問題一覧
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is responsible for the apprehension of offenders
POLICE
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is responsible for the prosecution of cases in favor for the government
PROSECUTOR
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defined as the legal process of capturing a person suspected to have committed a crime.
APPREHENSION
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means feasible and presentable
GOOD CASE
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may help in locating physical evidence
No tracing evidence
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no possible witness or the crime scen is uninhabited.
Unavailability of investigative leads
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Evidence is destroyed – complainants or victim are no longer interested to file criminal actions either by afraid or no interest at all.
unwilling victims and complainants
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investigators and prosecutors functions is different, however, they need to work as one as they have one common purpose which is the success of the case.
Interdependence
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Department of Interior and Local Government
PNP
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Department of justice
Prosecution agencies
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Prosecution Agencies: Sakop neto
1.National Prosecution Service 2.Office of Ombudsman 3. Office of Solicitor General 4. Office of Regional State Prosecutor 5.Office of Provincial Prosecutor 6.Office of City Prosecutor 7..Public Attorney Office (PAO)
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Refers to the lack of proper communication between agencies and parties.
Poor Coordination
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arrest of the perpetrator without proper charges filed.
Case Attrition
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the prosecutor usually lack information with the officer who has the knowledge regarding the case as there is a poor coordination between the two, or, difference in the working hours.
Difference in the appreciation of the case
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Feasible + Presentable = Process of building a good case.
case build up
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the court can provide judgment in the case.
presentable
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possible for investigation
Feasible
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Is a terminology that refers to all crimes committed through cyberspace done with the aid of a computer or any digital devices capable of sending, receiving, transmitting, recording or storing computer data.
Cyber crime
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Refers to communications made through digital devices in the virtual environment.
Cyber space
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It is The communication is not done physically but rather with the aid of digital technology
virtual environment
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Refer to any devices such as but not limited to computers, cellphones, smartphones and other devices that can send, receive, transmit, record or store computer data.
Digital technology
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It refers to anything stored in the memory of the computer software
Computer Data
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Technically, it is a device that can perform various functions depending upon the instruction that can be performed by the given software and hardware embodied therein.
Computer
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Is defined as the process undertaken by the forensic computer investigator and forensic computer examiner to uncover the elements of the offense committed which are directly or indirectly contained in the digital devices and which are necessary for the prosecution of criminal cases.
Digital investigation
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Is a generic term referring to all devices capable of performing multiple functions such as storing, sending, and receiving electronic data.
Digital Device
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It means as any data or information stored through electronic means.
Electronic Data
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Is the one in charge with the search an seizure of digital devices suspected to contain the fruit of the crime and the filing of criminal charges and will assist the prosecutor in the prosecution of cases.
forensic computer investigator
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It is the one responsible for the actual examination and recovering of the electronic data contained in various devices and preserve it for court presentation.
FORENSIC COMPUTER EXAMINER
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EXAMPLES: The center of the investigation is the electronic data stored in the different digital devices.
1. pornographic materials 2.audio or video scandal 3.text or chat messages 4.video calls, or communication between illegal transactions.
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Cyber offenses needs the same court order. Any evidence searched and seized without proper court order are deemed inadmissible in court as they are.
fruit of the poisonous tree
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Refers to an order in writing issued in the name of the People of the Philippines, signed by the judge, upon application of law enforcement authorities to:
Court Warrant
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Issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/her possession or control. This is done to aid the progress of investigation, service provider ma refer to globe, smart or etc.
1. Warrant to Disclose of Computer Data (WDCD)
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It is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to issue an order to disclose and accordingly, require any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/her possession or control.
Warrant to Disclose Computer Date
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s an order in writing in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to carry out any or all of the following; Listening to; Recording; Monitoring
2. Warrant to Interception of Computer Data (WICD)
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It is an order in writing in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search, seize and examine computer data and all other related items thereto.
3. Warrant to Search, Seized and Examine Computer Data (WSSECD)
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It is an order in writing in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to examine computer device or computer system for the purpose of obtaining for forensic examination the computer data contained therein. If interception Is likewise needed, it can be done during the life or effectivity of WECD.
4. Warrant to Examine Computer Data (WECD)
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Effectively of all warrants shall not exceed _______ from the date of its issuance Extension for a period of not exceeding _______ from expiration of the original period and upon justifiable reasons only
10 days
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after all items seized by virtue of WDCD, WICD, or even digital devices obtained as a result of search and seizure after a lawful arrest
shall not be examined unless there is a WECD
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all law enforcement authorities who fails to timely file the returns of the issued warrant or to duly turn over to court’s custody any of the items disclosed, intercepted, search, seized, and/or examine as prescribed shall be subjected for contempt.
contemp
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any person or service providers who fails to comply with the order from law enforcement authorities shall be held liable for obstruction of justice as defined under Presidential Decree 1829.
obstruction of justice