Documente Academic
Documente Profesional
Documente Cultură
INVESTIGATION
TECHNIQUES AND
PROCEDURES
1.
2.
3.
4.
5.
6.
PRESENTATION OUTLINE
1. Police Report
2. Investigation Team
3. Case Overview
4. Investigation Planning
i. Case Identification - Possible Offences
ii. Possible Suspects
iii. Possible Witnesses
iv. Proposed evidences to collect
v. Investigation Techniques - How to collect the data /
evidences
vi. Evaluate Evidences
vii.Findings & Reporting
1. POLICE REPORT
08.01.2005
En. Abdul Ghani Bin Abdul Moin (Customer)
lodged report at Masjid Tanah Police Station on
unauthorised FD liquidation amounting to
RM231,519.57.
28.01.2005
2. APPOINTMENT OF
INVESTIGATION TEAM
INSP.
KHAIRUL
AZRIN BIN
MOD RIFAT
INSP.
MOHAMAD
ZAMRI BIN
YAHAYA
INSP. MOHD
FADZLEE BIN
MALIK
INSP. WAN
AHMAD
FAROUQ BIN
WAN ASRI
INSP. MOHD
SHAFIK BIN
IBRAHIM
Open an
Investigation
Paper (IP)
5
3. CASE OVERVIEW
8.01.2005
Mr Abdul Ghani bin Abdul Moin (customer of BCB Bank)
went to BCB Bank to liquidate his fixed deposit but
unfortunately his accounts are withdrawn without his
consent and he lodged a police report.
8.01.2005 - 11.01.2005
Due to that, by Mr Shafarudin bin Kamarudin, as the the
acting Branch Manager of BCB Masjid Tanah conduct an
Internal checking.
3. CASE OVERVIEW
11.01.2005
-Mr Shafarudin reported to Regional Manager, Mr. Ghazali
bin Abdul Hamid through e-mail.
-Mr Ghazali instructed an investigation by the internal
audit department to be led by Mr Burhanuddin bin Hassan.
27.01.2005
Mr Ghazali received the investigation report from Mr
Burhanuddin.
28.01.2005
Mr Ghazali lodged a police report.
4. INVESTIGATION PLANNING
Case
Identificatio
n - Possible
Offences
Possible
Suspects
Possible
Witnesses
Evaluate
Evidences
Investigation
Techniques How to
collect the
data /
evidences
Proposed
evidences to
collect
Findings &
Reporting
ACTUS REUS
Entrustment or
dominion over property
solely or jointly
Criminal breach
of trust by
clerk or
servant
2. Section 409
of Penal Code
Criminal breach
of trust by
agent
MENS REA
Dishonest intention
Dishonest intention
Disposal of property
or Conversion for own use
Voluntarily
Entrustment or
dominion over property
solely or jointly
Disposal of property
or Conversion for own use
Voluntarily
ACTUS REUS
MENS REA
POSSIBLE
OFFENCES
Section 408 of Penal
Code (Criminal breach
of trust by clerk or
servant)
2. Paridah
Binti Section 409 of Penal
Code (Criminal breach
Khamis
-Bank Officer, of trust by agent)
Masjid
Tanah
Branch of BCB
Berhad
3.
Zainal Abidin
Bin Othman
-Bank
Manager,
Masjid
Tanah
Branch of BCB
ACTUS REUS
MENS REA
Entrustment or
dominion over
property
solely or jointly
Disposal of property
or Conversion for own
use
Voluntarily
Entrustment or
dominion over
property
solely or jointly
Disposal of property
or Conversion for own
use
Voluntarily
1. Dishonest
intention
1. Dishonest
intention
11
PROPOSED OFFENCE
OMONEY LAUNDERING (s 4 of
amlatfa)
OElement :
OActus reus
OMens reas
12
POSSIBLE WITNESSES
Mr. Ghazali bin
Abdul Hamid
Regional Manager of
BCB Bhd
Mr Shafarudin bin
Kamarudin
Manager, Internal
Audit Department
and internal audit
team member
Manager, IT Unit of
BCB Bhd
Melaka State
Treasury Investment
Officer
Relevant FD Account
Holders
Manager, Human
Resource of BCBB
13
PROPOSED OFFENCE
OMONEY LAUNDERING (s 4 of
amlatfa)
OElement :
OActus reus
OMens reas
14
PROPOSED TYPE
EVIDENCE
Testimonial
Evidence
=> Interviews
Physical
Evidence
=> Forged documents
Documentary
Evidence
=> Appointment letter
Personal
Observation
Evidence Square
15
SOURCES
Dang Wangi
police station
Certificate of
Legal Practice
(CLP) office,
Level 27, Menara
Tun Razak, Jalan
Raja Laut, Kuala
Lumpur
16
4. New tabulation of
students result July
2001
5. Scheme of marks and
grades
6. Answer scripts for CLP
examination July 2001
SOURCES
Certificate of Legal
Practice (CLP) office, Level
27, Menara Tun Razak,
Jalan Raja Laut, Kuala
Lumpur
7. Qualifying Board
minutes of meeting
17
PROPOSED
INVESTIGATIVE FRAMEWORK
Strategy
1 : Mandate
and
Predication
Receive mandate
Order to investigate
Predication of offence (possible
legal violation)
Relate to relevant statute
Open an Investigation Paper (IP)
Strategy 2
:
Understandin
g Case
Background
Understanding case
background (case
scenario, problems and
issues)
18
PROPOSED
INVESTIGATIVE FRAMEWORK
Identify resources to conduct
investigation
the methods of investigation
Strategy 3 Identify
Detailed plan of the process
: Investigation
(what, when, who and how) which
Planning
relate to the investigation
Obtain warrant and consider possible
expert witness
Strategy 4 : Analyse probable
documents and identify
Analyse
suspects and witnesses
Available
(eg. Internal
Information /
investigation report,
Documents
police report)
19
PROPOSED
INVESTIGATIVE FRAMEWORK
Strategy
5 : Evidence
Collection
Strategy 6 :
Conduct
Interview &
record statement
Interview suspects
and witnesses
Analyse evidence,
interviews and data
on the
Strategy 7 :
authenticity,
Analyse Evidence
reliability,
/ Interviews
admissibility and
weightage of 20
evidences
PROPOSED
INVESTIGATIVE FRAMEWORK
Strategy 8 :
Evidence
Preservation
Strategy 9 :
Investigation
Report
Prepare report to
legislator (Deputy Public
Prosecutor) on findings
Strategy
10 :
Possible further
action may arise
when investigator
Prepare Further
are needed to
Possible Action
testify on findings
in the court
21
PROPOSED
REPORT OUTLINE
1. Executive summary
2. Introduction
3. Legal implications
22
PROPOSED
REPORT OUTLINE
5. Investigation stage
7. Interview statements
. Lists all interviews carried out
. Summaries information on interviews (state the brief background of
interviewee, interviewer, timing, location, legal issues (if any)
23
PROPOSED
REPORT OUTLINE
8. Evaluation of evidence
9. Findings of facts
10.Result of investigation
11.Recommendation and conclusion
12.References
13.Appendices
24