Types of Actions in Investigation

Determining Who the Reporter or Complainant Is

Usually, to determine who the reporter or complainant is in a criminal case, it can be determined through who comes to the police station to complain or report an event that is suspected to be a criminal event.

Determining What Event Was Reported

To determine whether an event is a criminal event or not, it is necessary to conduct an investigation to collect certain information from various parties who are considered to understand because they saw, heard and experienced the event directly. If all the necessary information has been collected, then the next step is to find a legal basis that can be used to ensnare the perpetrator according to the crime he committed. The next process is to take legal action in the form of an investigation to fully uncover the criminal event by referring to the times or information in sequence about the criminal event.

Where Did the Event Happen

This action is to determine the place where a criminal event occurred (locus delictie). In addition, locus delictie it is also important to determine which police, prosecutor's office and court are authorized to handle a case (relative competence). The provisions regarding locus delictie are contained in Articles 2-8 of the Criminal Code. 4) When Did the Event Happen Tempus delictie is an effort to determine the time of the criminal event and in determining the time of the incident it must be reasonable and easily understood by anyone. Theory tempus delictie is very important in the application of criminal law. This is related to:

  1. Whether an act is prohibited and threatened with criminal sanctions at that time (Article 1 of the Criminal Code).
  2. At that time, could the defendant be held accountable (Article 44 of the Criminal Code).
  3. At that time, was the defendant 16 years old (Article 45 of the Criminal Code).
  4. When did the act actually occur.

Theory tempus delictie consisting of 4 variations:

  1. Theory of physical act (de leer van de lichamelijke daad), which states that the time of the crime is when the offense was committed by the suspect.
  2. Theory of the operation of the tool used (de leer van het instrumen), which explains when a tool used to commit a crime works, such as poison and bombs. 3. Theory of consequence (de leer van het gevolg), which explains that when a crime occurs is seen from when the consequences of the crime arise.
  3. Theory of multiple times (de leer van de meervoudige tijd), which explains when a crime occurs based on physical acts and the resulting consequences.