Basic principal of Investigation

•Basic Principles of Investigation

•Investigation: 

The action of investigating something or someone; formal or systematic examination or research. 

•Investigation as Applied Science

•Criminal investigation is an applied science that involves the study of facts, used to identify, locate and prove the guilt of an accused criminal. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservation and various methods of investigation. Modern-day criminal investigations commonly employ many modern scientific techniques known collectively as forensic science. 

•Investigation an Ancient Science

•Criminal investigation is an ancient science that may have roots as far back as 1700 BC in the writings of the Code of Hammurabi(Oldest Law). In the code it is suggested that both the accuser and accused had the right to present evidence they collected. In the modern era criminal investigations are most often done by government police forces. Private investigators are also commonly hired to complete or assist in criminal investigations.  

•Who has power of investigation in K.S.A Under Art.27 Cr P C

•The proceedings relating to criminal investigation shall be conducted by the following persons, each within his jurisdiction:

•(1) Members of the Bureau of Investigation and Prosecution within their jurisdiction.

•(2) Directors of police and their assistants in the various provinces, counties, and districts.

3) Public security officers, secret service officers, passport officers, intelligence officers, civil defense officers, prison directors and officers, border guard officers, special security forces officers, national guard officers and military officers, each in accordance with their specified duties with respect to crimes committed within their respective jurisdictions.

4) Heads of counties and chiefs of districts.

5) Captains of Saudi ships and airplanes, with respect to crimes committed on board.

6) Heads of centers of the Bureau for the Promotion of Virtue and Prevention of Vice, with respect to matters falling within their jurisdiction.

7) Employees and other individuals who have powers of criminal investigation pursuant to special regulations.

8) Entities, commissions and other persons who have been assigned to conduct an investigation pursuant to the regulations.

•Duties of I.O as per Cr. P. C

•Criminal investigation officers shall, each within his jurisdiction, accept notifications and complaints communicated to them with respect to all crimes, conduct the investigation, collect relevant information in the form of records that shall be signed by them, summarize and date the same in a special register, and promptly notify the Bureau of Investigation and Prosecution. The criminal investigation officers shall move to the crime scene to maintain its integrity and seize all that may be relevant to the crime, reserve evidence, and take whatever action required under the circumstances. He shall enter these matters in the special register.

•A criminal investigation officer may not enter or search any inhabited place except in the cases provided for in the laws, pursuant to a search warrant specifying the reasons for the search, issued by the Bureau of Investigation and Prosecution. However, other dwellings may be searched pursuant to a search warrant, specifying the reasons, issued by the Investigator. If the proprietor or the occupant of a dwelling refuses to allow the criminal investigation officer free access, or resists such entry, he may use all lawful means, as may be required in the circumstances, to enter that dwelling.A dwelling may be entered in case of a request for help from within, or in case of a demolition, drowning, fire, or the like, or in hot pursuit of a perpetrator.

•A criminal investigation officer may search the accused where it is lawful to arrest him, which may include his body, clothes, and belongings. If the accused is a female, the search shall be conducted by a female assigned by the criminal investigation officer.

•No search shall be conducted except for the purposes of searching for items relevant to the crime being investigated or for which information is being collected. However, if such search incidentally reveals unlawful material the possession of which is unlawful or any evidence associated with any other crime, the criminal investigation officer shall collect such evidence and a note to that effect shall be entered into the record.

•The Investigator alone may peruse the mail, documents, and any other seized items and may listen to any recorded material. He may issue orders that any such material, or copies thereof, be kept in the file of the case or returned to its former owner or to the addressee.

•The Investigator and whoever obtains information about the articles and documents seized shall keep the same undisclosed, and shall not make use thereof in any way or otherwise disclose the same to a third party, except in circumstances required by the law. In case he unlawfully discloses or makes use of the same by whatever means, he shall be held accountable.

•Search Record Documents

•The search record shall include the following:

•(1) The name of the officer who has conducted the search, his title, date and time of the search.

•(2) The text of the search warrant or an explanation of the urgency that necessitated the search without a warrant.

•(3) The names and signatures of the persons who were present at the time of the search.

•(4) A detailed description of the seized items.

•(5) Declaration of any action taken during the search and those taken with respect to the seized items. 

•Confidentiality about Information

•Confidentiality is required for effective investigation and other appropriate action in cases of alleged wrongdoing. Confidentiality is in the interest of the Organization, investigation participants and the subject of the investigation. Information will only be disclosed as required by the legitimate needs of the investigation. The requirement for confidentiality extends equally to investigators, management, staff members and other personnel, investigation participants, and investigation subjects.

•Investigation Standards

The General Principles set out in the “Uniform Principles and Guidelines for Investigations include the following:

•The purpose of an investigation by the Investigative Office is to examine and determine the veracity of allegations of corrupt or fraudulent practices as defined by each institution.

•The Investigation Office shall maintain objectivity, impartiality and fairness throughout the investigative process and conduct its activities competently and with the highest levels of integrity.

•The staff of the Investigative Office shall disclose to a supervisor in a timely fashion any actual or potential conflicts of interest.

• Appropriate procedures shall be put in place to investigate allegations of Misconduct on the part of any staff member of an Investigative Office.

•The Investigative Office shall take reasonable measures to protect as confidential any non-public information associated with an investigation.

•Investigative findings shall be based on facts and related analysis, which may include reasonable inferences.

•The Investigative Office shall make recommendations, as appropriate, in its investigative findings.

• All investigations conducted by the Investigative Office are administrative in nature.