CDI3 Specialized Crime Investigation PDF

What is Parricide? Parricide is any person who shall KILL his FATHER, MOTHER or CHILD whether LEGITIMATE, or ILLEGITIMATE or any of his ASCENDANCE or DESCENDANCE, or SPOUSE shall be guilty of parricide. Elements of Parricide 1. That a PERSON IS KILLED; 2. That the DECEASED is KILLED BY the ACCUSED;...

What is Parricide? Parricide is any person who shall KILL his FATHER, MOTHER or CHILD whether LEGITIMATE, or ILLEGITIMATE or any of his ASCENDANCE or DESCENDANCE, or SPOUSE shall be guilty of parricide. Elements of Parricide 1. That a PERSON IS KILLED; 2. That the DECEASED is KILLED BY the ACCUSED; 3. That the DECEASED is the FATHER, MOTHER, or CHILD, whether LEGITIMATE or ILLEGITIMATE, or a LEGITIMATE other ASCENDANCE or DESCENDANCE, or the LEGITIMATE SPOUSE of the accused. What is important in Parricide? RELATIONSHIP of the OFFENDER with the VICTIM is the essential element of this crime. What is infanticide? Infanticide is the KILLING of any CHILD LESS THAN THREE (3) DAYS OLD OF AGE, whether the KILLER is the PARENT or GRANDPARENT, any OTHER RELATIVE of the child, or STRANGER. Elements of infanticide 1. That the CHILD WAS KILLED; 2. This is the KILLING of any CHILD LESS THAN THREE (3) DAYS OLD or LESS THAN 72 HOURS OF AGE, whether the KILLER is the PARENT or GRANDPARENT, any OTHER RELATIVE of the child, or STRANGER; 3. That the ACCUSED KILLED the SAID CHILD; What is murder? Murder is the UNLAWFUL KILLING of any person which is NOT PARRICIDE or INFANTICIDE, provided that any of the following ATTENDING CIRCUMSTANCES IS PRESENT. What are the attending circumstances? ✓ Treachery ✓ Taking advantage of superior strength ✓ With the aid of armed men ✓ Employing means to weaken the defense ✓ Impunity ✓ In consideration of price, reward, or promise ✓ By means of inundation ✓ By means of fire ✓ By means of poison ✓ By means of explosion ✓ Shipwreck ✓ Stranding of a vessel ✓ Derailment ✓ By means of motor vehicle ✓ Fall of an airship ✓ On occasion of calamities, such as earthquake, volcanic eruption, cyclone, epidemic or any other public calamity. ✓ With evident premeditation ✓ With cruelty, or outraging his corpse How many attending circumstances is needed to elevate the crime to murder? Only ONE (1), the others will be considered as GENERIC AGGRAVATING CIRCUMSTANCES. What is homicide? Homicide is the UNLAWFUL KILLING of any person WITHOUT the ATTENDING CIRCUMSTANCES OF MURDER, and NOT PARRICIDE or INFANTICIDE. Elements of homicide 1. That the PERSON WAS KILLED; 2. That the ACCUSED KILLED him WITHOUT JUSTIFYING CIRCUMSTANCES; 3. The ACCUSED has INTENT TO KILL, which is PRESUMED; 4. That the KILLING was NOT ATTENDED by any of the QUALIFYING CIRCUMSTANCES OF MURDER, or by that PARRICIDE or INFANTICIDE. The three bridges in Homicide Investigation The first bridge is burn when dead person has been MOVED. The second bridge is burned when the body is EMBALMED. The third bridge is burned when the body is BURNED or CREMATED. (BODY OF THE VICTIM - Primary source of evidence) Mistakes in Homicide Investigation The MISTAKES of the HOMICIDE INVESTIGATOR, CANNOT BE CORRECTED. The homicide investigator SHOULD NOT CROSS THE THREE (3) BRIDGES, which he burns behind him. Elements in Evidence Victim Suspect Crime Scene Composition of Crime Scene Physical Location Physical Evidence The Persons Involved (Suspect/s, Victim/s, Wintness/es) What is abortion? Abortion is the WILLFUL KILLING of a FETUS in the UTERUS or violent expulsion of the fetus from the MATERNAL WOMB which result to the DEATH OF THE FETUS. What are the kinds abortion? Intentional abortion Unintentional abortion How is abortion committed? By USING VIOLENCE upon the person of the PREGNANT WOMAN. By ACTING, but WITHOUT using VIOLENCE, WITHOUT the CONSENT of the WOMAN (administering drugs/beverages upon a pregnant woman without her consent.) By ACTING, but WITHOUT using VIOLENCE, WITH the CONSENT of the WOMAN (administering drugs/beverages upon a pregnant woman with her consent.) Elements of Intentional Abortion 1. That there is a PREGNANT WOMAN. 2. That VIOLENCE is EXERTED, or DRUGS or BEVERAGES administered, or that the ACCUSED otherwise acts upon such PREGNANT WOMAN. 3. That the RESULT of the USE OF VIOLENCE or DRUGS or BEVERAGES upon her, or any OTHER ACT of the ACCUSED, FETUS DIES, either in the WOMB or AFTER having been expelled therefrom. 4. That the abortion is intended. Elements of unintentional abortion 1. That there is a PREGNANT WOMAN. 2. That the VIOLENCE is used upon such PREGNANT WOMAN WITHOUT INTENDING ABORTION. 3. That VIOLENCE in INTENTIONALLY EXERTED. 4. That the RESULT of the VIOLENCE the FETUS DIES, either in the WOMB or AFTER having been expelled therefrom. The word "Violence" Unintentional abortion is committed only by violence, The word "Violence" must be an actual physical force. What is death under exceptional circumstances? Any LEGALLY MARRIED person who having SURPRISED his SPOUSE in the ACT OF COMMITTING SEXUAL INTERCOURSE with ANOTHER PERSON, shall kill any of them in the act or immediately thereafter. Requisites of death under exceptional circumstances 1. That the LEGALLY MARRIED person or a PARENT SURPRISES his SPOUSES or DAUGHTERS (Must be under 18 years of age) and living with him, SUPRISED him in the ACT OF SEXUAL INTERCOURSE with ANOTHER PERSON. 2. That he or she KILLS any or both of them or INFLICTS INJURIES. 3. That he has NOT PROMOTED or FACILITATED the PROSTITUTION of his WIFE or DAUGHTER, or that he or she has NOT CONSENTED to the INFIDELITY OF THE SPOUSE. What is Death cause by Tumultuous Affray? Death cause by tumultuous affray happens when several persons, not composing of groups organized for the common purpose of assaulting and attacking each other in a confuse and tumultuous manner, and the course of the affray someone is killed. (Must be 4 persons above) Elements of Death cause by Tumultuous Affray 1. That there be SEVERAL PERSONS. 2. That they did NOT COMPOSE GROUPS organize for the common purpose of ASSAULTING and ATTACKING each other reciprocally. 3. That these SEVERAL PERSONS QUARRELED and ASSAULTED one another in a confused and tumultuous manner. 4. That some was KILLED in the COURSE OF AFFRAY. 5. That it CANNOT ASCERTAIN WHO actually KILLED the DECEASED. 6. That the person or persons who inflicted serious physical injuries or who use violence can be identified. Who are liable if there is death cause by tumultuous affray? The person or persons who inflicted serious physical injuries to the victim. If it is not known who inflicted the serious physical injuries on the deceased persons who used violence upon the victim are liable. What is giving assistance to suicide? Any person who shall assist another to commit suicide be held criminally liable. How is giving assistance to suicide committed? 1. By assisting another to commit suicide, whether the suicide is consummated or not. 2. By lending his assistance to another to commit suicide to the extent of doing the killing himself. What is RAPE? Rape is the unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat. Elements of rape under Art. 266 RPC Paragraph 1 1. That the offender is a man; 2. That the offender had carnal knowledge of a woman; 3. That such act is accomplished under any of the following circumstances; Thru force, threat or intimidation When the woman is deprived of reason or its otherwise unconscious By means of fraudulent machination or grave abused of authority When the offended party is under (12) years of age What is R.A. # 8353? Republic act # 8353 is an act expanding the definition of crime of rape and reclassifying the same as a crime against person. Elements of Rape under Paragraph 2 as Amended by R.A. 8353 1. That the offender commits an act of sexual assault; 2. The sexual assault is committed by the following means; By inserting his penis into another person's mouth or anal orifices By inserting any instrument or object into the genital or anal orifices of another person. 3. That the act of sexual assault is accomplished under any of the following circumstances; Thru force, threat or intimidation When the woman is deprived of reason or its otherwise unconscious By means of fraudulent machination or grave abused of authority When the offended party is under (12) years of age R.A. # 11648 AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL EXPLOITATION AND ABUSE, INCREASING THE AGE FOR DETERMINING THE COMMISSION OF STATUTORY RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI-RAPE LAW OF 1997. R.A. # 11648 Article 266-A. Rape; When and How Committed. - Rape is committed: 1. By a person who shall have carnal knowledge of another person under any of the following circumstances: 2. That the act of sexual assault is accomplished under any of the following circumstances Thru force, threat or intimidation When the woman is deprived of reason or its otherwise unconscious By means of fraudulent machination or grave abused of authority When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: R.A. # 11648 Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply. What is robbery? Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of any person or use force upon things. Classification of robbery Robbery with violence against, or intimidation of persons. Robbery by use of force upon things. Elements of robbery in general 1. That there be personal property belonging to another; 2. That there is unlawful taking of that property; 3. That the taking must be with intent to gain; 4. That there is violence against or intimidation of any person or force upon thing. What is theft? Theft is committed by any person who, with intent to gain but without violence against, or intimidation of neither persons nor force upon things, shall take personal property of another without the latter's consent. Elements of theft 1. That there be taking of personal property; 2. That said property belong to another; 3. That the taking be done with intent to gain; 4. That the taking be done without the consent of the owner; 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon thing. Theft is likewise committed by; Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or objects of the damage caused by him. What is qualified theft? The crime of qualified theft shall be punished by the penalties next higher or by two degrees than simple theft. What makes a theft qualified? 1. If theft is committed by a domestic servant. (Katulong) 2. If committed by grave abuse of confidence. (Because of trust) 3. If the property stolen is a motor vehicle, mail matter (sulat) or large cattle 4. If the property stolen consist of coconuts taken from the premises of plantation; 5. If a property stolen is a fish taken from the fishpond or fishers 6. If the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civic disturbans. What is malicious mischief? Malicious mischief is the unlawful damaging of another's property for the sake of causing damage due to hate, revenge, or other evil motive. Elements of malicious mischief 1. That the offender deliberately cause damage to the property of another; 2. That such act does not constitute arson or other crimes involving arson; 3. That the act of damaging another's property be committed merely for the sake of damaging it. P.D. No. 532 anti-piracy and anti-highway robbery law Is the seizure of any person for ransom, extortion or unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things or other unlawful means, committed by any person on any Philippine highway. R.A. 6539 An act preventing and penalizing carnapping of 1972 AMENDED BY R.A 10883 New anti-carnapping law of 2016 Carnapping refers to the taking, with intent to gain, of motor vehicle belonging to another without the latter's consent or by means of violence against or intimidation of persons, or by using force upon things. R.A. No. 6235 An act prohibiting certain acts inimical to civil aviation and for other purposes. Hijacking is a term which immediately conjures the image of a group of heavily armed and determined men and woman holding up an airplane, in order to achieve their nefarious objectives. How hijacking is committed? 1. By compelling a change in the course or destination of an aircraft of Philippine registry, or to seize up or usurp the control thereof. While in flight. 2. By compelling an aircraft of foreign registry to land in the Philippines territory or to seize up or usurp the control thereof. (Pinaland mo sa pilipinas yung airplain) P.D. No. 533 the anti-cattle rustling law of 1974 Cattle rustling refers to the taking away by any means, method or scheme, without the consent of the owner of any animals whether or not for profit or gain or whether committed with or without violence against or intimidation of any person or force upon things. P.D. No. 1612 anti-Fencing law Fencing is the act of any person who, with or without intent to gain himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or in any other manner deal ant article, item, object, or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. P.D. No. 1612 anti-Fencing law Fence is any person, firm, association, corporation or partnership which commit the act of fencing. P.D. No. 1612 anti-Fencing law Presumption of fencing mere possession of any goods, article, object, or anything of value which has been the subject of robbery or thievery shall be PRIMA FACIE evidence of fencing.