FUNDAMENTALS OF

CRIMINAL
INVESTIGATION AND
INTELLIGENCE
CLAUDINE BIANCA P. BUMAGAT, RCRIM
College of Criminology Instructress
 BASIC PRINCIPLES IN
CRIME, CRIMINAL LAW
AND EVIDENCE
CHAPTER 1
Social and Legal Context of Crime

Lesson Objective:
 Define what is crime;
 Discuss the acts considered as crimes;
 Differentiate the social and legal contexts of crime; and
 Discuss the significance of the law.
 Social Context………………….

Crime refers to any act considered a wrong or that violates the standard norm of the society.
The term act means that there must be an overt bodily movement.
Overt meaning it can be seen or observed.

Here , an act is a crime when……

1. The act committed is wrong such that the act

performed injuries or otherwise deprive the 2. The act violates the standard norm meaning the
individual of either their lives (killing a person) or society itself considered the act as a crime.
property (stealing something)
 Example:

There are cases in which a country or culture

Where the its culture dictates
is the dictating factor:
Where whether
the countryor notdictating
is the an actfactor:
is a crime, then it suggests that the
territorial rule or governance prevails The practiceprimarily,
of other tribes inand asa person
killing such,as
an act of revenge is not a crime.
The actthe definition
of selling of he
Marijuana is a term crime may vary in every place.
crime in
the Philippines but not in Netherlands Blood feuds between two rival families or tribes..
Blood feuds s the act of killing between two
and Spain. clashing clans or tribes that may result to injury
or killing as a form of retaliation.
Legal Context………………..

On the other hand, crime in the framework is primarily based on the laws of the land. Law is
defined as the system of rule embodied by different principles that bind the practice or action
concerning human conduct.

In the Philippines, laws are made by those who are in authority as set and provided by the 1987
Philippine Constitution which is deemed as the highest and supreme law of the land. As a rule,
no law should be passed in contrary to the constitution.
 Meanwhile, under Philippine Jurisprudence, crime in legal perspective is defined as an act or omission in
violation of the law. In the eyes of the law, crime can be committed either:

Through an act performed by the offender that is contrary or Through omission by which the offender fails to perform a
violates the law certain action as required by law.

a. Theft (Art 308 RPC) a. Delaying Release (Art 126 RPC)

b. Robbery (Art 293 RPC)
c. Homicide (Art 249 RPC)
d. Murder (Art 248 RPC)
e. Illegal Possession of Firearms (PD 1866 as amended by RA
8249)
f. Human Trafficking (RA 9208 as amended by RA 10364)
b. Other cases of Evasion of Service of Sentence (Art 159
RPC)
c. Failure to make delivery of public funds or property (Art
221 RPC)
d. Refusal of Assistance (Art 233 RPC)
 As crime refer legally and generally to an act or omission that violates the law, some terms must also be
noted as they might be confusing and interchange with the word crime, such as:

FELONY – these are crimes that violate the Revised Penal Code
OFFENSE – these are acts which were define as crime s a result of the Specia l Law enacted by legislatures
MISDEMEANOR – these are minor violations or infractions not tantamount to serious injuries or damages.
Revised Penal Code and Special Penal Code

Revised Penal Code • Murder

• Homicide
Those acts as crime, in which by nature
are wrong or evil (mala in se) as well as • Theft
provide their nature, penalty, and
elements. • robbery
 Special Penal Code
These are crimes other than those
Those acts as crime (mala prohibita) as
enumerated under the Revised Penal
a result of enactment of the laws as Code.
crafted by congress in the form of
Republic Acts
Offender refers to any person
Investigation refers toAllegation
the refers to the
accused or otherwise charged
systematic examination
contention
to that someone had
of a crime either through an
crack and solve allegation
committed a crime.
act or omission
Criminal Responsibility and Investigative Police
Power
 Discuss the concept of criminal responsibility
 Explain the factors that affect the criminal responsibility of a person
 Discuss what police power is
 Explain the importance of investigative police power; and
 Differentiate substantive and procedural laws in criminal investigation
Criminal Responsibility is the obligation of a person for the charges as a result of his criminal
act.

Criminal responsibility a]is also affected by some other factors such as age or the soundness of the
mind of the presumed criminal.
(Minors and Lunatics)

Minor/Child/Children
Lunatics
Refers to someone who is not yet in their
Refers to those individuals whose minds are in
puberty stage.
the state of sickness or ill.
 Investigative Police Power
Police Power is necessary as it is one of the regulatory
means of the government to control, maintain and ensure
that the conduct of its people is within the bounds of the
law.
Conviction is the judgment
rendered by the trial court that
the accused person in guilty of
the crime charged against him.
Presumption of Innocence is based on the principle that
every person subjected to criminal case is deemed
considered innocent unless proven to be guilty beyond
reasonable doubt.
Moral Certainty in a sense that a
Investigative person
Police Power is defined
is proven as theoncapacity of
guilty based
the police to initiate
how investigation of cases the
the court appreciated which violates
evidence the law. during trial
[resented
which produces a conviction
Beyond Reasonable Doubt is a principle which
states that a person is guilty based on moral
certainty.
 Substantive and Procedural Investigation

Substantive Criminal Investigation refers to the knowledge, nature and implication of the different crimes that
investigator should know and possess.

Procedural Criminal Investigation refers to the knowledge regarding the rules on how pieces of physical evidence
should be processed in order to maintain the integrity during the presentation and be given credit by the court.

Physical Evidence – refers to any material or substance which is found

in the crime scene and has a logical connection to the offense charged and
which aid the instigator in solving the case.
 Admissibility of Evidence

Evidence is any crime incident dictates the outcome of the case as a result of criminal
investigation as these are the primary source that will serve as the bases in prosecuting
the person who will be held for trial.

- It also plays a vital role in the determination of guilt of the accused who is referred to
as the person brought before the court of law for trial.
 In the Philippines, the Revised Rules of Court provides for the requirement as to how
individual evidence will be admitted such that:

Relevant

If it has a logical connection to the fact in

issue brought before the court (gun is
relevant evidence in shooting incident)
Competent

When it does not violate any procedural

requirement during th gathering or
collection of such evidence (shabu seized
with warrant is a competent evidence)
 Three General Classifications of Evidence

1. Object Evidence – an evidence which by its nature can be brought before the court as these are the
actual materials that are recovered from the crime scene these are also evidence which directly
addresses the senses of the court.

2. Testimonial Evidence – an evidence offered in the form of testimony either by an eyewitness in the
commission of the crime or those who have knowledge regarding its commission.

3. Documentary Evidence – these are evidences in document form which includes come electronic
evidence such as text messages, chat messages, electronic mail and some other evidence which are
printable.
Other Classes of Evidence

1. Direct Evidence VS Circumstantial Evidence

Direct Evidence
Directly proves the case under
investigation
Circumstantial Evidence
Combinations of different events
which if combine may produce a
conviction. Otherwise known as
Indirect Evidence
2. Corroborative Evidence VS Cumulative Evidence

Corroborative Evidence Cumulative Evidence

additional evidence of the same kind

additional evidence of a different kind or
bearing on the same point. E.g.:
character but tending to prove the same
testimonies of several eyewitnesses to
point.
the same incident.
3. Positive Evidence VS Negative Evidence

Negative Evidence
Positive Evidence
An evidence offered by a
An evidence offered by a
witness which he is not
witness in which he clearly
certain as to whether an event
manifest that an event or
or scenario exist or did not
scenario exist or did not exist
exist
4. Prima Facie Evidence VS Rebuttal Evidence

Prima Facie Evidence

Rebuttal Evidence
An evidence offered which
An evidence offered to
may produce a conviction if
contradict an evidence
no rebuttal evidence can be
previously offered.
shown
END OF CHAPTER
1