FUNDAMENTAL RULES OF INTERROGATION Report (Autosaved)

FUNDAMENTAL RULES
OF INTERROGATION
OBJECTIVES!!
• The main purpose of a police interrogation is to obtain a
confession and to come to the objective truth, or other
critical information about the crime. From an interviewed
suspect, who is subject of interrogation. Subject of
interrogation are often suspects involved in crimes.
INTERROGATION
• Interrogation  is the skillful questioning of

a person of a person who are uncooperative
in the conduct of investigation, or those who
are reluctant to divulge information in his or
her possession which are pertinent in the
conduct of investigation
BASIC FUNDAMENTALS RULES
• The provision of section 12, Article III of the 1987

constitution, and the provisions of R.A No, 7438 entitled
An act defining certain rights of a person arrested,
detained or under custodial investigation, as well as the
duties of the arresting, detaining, and investigating
officers, and providing penalties for violations thereof,”
INVESTIGATOR SHOULD OBSERVE THE
FOLLOWING:
1. Identify himself or herself to the suspect as a law
enforcement officer; this is done orally, together with a
show of credential;
2. Explain to the suspect in general terms the nature of the
offense under investigation;
3. Inform the suspect of his or her wish to question him or
her on matters relating to the offense; and
ADVISE THE SUSPECT OF HIS OR HER RIGHTS,
SUBSTANTIALLY IN THE FOLLOWING TERMS:
a. You have the right to be assisted; you do not have to answer any questions;
b. You have the right to be assisted by an independent and competent counsel preferably of
your own choice;
c. If you cannot afford the services of a counsel, and if you want to be assisted by a lawyer
this office shall provide you with a lawyer free of charge;
d. That anything you say can be used as evidence against you in any court of the law ;
e. Do you understand your rights as I have explained to you, such as the right to remain
silent and the right to be assisted by a counsel; and
f. After explaining your constitutional rights, are you still willing to give a free and
voluntary statement of the facts of the case being investigated?
PROCEDURES IN INTERROGATION
1.The suspect may choose to remain silent.

2.The suspect may request a legal counsel.
3.The suspect may waive his or her rights.
MATTERS NOT AFFECTED BY THE RULES
• The warning must be given when the individual is

first subjected to police interrogation while into
custody at the police station, or while otherwise
deprived of his or her freedom in any way. Thus,
the court’s ruling does not affect other modes by
which information has been in no way restricted
by the police
1. CONFESSION WITHOUT WARNING
• Instances:
a) Any statement given freely and voluntarily, is of course admissible
as evidence
b) There is no requirement that the police stop a person who enters the
station and states that he or she wishes to confess a crime;
c) Similarly, there is no requirement to shop a person who calls the
police to offer a confession; and
d) Volunteered statements of any kind are not barred by the
constitution and other statues, and their admissibility is not affected
by the statutes.
2. DURING FIELD INVESTIGATION
• Investigation may include:

a) Inquiry of persons not under restraint;
b)General on-the-scene questioning as to facts
surrounding a crime; and
c) Other general questioning of other persons in the
fact-process.
TERMINOLOGIES IN INTERROGATION
• For the purpose of simplifying the practical aspect of
interrogation special meanings will be attached to some of the
terms used. It should be understood that these conventions are
not universally accepted in the field of criminal investigation.
They are:
1. Witness
2. Suspect
3. subject
PURPOSE OF INTERROGATION
1) To obtain information concerning innocence or guilt
2) To induce the subject to make admissions
3) To learn the facts and circumstances surrounding a crime
4) To learn the identity of the accomplices
5) To develop information that will lead to the fruits of the crime
6) To discover the details of any other crimes in which the suspect has participated
CONCLUSION
Quality interrogation is an essential ingredient of any investigation. Unfortunately it
also happens to be the most neglected aspect of any investigating process owing to
certain extraneous considerations. Firstly the Interrogator himself is a tearing hurry
to claim the kudos for the speedy results. Equally responsible is the media, both
print and visual who it appears, at times, suffer from the “breaking news
syndrome”. Public too could be blamed who suffer form the insatiable appetite for
instant results. All these infirmities adversely affect the investigation which result in
the miscarriage of justice since any faulty investigation can never withstand the
judicial scrutiny by a court of law.
And, the main purpose of a police Interrogation
is to obtain a confession and to come to the
objective truth, or other critical information
about the crime, from an interviewed suspect,
who is subject of interrogation.

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FUNDAMENTAL RULES

• Interrogation  is the skillful questioning of

• The provision of section 12, Article III of the 1987

1.The suspect may choose to remain silent.

• The warning must be given when the individual is

• Investigation may include:

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