden Rule on Interview

"Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene."

Interview

It is the questioning of a person believed to possess information which are relevant to the investigation of a criminal activities.

Qualities of a Good Interviewer

1. Rapport

2. Forcefulness of Personality

3. Knowledge of Human Behavior

4. Conversational Tone of Voice

5. Common Interests

6. Acting Qualities

7. Humility

Rapport

It is the relationship between the interviewer and the interviewee, which is conducive to a fruitful result. It is the winning the confidence of a person being interviewed.

Forcefulness of Personality

Refers to individuals who are assertive, confident, and have a strong sense of purpose. A forceful character is not afraid to speak their mind or take action to achieve their goals, even if it means going against the grain or challenging authority.

Knowledge of Human Behavior

This will help the interviewer to determine the personality and intelligence of his subject; he must go down and up to the level of understanding of his particular subject.

Conversational Tone of Voice

His tone of voice must be conversational, not confrontational as in interrogation.

Common Interests

His preliminary and probing questions should aim to establish common interest between him and the subject.

Acting Qualities

He must possess the qualities of an actor, salesman, and psychologist and know how to use the power of persuasion.

Humility

he must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview.

The Stages of Interview (P.A.W.C.)

1. Preparation

2. Approach

3. Warming up

4. Cognitive Interview

Preparation

Before the interview, the investigator should exhaustively review the facts at the crime scene and all relevant information from the other sources so he would be well-ready for the interview.

Approach

The investigator must carefully select his kind of approach which may be a single kind, a combination of two, or the application of all technique.

Warming up

This is done by preliminary or exploratory questions to clear the atmosphere, promote a conducive ground for cordiality, respect, and trust for each other.

Cognitive Interview

In this stage, the subject is ask to narrate his account without interruption, intervention, or interference.

Rules on Questioning

a. One Question at a Time

b. Avoid Implied Answers

c. Simplicity of Questions

d. Saving Faces

e. Avoid Questions that is answerable by Yes or No

Types of Witnesses

1. Know-Nothing Type

2. Disinterested Type

3. Drunken Type

4. Talkative Type

5. Honest Witnesses

6. Deceitful Witnesses

7. Timid Witnesses

8. Boasting, Egoistic Witnesses

9. Refusal to Talk Witnesses

Know-Nothing Type

These are the reluctant type of witnesses. They are found among uneducated and of low level of intelligence.

Disinterested Type

this refer to an uncooperative and indifferent subject. To

deal with them is to find out their field of interest so that they will talk.

Drunken Type

The style of questioning by the investigator should be adapted to the psychology of the subject. When the drunken subject has sobered, another interview will be conducted, confronting him about his disclosures while in the state of drunkenness. The written statement must be taken during his sobriety.

Talkative Type

These are witnesses who are prone to exaggerate, adding irrelevant or new matters to their narration.

Honest Witnesses

These are the truthful and cooperative witnesses where the investigator could rely upon, with little or no problem in handling them.

Deceitful Witnesses

These are the liar type of witnesses. Let them lie and order them to repeat their narration. They will be enmeshed in contradictions.

Timid Witnesses

They are the shy witnesses. The approach must be friendly and reassuring confidentiality of their information. They should be hidden from the devouring press by interviews or photo sessions.

Boasting, Egoistic, or Egocentric hWitnesses

They will be good witnesses because of their ability of expressing their accounts about the commission of crime. The investigator must be patient in dealing with them so as not to hit or override their ego or self-pride.

Refusal To Talk Witnesses

These are the most difficult subjects to deal with. The causes maybe trauma, shock, fear, hatred, and others.

Common Reasons Why Witnesses Refuse To Talk and Testify

1. Fear of Reprisal/Revenge

2. Great Inconvenience

3. Hatred Against the Police

4. Biases of the Witness

5. Publicity Avoidance

6. Family Restriction

7. Bigotry

8. Cultish Indoctrination

Fear of Reprisal

The fear of reprisal is always entertained by the witnesses who lack the courage to face the suspect, his associates or relatives.

Great Inconvenience

On the part of those of hands-to-mouth existence

there is this real inconvenience, which will deprive them the time to earn for their

living especially during the ordeal of testifying during the trial.

Hatred against the Police

This hatred maybe due to previous bad experience with rogue members of the police organization.

Biases of the Witness

The witness maybe an acquaintance, friend, helper or benefactor of the suspect. All of these and other relationship of the witness to the suspect must be explored so that an intelligent approach is properly.

Publicity Avoidance

There are witnesses who are shy and they shun publicity that will bring discomfort to their ordinary or obscure way of living. The investigator must hide this witness away from reporters and other "marites" like individuals.

Family Restriction

Some famous and respected families preserve their reputations by instilling to their members the need of the approval of their elders on matters affecting their families.

Bigotry

intolerance toward those who hold different opinions from oneself.

Cultish Indoctrination

Some cults or religious denominations exercise religious or moral influence on decision of witnesses to testify. It would be more apparent when the witness and the suspect belong to the same cult.

Interrogation

The vigorous or aggressive questioning of person suspected having committed an offense or a person who is reluctant or unwilling to make a full disclosure of information in his possessions, which is pertinent to the investigation of a criminal case.

Confession

It is the direct acknowledgement of guilt arising from the commission of the crime.

Admission

It is an acknowledgement of facts or circumstances or indirect acknowledgement of guilt

Kinds of Confessions

1. Extra-Judicial Confession

2. Judicial Confession

Extra-Judicial Confession

It is a confession that is made by the suspect during custodial investigation or those confessions that are made outside of the court.

Judicial Confession

It is made by the accused in an open court. The plea of guilt maybe during arraignment or any stage of the proceedings where the accused changes his plea on not guilty to guilty.

Dying declaration

also known as an antemortem statement or a statement in articulo mortis, is admissible under the following requisites:

(1) death is imminent and the declarant is conscious of that fact;

(2) the declaration refers to the cause and the surrounding circumstances of such death;

(3) the declaration relates to a fact which the victim is competent to testify to; and

(4) the declaration is offered in a case wherein the declarant's death is the subject of the inquiry

RA 10883

The New Anti Carnapping Act of 2016

Carnapping

Is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things.

Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and Chassis

It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.

Transfer of Vehicle Plate

It shall be unlawful for any person, office or entity to transfer or use a vehicle plate from one vehicle to another without securing the proper authority from the LTO.

Sale of Second Hand Spare Parts

It shall be unlawful for any person, office or entity to buy and/or sell any second hand spare parts taken from a carnapped vehicle.

Foreign Nationals

Foreign nationals convicted under the provisions of this Act shall be deported immediately after service of sentence without further proceedings by the Bureau of Immigration.

PD 1612

Anti Fencing Law

Fencing

is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

Fence

includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.

RA 9208

Anti-Trafficking in Persons Act of 2003

Stages of Money laundering (P.L.I)

1. Placement

2. Layering

3. Integration

Placement

is to divide large amounts of cash into less suspicious smaller sums, which can then be deposited into a single bank account or several bank accounts (which could involve the 'smurfing' technique).