Chapter 3 : Investigations

Introduction

The constant process of criminal investigation in which the police are engaged necessitates the use of all means and methods which will provide it with the necessary information to enable it to take effective administrative and legal measures.

The interests of the people and internal security (crime prevention and detection) make the obtaining of this information necessary. The police need information to find out the facts and verify them.

Allah says in the Hly Quran:

'Have sought out (the path) of aght conduct. "

Also we refer to the Hadith of the Prophet (s) (Peace andptrayersbe upon him):

Expect the 'Night of Destiny' (the most Holy night) in the last ten of Ramadan "

Definition of Investigation

We can define 'investigation' as follows:

Linguistically, it means a search for the truth.

As a term, it means the inquiry process undertaken by the criminal investigator in search of information; or deductions made in secret or publicly to enable him to take the necessary administrative orjudicial measures in executing his duties.

In law, the definition focuses on the legal procedures taken by the authority charged with the investigation. This definition is directly concerned with the criminal case. This investigation is the process of verifying the suspicion of a crime, or later, after matters have proceeded to a criminal case, revealing the crime and supporting the allegations presented in the case in accordance with the provisions ofArticle (5) of the Sudan Code of CriminalProcedures 1991.

Purposes of the investigation
1. Obtaining information that could prevent, halt or uncover a crime
2. Obtaining information on matters which might damage public or state security
3. Obtaining information about non-criminal events
4. Obtaining information about suspect places or suspect persons
5. Verifying the information provided by agents, or else finding grounds for terminating their services
6. Obtaining information about persons whose applications for official documents (business; licence; identification documents) require ethical and moral investigation
7. Paving the appropriate way for further police operations such as surveillance, searches or arrests
8. Surveillance of a place or an area to assess its involvement in a specific case
9. Maintaining confidence and calm in the community.
Types of Investigation

Investigations vary according to the purpose and goal, and can be divided into the following with regard to their object:
1. Investigations of persons
  Investigating suspects in order to assess their behaviour or their activities in order to prevent an anticipated offence or detecting a crime that has taken place.
  
  Here the aim of information is collecting data in order to establish evidences against them, or collecting information about persons who might benefit from conditioned information about them.
2. Investigations about places and objects
  Here investigation concentrates on a suspect place which has been or might be the scene of a crime; or its habitu6s or the persons who use it (in the case of means of transport). This also includes objects that might have a connection with a case under inquiry.
3. Investigation about incidents
  Investigation about crimes committed at a specific time and place may take the following form:
  - Immediately moving to the scene of the incident
  - Conserving material evidences found at the scene of the crime
  - Investigating the offender, the victim and any witnesses as soon as possible
  - Asking the familiar questions: What - Where - When - How - Who? to get an overview of the measures to be undertaken
Characteristics of Investigation Personnel

To begin with, a person who is to assume an investigation must be theoretically qualified and personally prepared to master the theory of investigation. After this, the operations and tasks he undertakes will add general experience as a practical application of his theoretical knowledge.

Investigations vary in number and type in respect of their administrative and criminal aspects, and no one is ever identical to another. This is well known and understood by jurists, and has been proved over time.

Nevertheless an investigator must possess certain characteristics and abilities that qualify him to exercise the varied and complex tasks. He should:
1. Be honest, discreet, upright and loyal
2. Be knowledgeable about laws and their applications
3. Be highly disciplined
4. Be experienced in the arts of his profession
5. Be respected, with a strong, influential character that exudes reassurance and reliability.
6. Be able to show flexibility in reaction to situations and crises as they arise
7. Have some knowledge of technical support
8. Be a good observer and able to give precise descriptions
9. Have knowledge of the geographical details, the customs and traditions of the various communities living in the area
10. Have a good ability to investigate and draw deductions from information.
11. Possess a sound level of intelligence and a quick mind
12. Have patience and the ability to withstand stress
Investigators

Agents work within limits, but criminal investigators pursue any path which can provide the information they need, within the means and methods available to them. However, there are major sources which the criminal investigator must consult to get the information. Some of these are:
1. Recorded Information
  Some authorities, by the nature of their function, keep registered information about persons, buildings or other matters. Some of these are the authorities responsible for keeping the civil register of persons; the register of movable or fixed properties (traffic or land authorities); migration records; identity verification (fingerprints); sea, land and air ports; hospitals; and so on. One of the important information registers is that kept in police departments relating to criminal statistics and the various criminal records and registers.
  
  There are other unofficial bodies, such as associations, trade unions, companies, certified accountants and private services. Information kept and registered by these bodies is very important and may be the starting point of any criminal inquiry. However, such information cannot be taken for granted, as many things change.
2. The Public
  
  A good relationship with the public is one of the secrets of success of the criminal investigator. Through his interaction with the public in all walks of life and cultures, his impartiality in enforcing the law, and his knowledge that the freedom of an individual, within its limits, must be allowed to him, the investigator must remember that his work is to serve the public. The public must acknowledge that service and appreciate it.
  
  He will then find that the information he needs to uphold the law is in the hands of the public.
  
  The public is a mine of information about criminal events that have taken place or are being planned. Individuals of the public should collectively feel the need to help the criminal investigator in his tasks, particularly when they have confidence in the efficiency and effectiveness of the criminal investigation units.
  
  The public is the context in which events take place and through which information flews. It is an indispensable agent for the criminal investigator.
3. Agents
  We have pointed out the importance of agents. They are individuals who are recruited or who voluntarily offer to provide information. Sometimes they are essential, especially when they provide information from within the gangs or criminal groups.
4. Scene of the crime
  The scene of the crime is an essential source of evidence, when the investigator collects and keeps the material evidence found there or nearby. This is the appropriate starting-place for the investigation process of tracing the offender, the victim, the motives and all relevant matters.
Means and Methods of Investigation

In the persistent search by the criminal investigator for information, the means and methods are innumerable, depending on the place and time of the crime and the outcomes of the events under inquiry. However, it is necessary to briefly mention some means in particular:
1. Surveillance
  This is one of the basic means of investigation; we have already discussed it in detail.
2. Interrogation
  This is the method of posing questions to a certain individual to obtain specific information. Interrogation may take a direct form or an indirect form under a certain cover of secrecy. It requires a quiet location, concentration and full understanding of the subject and the nature of the person being interrogated. It is a means which the criminal investigator is obliged to undertake in the absence of alternatives, such as agents and surveillance, for if secret interrogation is discovered it will damage the process of investigation. It is dangerous as it is conducted directly with the target.
3. Disguise
  Because criminal investigators act in order to prevent crime, not to commit it, all steps they take in an investigation are permissible, including disguise. If a criminal investigator is to be unobtrusive in a certain situation, he may need to make some alterations and changes in his personal feature and his attributes. This is known as disguise. It is divided into two types:
  
  Natural disguise
  1. Temporary natural disguise. The criminal investigator changes his way of talking or walking, pretends to be deaf or mute, and so on.
  2. Extended natural disguise. The criminal investigator has to integrate himself into a community and adopts their conduct and customs; for example he may be amongst fishermen, or factory workers or amongst workers of major companies or institutions, and the like.
  Artiflciai disguise
  The investigator changes his features and appearance by external means; there are two types:
  1. Temporary artificial disguise. He changes his way of dress or hairstyle or marks his face.
  2. Permanent artificial disguise. The investigator undergoes a surgical operations to remove some marks and change his appearance.
  Disguise is usually a method adopted by the criminal investigator. On the other hand, it is also adopted by some offenders as camouflage for the purpose of committing a crime or for escaping.
  
  Generally, crime investigators undertake disguise in a very conservative way. In the Sudan we have not reached the stage in which we need to alter our physical appearance and our bodies by means of a surgical operation. Nevertheless, some slight attempt at disguise is undertaken here and there. It achieves results and is mainly the personal initiative of an individual investigator, as dictated by the circumstances of his particular case and his nature.
4. Technical means
  Some information can only be obtained by using modern technological methods. At their best, however, these are only a tool, as they have to be operated by man.
  
  Nevertheless, appliances allowing eavesdropping and photographing, such as telescopes and surveillance cameras, have been highly developed, to the extent that monitoring and surveillance may be undertaken by satellite.
  As the world makes rapid advances in technology and modernisation, crime also becomes more complicated and sophisticated. So it is essential to use modern high-tech means and methods in the process of investigation.
5. Reconnaissance
  This does necessarily apply to the scene of the crime, but it is a preparatory process undertaken by field investigators to identify a building, a place or an object in preparation for taking subsequent further action, such as surveillance, searches or arrest. It is executed after secret planning and may be undertaken under cover.
  
  Stages of reconnaissance
  1. Working out the plan, according to the purposes of the reconnaissance
  2. Execution of reconnaissance
  3. Assessing the outcomes of the reconnaissance
  How to execute the reconnaissance
  1. General study of the location of the area (entrances; exits; customs of the people; social class of people) - this is called the outer circle of reconnaissance.
  2. Identifying the reconnaissance circle in order to limit the reconnaissance to known occupants and main and side entrances and deciding how to execute the breaching of the reconnaissance circle, and fixing the points to be guarded (this is called the middle circle of reconnaissance).
  3. Fixing on the points to be guarded. This circle must be in full view and must be studied in detail - this is called the inner circle of reconnaissance or the target circle:
    - Entrances and exits in the wall
    - Points along the wall (weaker positions; stronger positions; height; and so on)
    - The internal building and its details
    - Identifying positions for entering or breaking in and the possibility of escaping (internal circle)
  4. Drawing a graph of the reconnaissance information in order to make it easy for executors of any police operation to study
  5. The final report of the reconnaissance must be clear, must include all necessary elements and must be characterised by:
    - Clarity : every single piece of information or part of the drawing must have a clear and obvious meaning.
    - Precision : the situation must be described in precise detail.
    - Effectiveness : the information must fulfil the required purpose.
    - Objectivity : concentration must focus on the place and the target about which information is to be collected.
    - Good timing: it should be presented at the right time, as the case dictates.
    The report may be accompanied by visual information, such as photographs or a video.
6. Information Targeted by the Investigation
  Any crime involves events and persons, so there is basic information targeted by any investigation aimed at detecting and uncovering these events or persons involved in a crime. This information includes:
  
  Thorough answers to the five "W" questions
  We have already referred to these five questions: (What; Where; When; Why; Who?)
  
  information connected with the events of the clime
  1. What happened?
    The crime that took place - what type of crime is it? What is its legal classification?
  2. Where?
    Where did the crime take place? Identify the location in which the crime was committed; give detailed information (entrances; exits; occupants; social status; contents; lighting; etc.). A draft map should be made of the place, and it may be photographed by experts in criminal photography.
  3. When?
    When did the crime take place? This includes the exact hour and minute of the day or night; weather conditions, and all relevant details.
  4. Why?
    Why was the crime committed? This is the investigation of the motives that led to the commission of the crime and also includes the method and style of the criminal who executed the crime, the means used, stages of the crime (planning, preparation, execution) and the context of each stage.
  5. Who?
    Who is the offender? Who is the victim? The second part of the question must be given due consideration, and it requires further investigation into the participants and collaborators (planning; preparation; execution) and the victim.
    Sometimes sufficient evidence to complete the picture of the crime can be established by tracing the offender and the victim and identifying them through investigation undertaken at the spot and from testimony of witnesses and reports by experts (trackers, dogs, etc.). When such information is insufficient, the investigation begins for collecting information about both offender and victim in order to arrive at the truth of the crime.
  lnformation relatng to the persons involved in the crime
  
  This includes all persons connected with the crime in question, whatever the connection may be, direct or indirect, major or minor, and obtaining information about these persons. This represents the second cornerstone of obtaining proof. Persons can be classified as follows:
  1. Plaintiff or person who reported the crime
  2. Victim
  3. Offender
  4. Witnesses
  5. Collaborators in the crime at different stages (planning, instigating, execution, cover-up, etc.)
  Before the investigation, the information about these people must be classified for analysis in order to determine the connection and role of each one of them to the crime before, during and after it took place. We can give a template of the information to be provided in respect of the link of an individual to a certain offence in order to facilitate the process of analysis:
  1. Identification documents
  2. Full name and nicknames
  3. Race or tribe
  4. Age
  5. Religion
  6. Occupation
  7. Place of residence
  8. Qualifications
  9. Marital status
  10. Customs, behaviour and conduct
  11. Hobbies
  12. State of health
  13. Marital status
  14. General appearance
  15. Travels
  16. Properties
  17. Points of weakness
  18. Social and political activities
  19. Friends, enemies, relatives and companions
  20. General reputation
  21. Social circumstances
  22. Link to religious teachings
  23. Cultural and ideological influences
  24. Source of income and way of earning a living
  25. Relationship with the other collaborators in the crime
  26. Relation to the motives of the crime
  27. Motives for committing or collaborating in the crime
  This template of information about the person who is linked to the offence only supplies headings, which should be expanded and varied according to the offence under inquiry. Any single item may be expanded by means of details leading to further investigation. For example, his social relationships with family and friends may be the subject of further enquiry; perhaps his points of weakness such as alcoholism or drug addiction or gambling might be the causes of, or have a link with, the crime under inquiry. His identification documents (such as his passport) may have a link with the crime,-either indicating his travels or movements, or because it has been forged. His way of earning a living may be the cause of or have a link with the crime under enquiry. In all these cases further investigation will subsequently follow.
  
  The investigation should be carried forward in this way by completing the full particulars on this form. This is one of the keys areas of crime detection, focusing on the persons involved in the crime. (Note that the persons in the crime are not only the offender and the victim; the witness sometimes becomes a key player, and his particulars must be filled in when he has a direct link with the crime. He provides some of the essential clues to the details of the crime and the five W questions. Information to be included in the investigation must be complete in all particulars and items; this also applies to the collaborators in the crime.
  
  We cannot, however, dictate the exact form which the investigation process should take for obtaining information about the persons involved in the crime, as the circumstances of each crime will direct the investigation process and steer it towards the purpose of the investigation.
7. Common Mistakes of Investigators
  Common mistakes committed by criminal investigators can be summarised as follows:
  1. Inaccuracy of investigation through dependence on unreliable agents, or through a lack of detail which would clarify the information and remove ambiguity (such as stating: that a suspect has a bad reputation without presenting evidence).
  2. Depending on one single agent who then gives unverified information. This is a complex issue and should be left to the discretion of the criminal investigator, but the use of several agents always gives a better chance of reaching the correct conclusion.
  3. Selecting and adopting an inappropriate method, for example adopting surveillance when it would be preferable to use an agent, or practising external surveillance when what is required is information from inside a building on events taking place inside.
  4. Lack of security in the investigation, which leads to leakages of information and reveals its purpose, which will subsequently lead to the failure of the investigation.
  5. Completing investigation by mere deduction, which may be either right or wrong. The investigation should be completed in an appropriate manner to avoid failure.
  6. Finally, the investigator should concentrate on taking the measures legally permitted to him and adhere to legitimate procedures in all investigation processes. He has the authority to execute his task only in accordance with the law, using the methods and the means of reliable investigation but keeping within the law, particularly when using those methods pertaining to personal freedom and privacy.
Overstepping this rule could lead not only to failure, but also to further damage or harm to him or his subordinates, rendering them liable for administrative or criminal interrogation. Moreover, justice would be jeopardised, as the criminal would not be arrested and the rights of individuals would suffer, as the damage caused by incorrect methods of enforcing law can sometimes be more serious than that caused by the crime under investigation.

Conclusion

Investigation is one of the methods on which police base their operations for the purpose of finding out the truth and carrying out their legal and administrative duties, executing justice and maintaining the overall security for the community. Investigation has no fixed pattern but varies in different communities and cultures and with changing circumstances.

The ideal to which criminal investigators must adhere is that they represent the decisive factor in maintaining overall security in the community. They do this by being aware of changes and adapting to them, always in a race against time, and by exploiting all the personal qualities and talents given to them by God, who made them guardians of the right for his sake in an unceasing endeavour. The watchful, vigilant eye and the strong, pure hand should always recall to them the Hadith of the Prophet (s) /Peace and prayers be upon him/ that the reward is a rescue from Hell. They are at the level of that worshipper who cries and weeps from fear of God; they are guarded by their conscience that is linked with God.
Criminal investigators are strong on the side of the weak; they give him back his power. They are strong against the strong; they take from him the power, and are thus on the path of Omer (the Arbiter) - may God bless Him.

The field investigator, when aware of his legal duties and powers (to him and for him), will achieve good deeds. He will protect the good and will denounce and prevent evil deeds and wrongdoers in order to achieve the Community of the Message refuting multiple gods and embracing the belief of only one God, the community of "No God but Allah".

Words of deeds of the Prophet or what he approved concerning deeds, saying or act of others

Foot Notes

Surte al-Jinn verse no. 14.
The ninth month of the Islamic calendar.