MODULE

FUNDAMENTALS OF
CRIMINAL INVESTIGATION
AND INTELLIGENCE
CDI 1

SYRA B. ENRIQUEZ
Department of Criminal Justice Education
1 | P a g e Crime Detection and Investigation 1
Fundamentals of Criminal Investigation and Intelligence
Bataan Heroes College

CHAPTER I
BASIC CONCEPT OF CRIMINAL INVESTIGATION

Who is a CRIMINAL?
This refers to a person convicted of a crime by a final judgment.
In its criminological sense, criminal offender refers to any rational individual
who commits an anti-social act that is detrimental to the society; In strict legal
terms, a criminal offender refers to a person:
a. Who committed an act punishable by existing criminal law; and
b. Was tried and convicted of final judgment by a competent court.

What is INVESTIGATION?
• The term investigation comes from the Latin word “ivestigare” which means:
to track, trace or probe.
• It is the act or process of investigating or the condition of being investigated.
It also refers to a searching inquiry for ascertaining facts; detailed or careful
examination.

What is CRIMINAL INVESTIGATION?

• Criminal investigation seeks all facts associated with a crime to determine
the truth: what happened and who is responsible of a criminal incident.
• It is defined as the collection and analysis of facts/truths about persons,
things, places that are subjects of a crime to identify the guilty party, locate
the whereabouts of the guilty party, and provide admissible evidence to
establish the guilt of parties involved in crime.
• It also refers to the collection of facts to accomplish the threefold aim.

What are the threefold aim of criminal investigation?

• a. to identify the guilty party;
• b. to locate the guilty party; and
• c. to provide evidence of his guilt

What are the KINDS OF CRIMINAL INVESTIGATION?

1. Investigation while the suspect is under arrest and detention;

2. Investigation while the suspect is "at large"

CRIMINAL INVESTIGATION AS AN ART = It deals with the identity and location of

the offender and then proving his guilt through a criminal proceeding. It is an art because it is
not governed by rigid rules but based on intuition and to a minor extent, by chance.

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ACCORDING TO DR. HANS GROSS it is governed by:

95% -Perspiration
3% - Inspiration
2% - Luck

CRIMINAL INVESTIGATION AS A SCIENCE = A systematic method of inquiry that

apply scientific knowledge, principles, and methodologies in order to discover, identify,
collect, and process facts and evidence to promote justice.

CRIMINAL INVESTIGATION AS A PROCESS = it involves systematic

process of identifying, collecting, preserving, and evaluating data or raw facts to
produce valuable information for the purpose of bringing a criminal offender to
justice. As a process, it is based on systematic plan.

Who is a CRIMINAL INVESTIGATOR?

• A public safety officer who is tasked to conduct the investigation of all
criminal cases as provided for and embodied under the Revised Penal
Code/Criminal Laws and Special Laws which are criminal in nature. A well
trained, disciplined and experienced professional in the field of criminal
investigation duties and responsibilities.
• All investigators in any police unit must be a graduate of prescribed
investigation course with a rank of at least PO2 (pre-requisite to
assignment).

What are the qualification and qualities of a good criminal investigator?

1. PERSEVERANCE
• It refers to the steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacles connected with criminal investigation.
2. ENDURANCE
• this is the ability of the investigator to last physically and mentally hence; he
must have the extraordinary physical and mental energy, enduring
sleepless nights and tiresome days.
3. INCORRUPTIBLE HONESTY AND INTEGRITY
• this refers to the degree of honesty and integrity of the investigator on several
temptations over money that is offered to affect the investigation, women
and drinks where these are present in every corner playing tricks of
temptations.
4. INTELLIGENCE AND WISDOM OF SOLOMON
Fundamentals of Investigation and Intelligence
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Bataan Heroes College

• this is very important in order that the investigator could easily decipher falsehood
from truth and separate the grain from the chaff.
5. ACTING ACTIVITY
• it refers to the ability of the investigator in stooping down to the level of a
minor, the prostitute or the slum dwellers, professionals or other members
of the elite during the investigation process.
6. ORAL AND WRITTEN COMMUNICATION
• every investigator should have a basic knowledge on both oral and written
communication in probing a certain issue in order that he will not suffer
setbacks in getting the accurate facts especially in the preparation of
reports and or transmittal of information. This include the use of
appropriate words in making a report and writing observations and
descriptions of places, things and events.
7. OBSERVATION AND DESCRIPTION
• the investigator should be a keen observer and knows how to accurately describe
everything. This is important in crime scene investigation and in conducting
interview and interrogation.
8. COURAGE
• it is the moral fortitude of the investigator to tell the truth irrespective of who hets
hurt.
9. KNOWLEDGE OF LAWS
• the investigator should have basic knowledge on legal matters concerning
investigation.
10. THE POWER TO "READ BETWEEN THE LINES
• this refers to the ability of the investigator to interpret the words or phrases
encountered in the process of investigation into their deeper meaning in order to
arrive with a concrete meaning of a certain statement.
11. TECHNICAL KNOWLEDGE
• this refers to the investigator's capability of defense tactics, use of firearms and the
like. In many occasions, he will be alone in confronting, arresting, bringing to
headquarters and interrogating the suspect.
What are the BASIC ELEMENTS OF CRIMINAL INVESTIGATION?

1. RECOGNITION
• it involves the efforts of identifying data, including physical things that may provide
relevant information regarding the criminal case being investigated. it is otherwise
known as IDENTIFICATION STAGE of investigation. The earlier the significant
facts are identified, the sooner the case will be solved.

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2. COLLECTION - refers to the acts of gathering those identified data or facts, or

physical things that are significant to the case under investigation. Collection maybe
done by scraping the bloodstains found at the crime scene, interviewing the
neighbor who saw the burglary, or examination of drug dealer's bankbook.
3. PRESERVATION
• is a function that is almost simultaneously performed during the collection stage. It
includes act of keeping the collected evidence in their true and original form,
preventing contamination or destruction of substantive value.
Preservation does not only involve the process of packaging physical evidence in
order that they can be safely transmitted to the evidence custodian or to the crime
laboratory. It covers the process of maintaining the objectivity of facts or
information that has been gathered from the testimony of witnesses, victims or
other persons involved in the criminal cases.
4. EVALUATION
• refers to the process of determining the probative value of the evidence.
5. PRESENTATION
• is primarily manifested inside the courtroom. The investigator, with the help of the
prosecutor, must be able to present facts and information in a very simple and
convenient manner in order to convince the court and other parties involved in the
criminal case about the validity and truthfulness of the evidence they are trying to
prove or establish.

What are the CARDINAL POINTS OF CRIMINAL INVESTIGATION?

The investigation must seek to establish the six cardinal points of investigation, namely:
WHAT specific offense has been committed; HOW the offense has been committed;
WHEN it was committed; WHERE it was committed; WHY it was committed, and WHO
are the involved persons.

The following are further possible questions using the 5 W's and 1 H:
1. WHO QUESTIONS: these are questions used to inquire on the identity of the
victims or offended party, name of the suspect, accomplices, accessories and witnesses of
the crime such as:
1. Who reported the crime? who discovered the crime?
2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with him?
4. Who is the offender/perpetrator/culprit?
5. Who are the companions, associates, or accomplices of the perpetrator?

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2. WHAT QUESTIONS: the purpose of these types of questions is to find out what
happened or what took place before, during and immediately after the commission of the
offense. Some questions are:
1. What happened?
2. What specific actions did the suspect/victim/witness do?
3. What is the nature of the crime?
4. What was/were the weapons or tools used by the culprit?
5. What are the evidence discovered at the crime scene?

3. WHERE QUESTIONS: these are questions that localize the place of the incident -
the city oor town, the district or barangay, the street or road, the number of the house or
building. These questions are necessary in pinpointing the particular location of the crime
such as:
1. Where the crime discovered?
2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/ witnesses/culprits live?
5. Where was the suspect when he was apprehended?
6. Where are the weapons or tools used in committing crime?
7. Where did the investigator secure or obtain the evidence?
4. WHEN QUESTIONS: these are questions needed to determine and fix the time,
day, month and year when the crime was committed. These questions should be specified
and as accurate as possible such as:
1. When was the crime committed?
2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?

5. WHY QUESTIONS: these are questions that endeavor to ascertain the motives,
causes, antecedents, previous, incidents, related facts, background occurrences that might
help explain the commission of the offense. Why questions are as follows:
1. Why did the offender do it?
2. Why did he kill his victim?
3. Why didn't he just let the victim go?

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4. Why didn't the suspect surrender?

6. HOW QUESTIONS: there are designed to help the investigator determine how the
crime was committed, the means/tools that are employed, how the crime was discovered,
how the culprit enters the building/room. How questions are very significant in preparing
the modus operandi file or report such as:
1. How did the suspect get near to the victim?
2. How did he perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?

What is a GOLDEN RULE IN CRIMINAL INVESTIGATION?

GOLDEN RULE IN CRIMINAL INVESTIGATION:

"Never touch, alter, move or transfer any object at the crime scene unless it is properly marked,
measured, sketched and/or photographed."

Fundamentals of Investigation and Intelligence

Syra B. Enriquez, RCrim
Bataan Heroes College

MODULE 2:
TOOLS OF CRIMINAL INVESTIGATION

Fundamentals of Investigation and Intelligence

Syra B. Enriquez, RCrim
Bataan Heroes College

CHAPTER II TOOLS OF CRIMINAL INVESTIGATION

What are the tool’s or I’s of investigation?

TOOLS OF CRIMINAL INVESTIGATION

To achieve the goals of criminal investigation, the investigator must know how to
use the available resources or tools. There are indispensable tools that can be used by the
criminal investigators to successfully solve criminal cases. The so-called three tools in
criminal investigation or sometimes called as the 3
I's of criminal investigation includes: INFORMATION,
INTERVIEW/INTERROGATION and INSTRUMENTATION. The use of these tools
vary based on necessity and actual situation. The following are further insights about the 3
I's :

I. INFORMATION
• is the knowledge or facts which the investigator had gathered or acquired from
persons or documents, which are pertinent or relevant concerning the commission
of the crime or criminal activities.

INFORMATION AS A TOOL

• The knowledge acquired by criminal investigators from various sources.

• The key tool
• In fact, the most powerful weapon of investigators, more powerful than gun or
money.
Information that is valuable to investigators consists of data (raw facts) that were collected
and then put together to form a significant idea or something.

In intelligence operation, information is the aggregation of news, circumstances, situations,

media reports and intelligence summary.

The significance of information can be explained by what Rudyard Kipling had said:

“I keep six honest men

They taught me all I know;

Their names are what and why and when and how and where and who.”

Specifically, information. . .

• PROVIDES answers for the 5 W’s and 1 H.

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• Vital in planning the operations of investigators.

PRACTICAL TECHNIQUES OF GATHERING INFORMATION

• By observing tact or diplomacy in performing investigative tasks and duties.

• By being friendly and diplomatic with other law enforcers.
• By not totally relying in memory.
• By keeping records or maintaining a file of potential criminals, suspected criminals,
actual offenders, and informers/informants.
• By being meticulous
• By becoming acquainted with many kinds of people from all walks of life
TRACES VS. SOURCES OF INFORMATION

TRACES OF INFORMATION

Any written or documented statements of persons who possess relevant knowledge

concerning a crime. It may include any form of documented data such as directory, file,
audio/video tapes and written testimonies

Common traces of info:

• Criminal complaint
• Information
• Depositions
• News article
SOURCES OF INFORMATION

To whom, where or which information are derived or developed.

General categories:

• Places
• Things
• people

CLASSIFICATION OF INFORMATION AS TO SOURCES:

• Regular Sources
• Cultivated Sources
• Grapevine Sources
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What are the methods of obtaining information?

1. OVERT = The visible way of obtaining information like conducting interview, patrol,
crime scene search, regular performance of police activities and custodial interrogation.
2. COVERT = The secret way of obtaining information

What are the TYPES OF INFORMATION?

1. SENSORY FORM= the outward manifestations of a criminal event that can be

perceived by our five senses – eyes, ears, nose, tongue and hands.
2. WRITTEN FORM = A criminal act may also provide information is a written
form like receipts from the motel, food and drinks in the pocket of the suspect. 3.
PHYSICAL FORM = The information may actually be in a real form – meaning the
failure to retrieve it or receive it at the right time will be useless.

RECORDS AS SOURCE OF INFORMATION

RECORDS are documents that can be obtained and studied to obtain facts on incidents
and people. They are vital information since they provide leads in facilitating the
investigation process.

Records are of two general types: Public and private

PUBLIC

• LAW ENFORCEMENT SOURCES

• GOVERNMENT SOURCES
• PUBLIC LIBRARY
PRIVATE

• PERSONAL DIARIES
• PERSONNAL LETTER

THE INTERNET AS SOURCES OF INFORMATION (www)

• Fast breaking cases, such as kidnapping, can be aided by the investigator’s ability
to distribute photographs and important details efficiently and quickly.
• Has revolutionized investigation by enhancing the ability of investigators to access
volumes of data at a moment’s notice without even leaving their home or office.

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According to Keith Strandberg in his article Pointing Investigators in the Right Direction,
the internet is an excellent investigative tool, if used correctly and information is verified.

Good examples of US law enforcement websites are the LEO, CrimNEt, IACPNet, and
CopNet.

PEOPLE AS SOURCES OF INFORMATION

• Vast amount of information come from people with direct or indirect knowledge
• May be classified as: regular or cultivated sources

REGULAR

Those who come to the attention of the investigator because of their involvement or
familiarity with a crime or incident.

- Victims/complainants
- Witnesses/suspects

CULTIVATED
Those who have special information on a particular crime or criminal or non-
criminal activity.

- informant - informer
- Their immediate relatives and close friends

INFORMANT AND INFORMER

The solution of a crime sometimes depends on the information furnished by the informants
and informers. Informers are general synonymous with each other for they provide
information to the police authorities.

Who is Informant?
• The word informant is a general term that refers to any person who gives
information to the police authorities relative to a crime.
• Strictly speaking, an informant is any person who furnishes the police information
relevant to a criminal case about the activities of criminals or syndicates without
any monetary consideration. The informant may openly give information or may
serve as a witness voluntarily.
• Voluntarily or willingly provides information to the criminal investigators and
offers to be a witness. (requires anonymity)

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What are the types of informant?

1. ANONYMOUS INFORMANT - he may be an anonymous phone caller, letter

writer or a text sender.
2. RIVAL ELIMINATION INFORMANT - this kind mostly maintains being
anonymous. His purpose is to eliminate the rival persons or gang due to
competition or other motives such as revenge, etc.
3. FALSE INFORMANT - usually reveals information of no consequence, value or
stuff connected with thin air. His purpose is to appear to be on the side of the law
and for throwing out the suspicion from himself or from his gang or associates.
4. FRIGHTENED INFORMANT - he is prodded by fear or self interest in giving
information to the police. He maybe one of the lesser gang member who runs to the
police when his gang mates are about to be involved in dangerous situations or
when the gang he belongs is hot on the police trail.
5. SELF AGGRANDIZING INFORMANT - this kind of informant moves around
the centers of criminals, group or syndicate and delights in surprising the police
about bits of information.
6. CONFIDENTIAL INFORMANT - is a person who provides the police with
confidential information concerning a previous crime or a projected and planned
crime. under the law, these informants are protected and their identity could not be
revealed by the police even under the order of the court unless on exceptional case
where there is a claim of the defense that the informant framed up the accused.
7. MERCENARY INFORMANT - the informant has information for sale.
8. DOUBLE-CROSSER INFORMANT - he uses his seeming desire to divulge
information as an excuse to talk to the police in order to get more information from
them more than he gives.
9. WOMEN INFORMANT - she maybe the female associate of the criminals, who
was roughed up, marginalized in the deal or being eased out from the group. Care
must be given to this kind of informant because women, given the skills and
expertise, are more dangerous than men. They often give free romance that will
result in blackmailing the investigator or will result to an extended family for
support. Women are said to be most effective among informants because they could
easily penetrate the ranks of criminals with less suspicion.

OTHER TYPES OF INFORMANTS

• Female informants- Informants under this category is usually a mistress or

common law wife of criminal. She volunteers information because her lover jilted
her. Her motive is often revenge or simply jealousy.

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• Legitimate informants- Source of info under this category includes operators of

licensed premises who do not want their place of business to become the hang out
of dangerous criminals.
• Incidental informant- these are also called automatic informants. (victim)
• Confidential informant- identity is kept confidential by the respective police
officers or investigators who are receiving information that they are providing.

Who is Informer?
• Is a person who provides information to the police on a regular basis.
They are either paid regularly or in case-to-case basis, or none at all. They are
cultivated and established by the police on a more or less permanent character and
as long as they are loyal and useful to the police organizations.
• Generally paid by the investigator and should be registered with the investigator’s
agency. Informers are actually informants by profession usually recruited or paid
assets of investigating agencies.

TYPES OF INFORMER

- Mercenary informer (Paid assets)

- Double Crosser
- Information brokers (intelligence brokers)

MOTIVES OF INFORMANTS AND INFORMERS

- CIVIC-MINDEDNESS
- VANITY
- REPENTANCE
- FEAR
- AVOIDANCE OF PUNISHMENT
- SHOWING GRATITUDE FOR GAINING SOMETHING
- COMPETITION OR RIVALRY
- REVENGE
- JEALOUSY
- REMUNERATION

CLASSICAL SYSTEMS OF GATHERING INFORMATION

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• ENGLISH PRACTICE
• FRENCH APPROACH
ENGLISH PRACTICE

• System of gathering information that has little consideration on paid information

• Relies on information given voluntarily or willingly

FRENCH APPROACH

• Obtaining information that relies heavily in buying information

• Extensive use of informers
METHODS OF OBTAINING INFORMATION

• OVERT METHOD
• COVERT METHOD

OVERT METHODS

- INTERVIEW
- PATROL OR RECONNAISANCE
- CRIME SCENE SEARCH
- REGULAR PERFORMANCE OF POLICE ACTIVITIES
- CUSTODIAL INTERROGATION

COVERT METHOD

- SURVEILLANCE
- UNDERCOVER ASSIGNMENTS
- ENTRAPMENT
- BUY-BUST OPERATION
- INCLUDING TACTICAL INTERROGATION

SURVEILLANCE: PURPOSES

- Obtaining evidence
- Supplying information as basis of issuing arrest or search warrant
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- Determining the activities and contacts of suspected criminals

- Catching criminals in flagrante delicto

II. What is INTERVIEW AND INTERROGATION?

Interview and interrogation are similar with each other, in the sense that, they are both ways of
obtaining information from a certain suspects or persons that has knowledge on a crime.
however, the following provides a clear distinction between the two.
INTERVIEW
• Is the simple questioning of a person believed to possess information, which are
relevant to the investigation of a crime or criminal activities. in an interview, the
interviewee is willing and cooperative with the person conducting the interview.

What is a Golden Role in Interview?

Golden Role in Interview:

"Never allow the interviewer to conduct nor let anyone to conduct an interview without prior
visit to the crime scene."

GENERAL KIND OF INTERVIEW

1. COGNITIVE INTERVIEW
• is conducted to willing and cooperative witnesses, where they are given the full
opportunity to narrate their accounts without intervention, interruption and
interference from the interviewer. After the subject has finished his narration, the
investigator now subjects him to the style of direct examination and cross-
examination, to clarify the unexplained portions to arrive at a vivid and complete
picture of the testimony.

2. QUESTION AND ANSWER

• this interview as prescribed by some investigators requires the interviewee to
answer the question posed by the investigator. The interviewee to answer on what
he knows about what is being asked. In the case of subjects of low level of
intelligence, the use of leading questions greatly helps the investigator to obtain the
full and desired information.

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What are the TYPES OF INTERVIEW?

1. BACKGROUND INTERVIEW = This is focused only in obtaining data regarding

the personal background of the subject, the simplest type of interview used in criminal
cases.
2. SUBJECTIVE INTERVIEW = An interview wherein the questions are phrased in
a manner such that the subject’s answers are based on his personal opinions or views.
Questions are designed to deal with the subjective aspect of the case.
3. OBJECTIVE INTERVIEW = The questions are designed to acquire the basic and
specific data or facts regarding a criminal case. It is the type of interview that complies
with the six cardinal points of criminal investigation ( the 5 W’s and 1 H)

What are the QUALITIES OF A GOOD INTERVIEWER?

1. RAPPORT
• It refers to the good relation between the interviewer and the interviewee, which is
conducive to a fruitful result.
• It is winning the confidence of a person being interviewed in order that he will tell
all the information in his possession.
• The interviewer must in a respectable civilian attire because, most often and the
majority of people, the police uniforms is barrier in establishing rapport. To many,
the uniform is intimidating.\

2. FORCEFUL PERSONALITY
• The appearance of the interviewer and other qualities such as skills of
communication techniques or the forces of his language is the mainstays of the
strength of his character.
• He must be understanding, sympathetic and without showing official arrogance,
vulgarity of expressions and air superiority.

3. KNOWLEDGE ON PSYCHOLOGY AND PSYCHIATRY

• This will help the interviewer to determine the personality and intelligence of his
subjects.
• He must go down in the level of understanding of his particular subject.

4. CONVERSATIONAL TONE OF VOICE

• The interviewer must know how to appropriately use his voice normally, without
unusual loudness that may affect the interview process.

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

6. HUMILITY
• He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview.

What are reasons WHY WITNESSES REFUSE TO TALK?

1. FEAR OF REPRISAL - witness who lack the courage to face the suspect, his
associates or relatives always entertain the fear of reprisal. The investigator must
remove these fears from the mind of his witnesses either by offering protection or
by the explanation that unless the suspect in not put behind bars, the fear will not be
disappear.
2. 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.
3. HATRED AGAINST THE POLICE - this hatred maybe due to previous bad
experience with rogue members of the police organization.
4. BECAUSE OF BIAS OF WITNESS - the witness maybe an acquaintance, friend,
helper or benefactor of the suspect. All of these and other relationship of the
witnesses to the suspect must be explored so that an intelligent approach is properly
applied.
5. AVOIDANCE OF PUBLICITY - there are witnesses who are shy and they shun
publicity that will bring discomfort to their ordinary or obscure way of living.
6. FAMILY RESTRICTION - some famous and respected families preserve their
reputations by instilling to their members the need of the approval of the elders on
matter affecting their families.

What are the rules to be considered in questioning during Interviews?

1. One Question at a time - multiple, complex and legalistic questions should be
avoided.
2. Avoid Implied Answer - the nod of the head or nay other body language as a
response to the questions should be avoided.
3. Simplicity of Question - a short simple question at a time is required. Avoid
legalistic questions such as "Who is the murderer; or "Who are in conspiracy with
the subject".
4. Saving Face -

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5. Yes` and No Answer - do not ask questions which could be answered by yes or no
only. It will curtail the complete flow of information and will lead to inaccuracy.

What are the TYPES OF WITNESSES according to attitude?

1. KNOW-NOTHING TYPE - this is a reluctant type of witnesses. It is found
among the uneducated and of low level of intelligence. The technique to be applied
is be with their level of intelligence and by interrogation.
2. 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.
3. THE 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 hi about his disclosures while in
the state of drunkenness. The written statement must be taken during his sobriety.
4. TALKATIVE TYPE - this is a witness who is prone to exaggerate, adding
irrelevant or new matters to their narration.
5. HONEST WITNESS - this is the truthful and cooperative witness where the
investigator could rely upon, with little or no problem in handling them.
6. DECEITFUL WITNESS - this is a liar type of witness. Let him lie and order him
to repeat several times their narration.
7. TIMID WITNESS - this is a shy witness. The approach must be friendly and
reassuring confidentiality of their information. It should be hidden from the
devouring press by interviews or photo sessions.
8. REFUSAL TO TALK WITNESS - this is the most difficult subject to deal with.
Find out the reasons of his personality such as: Trauma, shock, fear, hatred and
others.

What is INTERROGATION?
• Is the vigorous and confrontational questioning of a reluctant suspect about his
participation in the commission of crime. it is confrontational in the sense that the
investigator places the guilt on the accused. This processed is also applied to an
uncooperative or recalcitrant suspect/witness.
• It is one of the most difficult but most interesting phases of criminal investigation
and detection. It is a challenging battle of wit between the investigator and the
suspect.
• It is a mental combat where the weapon is intelligence and the use of the art
• Witnesses or victims are interviewed, and suspects are interrogated.

D. What are the Phases of Interrogation?

1. Planning of Interrogation
2. Approach (Meeting the Interrogee). The first meeting in which it is extremely critical
because the outcome may depend on the initial impression created by the interrogator.

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3. Questioning. This is the heart of the interrogation.

4. Termination. The termination of the interrogation will depend on various factors such
as the physical condition of the subject.
5. Recording. The interrogator should take notes in cryptic if possible.
6. Reporting. The end product of an interrogation is the Tactical Interrogation Report
containing the information gained. Report must be made orally or in written form.

What is the MAIN PURPOSE OF INTERROGATION?

The main intention of interrogation is to obtain CONFESSION or ADMISSION from the
suspect and to learn relevant information from uncooperative witness.

What is Confession?
CONFESSION - is the direct acknowledgement of guilt.

Illustration: the accused was charged with homicide. During trial, acknowledged that he
was the one who killed the victim.

What are the ELEMENTS OF CONFESSION?

1. There is declaration of the person
2. The statement of the accused is he acknowledged his guilt from the commission of
a crime
3. Guilt is admitted.
What are the KINDS OF CONFESSION?
1. 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.

SEC 3, RULE 133, RULES OF COURT STATED THAT:

"Extra judicial confession is not sufficient ground for conviction: an extra judicial
confession made by an accused, shall not be sufficient ground
for conviction, unless corroborated by evidence of corpus delicti - body of the
crime."

TYPES OF EXTRA-JUDICIAL CONFESSION

a. VOLUNTARY EXTRA-JUDICIAL CONFESSION

The confession is voluntary when the accused speaks of his free will and accord,
without any inducement of any kind, with a full and complete knowledge of the
nature and the consequences of the confession
b. INVOLUNTARY EXTRA JUDICIAL CONFESSION
This confession obtained through force, threat, intimidation, duress or anything
influencing the voluntary act of the confessor
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Bataan Heroes College

NOTE: Confession obtained from the defendant by means of force or

intimidation/violence is null and void and cannot be used against him/her in the
trial and the like.
2. JUDICIAL CONFESSION
• This confession is made by the accused is open court. The plea of guilt maybe
made during arraignment or any stage of the proceedings where the accused
changes his plea of not guilty to guilty.
• This is conclusive upon the court and may be considered to be a mitigating
circumstance to criminal liability.
• A plea of guilty when formally entered on arraignment is sufficient to sustain
conviction of any offense, even a capital one, without further proof.

SEC. 2, RULE 129, RULES OF COURT AFFIRMED THAT:

"Judicial Admission is made by the party in the pleadings, or in the course of the
trial or other proceedings do not require proof and cannot be contradicted unless
previously shown to have been made through palpable mistake."

What is Admission?

ADMISSION - is indirect acknowledgment of guilt.

Illustration: The accused was charged with homicide. During the trial, acknowledged that
he owned the murder weapon but did not acknowledge that he is the one who committed
the crime. To acknowledge ownership of the murder weapon is an indirect
acknowledgment of guilt because an owner of the weapons used in committing the crime
is presumed to be the perpetrator. (Gacayan, 2005)

What are the ELEMENTS OF ADMISSION?

1. There is a statement of the person (accused);
2. The person only acknowledged facts or circumstances of the crime;
3. There is no acceptance of guilt
NOTE: When the accused confessed to the commission of a crime, he accepts the facts
constituting the offense but he interposes self-defense or other exculpatory grounds, then
his acknowledgment is not a confession but admission.

What are the TECHNIQUES OF INTERROGATION?

1. EMOTIONAL APPEAL - this is a technique where the investigator, combining
the skills of an actor and a psychologist, addresses the suspect with an emotional
appeal to confess. This is applicable to first time offenders or those who are of the
emotional type of characteristics displayed nervousness or emotional disturbances.
Fundamentals of Investigation and Intelligence
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Bataan Heroes College

2. SYMPATHETIC APPROACH - the investigator, in his preliminary or probing

questions must dig deep into the past troubles, plight and unfortunate events in the
life of the suspect. An offer of help, kindness, friendliness may win his cooperation.
3. FRIENDLINESS - a friendly approach coupled with a posture of sincerity may
induce the suspect to confess
4. TRICK AND BLUFF TECHNIQUES:
a. Pretense of Solid Evidence - the investigator bluffs the suspect that even if he
will not confess, there is enough evidence to send him to jail. If he will confess,
the investigator will see to it that his prison term will be within the range of
probation.
b. Weakest Link - among the suspects, there must be a careful selection of who
among them is the weakest link where the interrogation will begin. By tricks
and bluffs, this weakest link will be told that his companions had already
confessed. That this weakest link had dealt the fatal blow or that he received the
lion share of the loot in order to intrigue him.

c. Drama - the weakest link maybe used to fake pain and agony by ordering him
to shout, accompanied by banging a chair on the wall to make it appear that a
commotion is going on. The other suspects in separate rooms must hear the
drama before telling them that their partner had confessed.
d. Feigning Contact with Family Members - the suspect could be tricked that
the investigator had gone to the residence and the family members had supplied
facts against the suspect. The suspect's family will be charged into the
investigation if the suspect will not confess.
e. Line Up - the complainant, witness or victim is requested to point positively to
the suspect in the police line-up. The witnesses' victims or complainant are
previously coached about the identity of the suspect.
f. Reverse Line-Up - The suspect is placed among other persons in a line up and
he is identified by several complainants and witnesses who will associate the
suspect in other several crimes. This will cause the suspect to become desperate
and confess only to the case under investigation to avoid from being charged on
false accusations.
g. Stern Approach - the investigator displays a stern (demands immediate
response) personality towards the suspect by using the following methods
1. Jolting - in the questioning process, the investigator selects the right
moment to shout as pertinent question in an apparent righteous outrage.
The suspect's nerves will break to a confession.
2. Opportunity to Lie - the suspect is given all the opportunities to lie.
The suspect is questioned about his personal life, family, friends and his

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knowledge about the complainant and witnesses. Then the suspect is

questioned about his activity prior, during and after the commission of
the crime. this repeated many times, to include the investigator focusing
his questions about the knowledge of the suspect of the crime. the
suspect will be enmeshed in contradictions, which is now capitalized by
the investigator to get the truth from the suspect. If possible, the
interrogation must be taped recorded for purposes of emphasis during
the confrontation of the contradictions.
h. Mutt and Jeff or Sweet and Sour Method - the first set of investigators must
appear to be rough, mean and dangerous. When they had finished the
interrogation, the second investigator intervenes by stopping the first set of
investigators. By being sympathetic and understanding, he begins his
interrogation. If the suspect still refuses to cooperate, then the process is
repeated until there is a confession.
i. Removing the Ethnic or Cultural Barrier - If the suspect is an "Ifugao"
(person from Ifugao Province), then preferably, an Ifugao investigator is
recommended to interrogate him, the same with other ethnic or cultural groups.
j. Searching for the Soft Spot - in every man's heart, there is always that softest
spot. The heart may have been hardened to steel by poverty, destitution,
hopelessness, despair, apathy, indifference, injustice, hatred or other factors, yet
there is always that spot which could be discovered by the investigator thru his
knowledge of human behavior.

Additional Modern Techniques of Interrogation

1. Rationalization –use of reasons
2. Projection –putting the blame to other persons, not alone to the suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.

What are the APPARENT SIGNS OF DECEPTION?

1. EXCESSIVE SWEATING - the profuse sweating indicates tension, anxiety,
shock of fear. Extreme nervousness is also the cause of sweating.
2. CHANGE OF FACIAL COLOR - anger is indicated if the face is blushing.
It is also the result of extreme nervousness or embarrassment. It is
necessary a sign of deception or guilt. A pale face is a reliable indicator of guilt or
deception.
3. DRY MOUTH - this is a sign of great tension and is reliable symptom of
deception. Swallowing, constant movement of the Adam's apple and sweating of
the lips are indicators of dryness of the mouth.
4. EXCESSIVE BREATHING - An effort to control breathing during the critical
questioning is an indication of deception. Gasping of breath is the ultimate result of
the control breathing.

Fundamentals of Investigation and Intelligence

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Bataan Heroes College

5. INCREASE OF PULSE BEAT - when observed at the side of the neck, the
investigator has to discover the increase of pulse beat which is indicative of
deception.
6. AVOIDANCE OF DIRECT EYE CONTACT - this may indicate guilt or
deception. Misty or teary indicate remorse or repentance.

INTERROGATOR - the person who performs skillful questioning of hostile witness and
suspects for purposes of obtaining confession or admission.

INTERROGEE - this points to the subject of interrogation whether a suspect or a victim.

SUSPECT - denotes any person associated to the commission of a crime. a suspect may
also refers to any person whose guilt is considered on reasonable on reasonable ground to
be a practical possibility.

WITNESSES - is a person other than the suspect, who is requested to give information
concerning an incident. He may be a victim, complainant, an accuser, a source of
information, and an observer of the occurrence, a scientific specialist who has examined
physical evidence or a custodian of official documents

III. What is INSTRUMENTATION?

INSTRUMENTATION
• It is the process of applying instruments or tools of the police sciences in criminal
investigation and detection. In the process of instrumentation, the following
equipment are being used, namely:

1. The first used was Anthropometry found by Alphonse Bertillon. He is a

Frenchman who founded criminal identification by body measurement. It was accepted
and adopted by police departments in Europe and the United States for more than twenty
(20) years. But due to the West case, Anthropometry disappeared, which up to the time of
his death in 1914, Bertillon never accepted its uselessness.

2. Dactyloscopy replaced Anthropometry. It was popularized by Sir Edward Richard

Henry in Europe and through Juan Vucetich who founded the fingerprint classification, it
was found to be accurate. Its usefulness in criminal investigation cannot be questioned
because its infallibility because no two persons have the same fingerprints not even the ten
neighboring fingers of the same persons.

3. Forensic Serology was discovered by Karl Landsteiner in 1901 the agglutination of

human blood. This discovery demonstrated that blood possesses certain characteristics,
which allowed the designation A, B, AB and 0.

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Bataan Heroes College

4. Forensic Ballistics developed by Dr. Calvin H. Goddard, a U.S. Army Physician

with a rank of Lieutenant Colonel. It is used for determining whether or not the evidence
bullet and test bullet came from a single gun through the use of bullet comparison
microscope.

5. Poroscopy founded by Edmond Locard, one of the foremost criminalists in the

world. Poroscopy deals with the identification of sweat pores, he proved that pores vary in
number, size and position in each individual.

6. Polygraph (lie detector) was develop by John Larson although it was founded by
Keller. It is effective in limiting the suspects in number as in the hand of an expert and
dependable machine its result is excellent.

7. In 1984, Alex Jeffrey’s, a British biologist and genetics expert, discovered the
concept of DNA genetic fingerprinting.

Fundamentals of Investigation and Intelligence

Syra B. Enriquez, RCrim