1. TO IDENTIFY THE SUSPECT 2. TO LOCATE THE SUSPECT 3. TO PROVIDE EVIDENCE OF HIS GUILT

FIRST SEM MIDTERM - FIRST QUIZ Flashcards by Paul Bryan Matorre

Today crime is _____, it quickly adapts itself to change and spread out that will affect the daily life of society.

PROGRESSIVE AND PERVASIVE

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Is an examination, a study, an analysis and a research of facts and/or circumstances, situations, incidents and scenarios, either related or not for the purpose of rendering a conclusion of proof.

INVESTIGATION

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Based upon a complete and whole evaluation and not conjectures speculation or supposition.

INVESTIGATION

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Are conducted primarily for the prevention of crimes.

CRIMINAL INVESTIGATIONS

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Is a process of applying special equipment and special expertise it needs once expertise and a particular special instrument.

SPECIAL CRIME INVESTIGATION

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It is also dealing with the study of major crimes based on the application of special investigative technique.

SPECIAL CRIME INVESTIGATION

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Is an applied science that involves the study of facts that are then used to inform criminal trials.

CRIMINAL INVESTIGATION

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Can include searching, interviews, interrogations, evidence collection and preservation, and various methods of investigation.

COMPLETE CRIMINAL INVESTIGATION

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Refers to a person who is charged with the duty of carrying on the objectives of criminal investigation, e.g. to identify and locate the suspect and provide evidence of his guilt.

CRIMINAL INVESTIGATOR (PROVER)

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It is also responsible for investigation of crimes such as, murder, homicides, assaults, and other incidents to implicate perpetrators.

CRIMINAL INVESTIGATOR (PROVER)

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Sometimes referred to as crime scene specialists, forensic science technicians, and crime laboratory analysis - use critical thinking and analytical skills to collect physical evidence, such as hair, bodily fluids, and footprints, from crime scenes.

CRIME SCENE INVESTIGATORS (CSIs)

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They are responsible for processing and preserving evidence, as well as sharing written documentation and reports about their collections.

CRIME SCENE INVESTIGATORS (CSIs)

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Investigation conducted by law enforcement officers after a person as been arrested or deprived of his freedom of action. It includes invitation to a person who is being investigated in connection with an offense.

CUSTODIAL INVESTIGATION

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A principle on the rights of a suspect from forced self-incrimination during police interrogation as enshrined in the 1987 Philippines Constitution’s Bill of Rights (Article III, Sec. 12).

MIRANDA DOCTRINE

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Is a complex and multi-faceted one as a number of subspecialties exist within this profession.

CRIME SCENE INVESTIGATOR

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Is a professional who is trained to collect, preserve and process evidence at the scene of a crime.

CRIME SCENE INVESTIGATOR

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Unlike forensic scientists who conduct tests on physical evidence within a forensic laboratory, are the on-the-scene professionals who are called to the scene of the crime to ensure that all physical evidence is properly collected, preserved and documented according a strict code of standards.

CRIME SCENE INVESTIGATOR

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A venue or place where the alleged crime/incident/event have been committed.

CRIME SCENE

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Is the collection of facts to accomplish a three fold aim.

INVESTIGATION

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The three fold aim:

TO IDENTIFY THE SUSPECT
TO LOCATE THE SUSPECT
TO PROVIDE EVIDENCE OF HIS GUILT

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Investigation conducted by law enforcement officers after a person has been arrested or deprived of his freedom of action. It includes invitation to a person who is being investigated in connection with an offense.

CUSTODIAL INVESTIGATION

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Is a factor or circumstance sufficient to convince a person of normal intelligence that a suspect was probably involved in a specific crime.

PROBABLE CAUSE

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A definite target-specific activity conducted in relation to an intelligence project under which it is affected.

CASE OPERATIONAL PLAN

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Refers to a preparatory plan on how t carry out a case operation which is the last resort to pursue intelligence objectives when normal police operations fail.

CASE OPERATIONAL PLAN

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A special study of modern techniques in the investigation of serious and specific crimes including murder, homicide, rape, abortion, robbery, arson, kidnapping, carnapping and criminal negligence. The emphasis is on physical evidence rather than an extra judicial confession.

SPECIAL CRIME INVESTIGATION

Kinds of Physical Evidences:

1. CORPUS DELICTI 2. ASSOCIATIVE EVIDENCE 3. TRACING EVIDENCE

Also known as the body of the crime. Evidence or circumstances to prove that a crime has occurred or have been committed.

CORPUS DELICTI

These are pieces of evidence that can link a suspect to the crime scene.

ASSOCIATIVE EVIDENCE

These articles which assist the investigator in locating the perpetrator.

TRACING EVIDENCE

What law punishes the crime of Murder?

REVISED PENAL CODE ARTICLE 248

Is the unlawful killing of any person not constitutive of parricide or infanticide.

MURDER

Taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense to insure impunity.

TREACHERY (ALEVOSIA)

Affidavit of complainant and witnesses

TESTIMONIAL EVIDENCE

Photographs, video, police report and other documents

DOCUMENTARY EVIDENCE

Autopsy, weapons used and other Forensic Reports

OBJECT EVIDENCE

What law punishes the crime of Parricide?

REVISED PENAL CODE ARTICLE 246

The offender killed his father, mother, child (legitimate or illegitimate), legitimate other ascendant or descendant and legitimate spouse.

PARRICIDE

The parents or child killed need not be legitimate. But the spouse and other ascendant or descendant must be legitimate.

PARRICIDE

Treachery (alevosia) taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense to insure impunity.

MURDER

In consideration of a price, reward, or promise.

MURDER

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.

MURDER

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.

MURDER

What law punishes the crime of Infanticide?

REVISED PENAL CODE ARTICLE 255

This offense contemplates the killing of any child less than 3 day old (72 hours)

INFANTICIDE

The victim may not necessarily be the child of the offender.

INFANTICIDE

Is the willful killing of the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb which result in its death.

ABORTION

What law punishes the crime of Abortion?

REVISED PENAL CODE ARTICLE 256

Intentional abortion committed by using upon the person for the pregnant woman.

ABORTION

Intentional abortion committed without using violence but without consent of the woman.

ABORTION

Intentional abortion with the woman’s consent (with or without violence).

ABORTION

Unintentional abortion, meaning abortion through reckless imprudence but with use of violence.

ABORTION

Abortion practiced by the woman herself or by another person with her consent.

ABORTION

Abortion committed by the parents of the pregnant woman with her consent to conceal dishonor.

ABORTION

Abortion intentionally caused by a physician or midwife or brought about by their assistance.

ABORTION

The act of a pharmacist in dispensing abortives.

ABORTION

An injury that impairs the body function or structure caused by the outside force, or damage to any bodily tissue which results in the death of the person who has sustained the damage.

PHYSICAL INJURY

What law punishes the crime of Serious Physical Injuries?

REVISED PENAL CODE ARTICLE 263

The injured person become insane, imbecile, impotent or blind.

SERIOUS PHYSICAL INJURY

Injured party loses speech, hearing and smelling power or loses an eye, hand, foot, arm, leg or the use of such member, or become incapacitated for work.

SERIOUS PHYSICAL INJURY

Injured person a) become deformed; b) loses any other member of his body: or c) loses the uses thereof: or d) becomes incapacitated to work for more than 30 days but not more than 90 days.

SERIOUS PHYSICAL INJURY

Injured person is incapacitated for more than 30 days but not more than 90 days.

SERIOUS PHYSICAL INJURY

What law punishes the crime of Less Serious Physical Injuries?

REVISED PENAL CODE ARTICLE 265

The period of incapacity for labor is 10 days not more than 30 days or needs medical attendance for the same period.

LESS SERIOUS PHYSICAL INJURY

The wound requires medical attendance for 2 days but the injured party was prevented from attending to his ordinary to his regular employment for a period of 29 days, the injuries are less serious.

LESS SERIOUS PHYSICAL INJURY

What law punishes the crime of Slight Physical Injuries and Maltreatment?

REVISED PENAL CODE ARTICLE 266

It is the physical injury where in the victim is incapacitated for works or requires medical attendance for a period of nine (9) days.

SLIGHT PHYSICAL INJURY

What law punishes the crime of Rape?

REVISED PENAL CODE ARTICLE 266 AMENDED BY RA 8353

Is committed by a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, treat 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.

RAPE

Shall commit an act of sexual assault by inserting his penis into another person’s mouth, anal orifice, or instruments or object, into the genital or anal orifice or another person. (RA 8353)

RAPE

Amended the Penal Code, October 22, 1997, a male or female can now commit rape.

RA 8353

The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action of the penalty imposed.

EFFECT OF PARDON

What law punishes the crime of Robbery?

REVISED PENAL CODE ARTICLE 293-298

1. The person property belongs to another. 2. The unlawful taking of the property. 3. With intent to gain (animus lucrandi) 4. Violence against or intimidation of any person or force upon thins.

ROBBERY

The offense can be committed by a band or with the use of firearm 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.

ROBBERY

What law punishes the crime of Brigandage?

REVISED PENAL CODE ARTICLE 306-307

The offender is committed by at least four armed persons.

BRIGANDAGE

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 through force and violence.

BRIGANDAGE

What law punishes the crime Theft?

REVISED PENAL CODE ARTICLE 308

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. 4. Absence of or without violence or intimidation of persons or force upon things.

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

What are the laws governing Arson?

PD 1613 WHICH REPEALED ARTS. 3 TO 320-B OF THE RPC RA 7659 AS REGARDS THE IMPOSITION OF DEATH PENALTY

1. Any person burning a structure (edifice or building or dwelling). 2. The burning is intentional and with intent to damage the property.

ARSON

Is a classic heinous crime that requires skillful, scientific and systematic investigation procedures thus, the respective chiefs of the investigation and intelligence offices of the BFP are enjoined to closely supervise the conduct of the investigation in order to attain effective and plausible results.

ARSON

a) Actual burning took place. b) Actual burning is done with malicious intent. c) The actual burning is done by person(s) legally and criminally liable.

ARSON

A begins the commission of the felony directly by overt acts but does not fulfill all the acts of execution necessary to produce the felony by reason of the timely arrival of the policeman.

ATTEMPTED ARSON

A had already performed all the acts of execution necessary to produce the felony but the felony was not produced by the reason of the timely arrival of B, which is independent of the will of A.

FRUSTRATED ARSON

A had already performed all the acts pf execution necessary to produce the felony. The consummation of the crime does not depend upon the extent of damage caused. Any charring of the wood or any structure, whereby the fiber of the wood is destroyed, is already sufficient. It is not necessary that the wood or structure should be ablaze. Setting fire to the contents inside the building can constitute consummated crime of arson, whether if no part of the building was burned.

CONSUMMATED ARSON

What law punishes carnapping?

REPUBLIC ACT NO. 6539 (OLD LAW) REPUBLIC ACT NO. 10883 (NEW ANTI-CARNAPPING ACT OF 2016)

Is any vehicle propelled by any power other than muscular power using public highways, but excepting road rollers, trolley cars, street-sweepers, sprinkles, lawn mowers, bulldozers, grader, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engine of all kinds used exclusively for agricultural purposes.

MOTOR VEHICLE

Having any number of wheels, when propelled on intended to be propelled by attachment to a motor vehicle shall be classified as separate motor vehicle with no power rating. It is taking away of cattle by any means, method or scheme.

TRAILERS

1. It is taking of motor vehicle belonging to another without the latter’s consent. 2. The taking is by means of violence against or intimidation of persons, or by using force upon things. 3. The taking is with intent to gain. 4. The taking includes “Defacing or tampering with”, “repainting”, “body-building”, “remodeling”, “dismantling”, and “overhauling”.

CARNAPPING