Questions and Answers
An informant is one who gives information with a reward.
False
The opening statement in an interview includes the reason why the subject is being contracted.
True
Regular sources of information include records and news items.
True
The acronym 'IRONIC' stands for Introduction, Reason, Opening, Narrative, Inquiry, and Conclusion.
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During the narration phase of an interview, the investigator should interrupt the witness frequently.
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Preliminary investigation is required for all offenses regardless of the penalty prescribed by law.
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An inquest prosecutor can conduct a preliminary investigation.
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A complaint can be directly filed with the municipal trial court for all offenses.
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In Manila and other chartered cities, a complaint can be filed directly with the municipal trial court.
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Inquest proceedings commence upon the presentation of the prosecutor before the arrested person and witness/es by the police officer.
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Study Notes
Instituting Criminal Actions
- Inquest proceedings commence upon the presentation of the arrested person and witnesses by the police officer before the inquest prosecutor.
Inquest Procedures
- The arrested person must be present unless their absence is justified.
Preliminary Investigation
- It is an inquiry to determine if there is sufficient ground to believe a crime has been committed and the respondent is probably guilty.
- Required for offenses with a penalty of at least four years, two months, and one day, regardless of the fine.
- Conducted by provincial or city prosecutors, their assistants, national and regional state prosecutors, and other authorized officers.
Direct Filing
- For offenses where preliminary investigation is not required, the investigator may file a complaint directly with the municipal trial court or the office of the prosecutor.
- In Manila and other chartered cities, complaints are filed with the office of the prosecutor unless otherwise provided in their charters.
- The concerned investigator files cases with the prosecutor's office through regular filing in specific instances:
- When the suspect has not been arrested but there is sufficient evidence to warrant filing the case.
- When there was an arrest by virtue of warrantless arrest, but the reglementary period to file the case has already lapsed.
Tools in Criminal Investigation
Information
- Acquired knowledge or data by the investigator from other persons or records.
- Classes of information:
- Regular sources: records, government and non-government agencies' files, and news items.
- Cultivated sources: information gathered from informants, vendors, taxi drivers, GRO, and others.
- Grapevine sources: information obtained from the underworld.
Distinction Between Informant and Informer
- Informant: gives information without a reward.
- Informer: gives information with a reward.
Interview and Interrogation
- A purposive conversation to obtain information from the person being interviewed based on what was done, seen, felt, heard, tasted, smelled, or known.
- The art of questioning a person believed to possess knowledge of official interest to the investigator.
- Interview format (I.R.O.N.I.C):
- Identity: introducing oneself to the subject, including name, rank, and agency (except when necessary to keep the officer's identity secret).
- Rapport: creating a pleasant and positive atmosphere between the subject and the investigator.
- Opening Statement: providing context to the conduct of the interview, including the reason for contacting the subject.
- Narration: allowing the witness to articulate their knowledge with little or no interruption.
- Inquiry: asking questions to clarify certain areas of the case under investigation.
- Conclusion: summarizing the interview and obtaining the witness's signature.
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Description
This quiz covers the procedures for instituting criminal actions, including inquest proceedings, inquest procedures, and preliminary investigations.
