問題一覧
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Title description of CDI 2
Specialized Crime Investigation 1 with Legal Medicine
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is an inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matters involved.
Investigation
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is an ensemble of methods by which crimes are studied and criminals are apprehended.
Crime Investigation
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is the collection of facts to accomplish a three-fold aim
Criminal investigation
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A personel seeks to ascertain the methods, motives and identities of criminals and the identity of victims and may also search for and interrogate witnesses.
Investigator
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Three fold aim of investigation
1. To identify perpetrator/s 2. To locate the suspect 3. To provide evidence of his guilt
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6 Cardinal Points
1. What 2. Who 3. Where 4. When 5. Why 6. How
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It is a special study of modern techniques in the investigation of serious and specific crimes
Special Crime Investigation
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Its emphasis is on physical evidence rather than extra judicial confession, and focuses on specific crimes which by nature are difficult and complex to investigate.
Special Crime Investigation
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Is a specialized field that applies medical and paramedical scientific knowledge to various aspects of both civil and criminal law.
Legal Medicine
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Its primary objective is to assist in the administration of justice by integrating this knowledge and utilizing it within the context of legal proceedings.
Legal Medicine
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a specialized study of modern techniques in investigating crimes involving the rights of individuals, crime scene processing, determination of the cause of death, wounds, injuries, crimes against persons, property, chastity and other related offense, as well as police reports.
Specialized Crime Investigation with Legal Medicine
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It is directed to a person’s belongings, intellectual properties and money.
Crime against Property
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can range from lower level offenses such as shoplifting and vandalism to high level of felonies including armed robbery and arson.
Crime against Property
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It is the act of gaining, taking any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything.
Robbery
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Elements of the Crime of Robbery:
1. The Personal Property Belongs to another 2. The unlawful taking of property 3. With intent to gain (animus lucrandi) 4. Violence against or intimidation of any person or force upon things 5. The offense can be committed by a band or with the use of firearms on a street, road or alley or by attacking a moving train, street car, motor vehicle or airship or by entering or taking the passenger conveyance by surprise.
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FIVE CLASSES OF ROBBERY WITH VIOLENCE OR INTIMIDATION
1. Robbery with Homicide 2. Robbery with rape 3. Robbery with Physical injury 4. Robbery commited with unnecessary violence or with Physical Injury 5. Robbery in other cases or imply robbery where the violence against or intimidation of persons cannot be subsumed by or where it is not sufficiently specified so as to fall under the first hour.
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means any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants are temporarily absent from it when the robbery was committed.
Inhabited House
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False keys
1. The tools mentioned in the preceding articles like picklocks. 2. Genuine keys stolen from the owner 3. Any keys other than those intended by the owner for use in lock forcibly opened by the offender.
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General types of Robbers
1. Amatuer 2. Professionals
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motivated by greed, the desire for a thrill and self-testing.
Amatuer
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are those people who worked as robbers as a trade making it their living and having no other means of income.
Professionals
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act of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for other purposes to be attained by means of force and violence by more than three armed persons or a band or robbers.
Brigandage
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Brigands is also know as ______
Highway Robbers
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are group or more than three armed person forming a band or robbers for the purpose of committing robbery in highway, or kidnapping person for the purpose of extortion or to obtain ransom or for an other purpose to er attained b means of force and violence.
Brigands
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Is the seizure of any person for ransom, extortion or other unlawful purposes, or the taking away 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 Island
Brigandage (Art 306-307)
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Elements of the crime of brigandage
1. The offense is commited by at least 4 armed persons 2. The offenders formed a band for the purpose of committing any or all the following; *Highway Robbery *Kidnap Person for ransom *Attain any other purpose through force and violence *There is a preconceived or intended victim
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It is committed by any persen, who with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.
theft
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Elements of Theft:
1. The Personal Property belonging to another 2. The personal Property is take with intent to gain 3. The taking is without the owner's consent; and 4. Absence of or without violence or imtimidation of person or force upon things.
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FOUR MODES OF THEFT
1. Asportation 2. Lost property 3. Damaged property 4. Hunting or gathering
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he carrying away of someone else's property that is an element of larceny.
Asportation
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the perpetrator finds a lost item/property and failed to deliver the lost property to the owner.
lost property
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malicious damage of property of others, and he removes the fruits of the damage caused by him.
Damaged property
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enters enclosed estate without any consent of the owner to hunt or fishes or gathers crops without permission.
Hunting or gathering
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it is the occupation of real property belonging to another person by means of violence or intimidation. It is punishable under________________. these includes altering boundaries or landmarks.
usurpation the RPC under Art 312.
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This offense is committed when a debtor absconds with his property, or real or personal, to the prejudice of his creditors.
culpable insolvency
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is also known as _________ is an act of defrauding another person by unfaithfulness or abuse of confidence, deceit or fraudulent acts; and fraudulent means.
estafa Swindling
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Is a swindling that is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme.
syndicate estafa
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Is a conditional sale of personal property as security for the payment of a debt, or the performance of some other obligationspecified therein.
Chattel Mortgage
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the act or offense of intentionally damaging or destroying another's property (as from feelings of ill will) compare vandalism.
malicious mischief
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the act of making or drawing and issuance of a check without sufficient funds or credit (BP 22, 2979, Sec. 1).
Bouncing check
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willful or malicious destruction or defacement of public or private property.
vandalism
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Culpable insolvency is also known as ________
fraudulent insolvency
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Is the taking away by any means, methods or scheme, without the consent of the owneriratser, or any of the above animals (cow, carabao,horse, mule or other domesticated member of the bovine tamily)
cattle rustling
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is the act of any person, who, with intent to gain, for himself or for another shall buy, possess, keep, acquire, concealed, sell or in any other way, deal on any articles, items, objects, or anything of value which he knows to have been derived from the proceeds of crime or robbery or theft
anti-fencing
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includes any person, firm, organization, association or corporation or partnership and other organization who/ which commits the act of fencing.
fence
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Art 267
anti kidnapping and serious illegal detetion
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Important element of art 267
That the kidnaps or detains another, or in any other manner deprives the latter of his liberty;
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the official inquiry made by the police on the facts and circumstances surrounding the death of a person which is expected to be unlawful.
Homicide investigation