REPUBLIC OF THE PHILIPPINES
CAGAYAN STATE UNIVERSITY
CARIG CAMPUS
Carig Sur, Tuguegarao City, Cagayan
www.csu.edu.ph
CRIMINAL JUSTICE SYSTEM
CRIMINAL
(SOCIOLOGICAL AND LEGAL)
EXAMPLES: (CAMBRIDGE DICTIONARY)
Today’s problem child may be tomorrow's criminal.
The police officer told the criminal that he had the right to remain silent.
If you spend any time in prison, you’re labeled as a criminal for the rest of your life.
Many of the country's toughest criminals are held in this prison.
Many people argue that allowing a criminal to go free is then at imprisoning an innocent person.
CRIMINAL the principal character in the processes conducted by the five pillars any person who
has been found to have committed a wrongful act in the course of the standard judicial processes
JUSTICE
- is defined as rendering to others what is due to them.
- It is the conformity of our actions and our will to the law.
- the quality of being fair or just or the basis in morality, the right, or the law. the quality of
being just, impartial, or fair
- fair, just, or impartial legal process
CRIMINAL JUSTICE SYSTEM
- It refers to the agencies of government charged with enforcing the law, prosecuting
crimes, convicting or acquitting criminals, correcting criminal standards, and providing
assistance to reformed criminal offenders in their return to normal life in the community.
- As a system, the Criminal Justice System is the machinery that society uses in the
prevention of crime. The process is the totality of the activities of law enforcers,
prosecutors, defense lawyers, judges, and correction personnel, as well as those efforts
of the mobilized community in crime prevention and control.
LAW ENFORCEMENT
- the action or activity of compelling observance of or compliance with the law.
- is the activity of some members of government who act in an organized manner to enforce
the law by discovering, deterring, rehabilitating, or punishing people who violate the rules
and norms governing that society. The term encompasses police, courts, and corrections.
These three components may operate independently of each other or collectively, through
the use of record sharing and mutual cooperation.
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ARREST (TO STOP)
- An arrest is an act of apprehending and taking a person into custody (legal protection or
control), usually because the person has been suspected of or observed committing a
crime. After being taken into custody, the person can be questioned further and/or
charged.
- An arrest is a procedure in a criminal justice system, sometimes it is also done after a
court warrant for the arrest.
- Arrest can be done by means of a WARRANT OF ARREST AND WITHOUT WARRANT
- Arrest implies the apprehension of someone, by the police for the alleged commission of
a crime, which results in the deprivation of his/her liberty in accordance with the law. So,
the arrester controls the liberty of the arrested person.
- Further, the arrested person can be released on bail, only when the offense is bailable.
Important: When the police arrest a person, the grounds of arrest must be told to him/her.
DETENTION
Examples
- Cops detain Mr. A on suspicion that he smuggles opium.
- Police stopping a person, whose behavior is suspicious, in connection with a bank
robbery.
ARREST
Examples
- The arrest of a person for drinking and driving.
- Police arrested a person who is convicted of hit and run
DETENTION (ARBITRARY/ILLEGAL) – is a temporary custody period before the trial or hearing,
followed by arrest or the decision of the judge or any other legal authority.
- Temporary in nature
- Detention of a person takes place when the officer in charge believes that he/she has
broken some law, but does not have sufficient proof or evidence to warrant arrest. Hence,
it is based on suspicion that the detainee is personally involved in criminal activity and it
should be in accordance with the law.
PURPOSE OF DETENTION: To ensure that the detainee does not cause harm or pose a threat
to society.
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- Arbitrary detention is the violation of the right to liberty. It is defined as the arrest and
deprivation of liberty of a person outside of the confines of nationally recognized laws or
international standards.
ART 124 OF THE REVISED PENAL CODE
Q: What are the elements of the crime of arbitrary detention?
1. An offender is a public officer or employee
2. He detains a person
3. Detention is without legal grounds.
Q: When is a person considered in detention?
A: A person is detained when he is placed in confinement or there is a restraint on his person.
Q: Can there be arbitrary detention even if the victims are not kept in an enclosure?
A: Yes. The prevailing jurisprudence on kidnapping and illegal detention is that the curtailment of
the victim’s liberty needs not involve any physical restraint upon the victim’s person. If the acts
and actuation of the accused can produce such fear in the mind of the victim sufficient to paralyze
the latter, to the extent that the victim is compelled to limit his own actions and movements in
accordance with the wishes of the accused, then the victim is, for all intent and purposes, detained
against his will. (Benito Astorga v. People, G.R. No. 54130, Oct. 1, 2003)
Q: When is detention said to be without legal grounds?
A: The detention of a person is without legal ground:
1. When he has not committed any crime or, at least, there is no reasonable ground for the
suspicion that he has committed a crime. A valid warrantless arrest (Sec.5, Rule 113, Revised
Rules of Court).
2. When he is not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital.
Q: Is it necessary that the public officer be the police officer for him to be held liable for
arbitrary detention?
A: No. It is important, however, that the public the officer must be vested with the authority to
detain or order the detention of persons accused of a crime such as policemen and other agents
of the law, judges, or mayors.
Note: In arbitrary detention, the offender is a public officer whose functions have something to
do with the protection of life and/or property and the maintenance of peace and order. Thus, if
one, arrests another without legal grounds, and is without authority to do so, like a clerk in the
Office of the Central Bank Governor, arbitrary detention is not the proper charge but illegal
detention.
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Q: Can a barangay chairman be guilty of this crime?
A: Yes. He has the authority, in order to maintain peace and order, to cause the arrest and
detention of a person. (Boado, 2008)
Q: Can private individuals be held liable for arbitrary detention?
A: Yes, if they conspired with such public officers.
Q: What are the legal grounds for the detention of persons without which a public officer
may be held liable?
1. Commission of a crime
2. Violent insanity or other ailments requiring compulsory confinement of the patient in a
hospital.
3. When the person to be arrested is an escaping prisoner.
NOTE: When the peace officers acted in good faith even if the 3 grounds mentioned above
are not obtained, there is no arbitrary detention.
ILLEGAL DETENTION - is the unjustifiable imprisonment or the unlawful deprivation of liberty by
the way of “arrest” for a wrongful cause or suspicion and continued restriction of freedom by such
a person in custody.
RPC - ART. 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION. — Any private
individual who shall kidnap or detain another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female, or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.
ART. 268. SLIGHT ILLEGAL DETENTION. The penalty of reclusion temporal shall be imposed
upon any private individual who shall commit the crimes described in the next preceding article
without the attendance of any of the circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of
the crime.
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Basis for Comparison Detention Arrest
Meaning Detention refers to the act of The arrest is when police take
keeping someone in official away a person who has been
custody, to question them in charged with a crime, to
relation to a specific matter investigate, thus removing
or crime. his/her freedom.
Requires Only reasonable suspicion is Strong evidence is needed to
needed to keep the suspect. make an arrest.
Offense Less severe Comparatively more severe
Results in Arrest, only if relevant Imprisonment or fine or both, if
pieces of evidence are convicted
gathered
Criminal Record Does not indicated on the Indicated on criminal record.
criminal record.
Duration Generally, for a short period Can be held in custody until
of time. bail is granted or a case is
presented before the court.
HUMAN RIGHTS
- are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights include the right to life and liberty,
freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more. Everyone is entitled to these rights, without
discrimination.
1. The right to life This right means that no one – including individuals and the government-
can kill you. Because it is the government’s responsibility to protect human rights, they
must create laws that safeguard human life and protect you if your life is in danger. The
right to life is often invoked in discussions surrounding war, police brutality, capital
punishment, and self-defense.
2. The right to freedom from torture and inhumane treatment This right is one of the
“negative” rights in the UDHR, which means freedom from something. It states that no
one should be subject to “torture or to cruel, inhuman, or degrading treatment or
punishment.” This applies to medical and scientific experimentation, meaning that no one
should be subjected to it without consent.
3. The right to equal treatment before the law The right to equal protection, which is
present in documents like the US Constitution, means that individuals must be treated the
same as others in similar conditions. Different treatment under the law based on things
like race or gender violates a person’s human rights.
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4. The right to privacy It protects citizens from government or corporate overreach and
surveillance. this right is described as freedom from “arbitrary interference with his
privacy, family, home, or correspondence.” The right to privacy frequently comes in
discussions on advancements in technology, the power of intelligence agencies when
dealing with terrorism, and data collection from organizations like Facebook and Google.
5. The right to asylum This is a very old right that dates back to ancient times. It often had
a religious component. Churches were allowed to protect anyone – even criminals – who
sought refuge in a church or on church property. Today, the right to asylum protects
people fleeing their home countries because of persecution.
6. The right to marry and have family. These right states that every one of “full age without
any limitation due to race, nationality, or religion” has the right to get married and start a
family. Both people in the marriage must also give their free and full consent. No one has
the right to marry someone who doesn’t consent. The right to marry is not an absolute
right, which means that it’s subject to national laws that make certain marriages (like a
marriage between close relatives) illegal.
7. The right to freedom of thought, religion, opinion, and expression Everyone has the
right to hold opinions, follow a religion, and change their beliefs. This applies to both
individual practice or within a community. The right also protects a person’s right to “seek,
receive and impart information and ideas through any media.” In many countries,
“freedom of expression” or “freedom of speech” is considered the most important right.
What counts as “protected speech” is frequently debated.
8. The right to work This right encompasses a variety of work-related concerns. Everyone
has the right to work, but they also have the right to “favorable conditions” and protection
against unemployment. People must also receive equal pay for equal work, as well as the
right to form and join trade unions. “Equal pay for equal work” remains a big issue around
the world and intersects with discrimination based on gender and race.
9. The right to education All human rights are interdependent, but many consider the right
to education a top priority for the world. The UDHR states that education must be free
through elementary school. Later education, as well as technical and professional
education, should be available and accessible.
10. The right to social services “Social services” ensure that everyone has a certain
standard of living. Article 25 in the UDHR defines this standard as “adequate” for the well-
being and health of an individual and their family. That includes clothing, housing, food,
water, medical care, and security in case someone is unable to earn money due to illness,
unemployment, etc
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INVESTIGATION
An investigation is a thorough search for facts, especially those that are hidden or need to be
sorted out in a complex situation. The goal of an investigation is usually to determine how or why
something happened.
PRELIMINARY INVESTIGATION
- A preliminary investigation is the process of a police officer's initial activity at the scene of
a crime.
- A preliminary investigation is an inquiry conducted by law enforcement representatives to
gather more information about an allegation. The purpose of the inquiry is twofold: it is
designed to determine whether or not a crime was committed and to identify a suspect or
confirm a suspect's identity.
INQUEST PROCEEDINGS
- An inquest is the procedure to determine whether an individual arrested without a warrant
will be released on account of a dismissal of charges, released for further preliminary
investigation proceedings, or charged in court.
PROSECUTION
- In Criminal law, prosecution refers to a proceeding in which an accused person is tried.
- The meaning of PROSECUTION is the act or process of prosecuting; specifically: the
institution and continuance of a criminal suit involving the process of pursuing formal
charges against an offender to final judgment.
TRIAL
- (law) the determination of a person's innocence or guilt by due process of law; "he had a
fair trial and the jury found him guilty"; "most of these complaints are settled before they
go to trial"
- It is a decision of a court regarding the rights and liabilities of parties in a legal action or
proceeding
JUDGMENT
- It is a decision of a court regarding the rights and liabilities of parties in a legal action or
proceeding
APPEAL
- is a challenge to a previous legal determination. An appeal is directed towards a legal
power higher than the power making the challenged determination. In most states and
the federal system, trial court determinations can be appealed in an appellate court.
- is the process in which cases are reviewed by a higher authority, where parties request a
formal change to an official decision.
CRIMINAL CASE/S
- is a type of court proceeding in which a prosecutor employed by the federal, state, or local
government charges a person with the commission of a crime. Criminal cases generally
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begin after the person is arrested and informed of their charges, usually at a hearing
known as an indictment.
CRIMINAL JUSTICE SYSTEM PHILIPPINE SETTING
The Philippine criminal justice system is composed of five parts or pillars, namely, law
enforcement, prosecution, judiciary, penology, and the community. Law enforcement consists of
the officers and men of the Philippine National Police (PNP), the National Bureau of Investigation
(NBI), and other agencies.
FUNCTIONS OF THE CRIMINAL JUSTICE SYSTEM
- The criminal justice system, essentially, is the system or process in the community by
which crimes are investigated, and the persons suspected thereof are taken into custody,
prosecuted in court, and punished if found guilty, provisions being made for their
correction and rehabilitation.
LAW ENFORCEMENT
- Law enforcement describes the agencies and employees responsible for enforcing laws,
maintaining public order, and managing public safety. The primary duties of law
enforcement include the investigation, apprehension, and detention of individuals
suspected of criminal offenses.
PROCESS OF FILING CRIMINAL CASES FROM POLICE TO COURT
- A criminal case usually gets started with a police arrest report. The prosecutor then decides
what criminal charges to file if any. Some cases go to a preliminary hearing, where a judge
decides if there is enough evidence to proceed.
RIGHTS OF THE ACCUSED (ART III)
Section 14 (1) No person shall be held to answer for a criminal offense without due process of
law.
Section 14 (2) of the 1987 Constitution of the Philippines states: “a) In all criminal prosecutions,
the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf.
The rights of the accused, include the right to a fair trial; due process; the right to seek redress
or a legal remedy; and rights to participation in civil society and politics such as freedom of
association, the right to assemble, the right to petition, the right of self-defense, and the right to
vote.
Republic Act No. 8493
Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal Trial Court,
Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the
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Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to
consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to the admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
RIGHTS OF VICTIM
✓ The right to be treated with dignity, respect, and sensitivity.
✓ The right to be informed.
✓ The right to protection.
✓ The right to apply for compensation.
✓ The right to restitution from the offender.
✓ The right to prompt the return of personal property.
✓ The right to a speedy trial.
✓ The right to enforcement of victims’ rights.
HOW AND WHEN TO INFORM THE ACCUSED OF HIS RIGHTS?
Rules of Court Art 116 Sec. 6. Duty of court to inform the accused of his right to counsel. –
Before arraignment, the court shall inform the accused of his right to counsel and ask him if he
desires to have one. Unless the accused is allowed to defend himself in person or has employed
counsel of his choice, the court must assign a counsel de officio to defend him.
REPUBLIC ACT NO. 7438
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
Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
Any public officer or employee, or anyone acting under his order or his place, who arrests, detains
or investigates any person for the commission of an offense shall inform the latter, in a language
known to and understood by him, of his rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such a person
cannot afford the services of his own counsel, he must be provided with competent and
independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or dialect
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known to such arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise, the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the Commission on Human Rights of
by any international non-governmental organization duly accredited by the Office of the President.
The person’s “immediate family” shall include his or her spouse, fiancé or fiancé, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.
As used in this Act, “custodial investigation” shall include the practice of issuing an “invitation” to
a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the “inviting” officer for any violation of law.
INTERPLAY ROLES OF THE CRIMINAL JUSTICE SYSTEM
REPORTING - is used of giving information to others often after some investigation has been
done.
BLOTTER - is a record of arrests, incidents, and events that have occurred that day. Police
blotters are updated as the events unfold, so they are essential for justice and press purposes.
They can contain many reports, including the four most common: arrest, incident, crime, or
accident.
POLICE BLOTTER
- An official logbook, covered blue with a hardbound cover that contains the daily register
of all crime incident reports, an official summary of arrests, and other significant
events/activities reported in the police station. Relatedly, a separate pink blotter for WCPD
to record all cases involving violence against women and children and those involving a
child in conflict with the law that falls under the mandate of WCPD.
- The written record of events, especially arrests, that occur on a daily basis in a police
station or precinct
Basic content: Each call must have the complainant’s (that’s the person who calls the police)
name, the address and time of the call, and the nature of the call. For sexual assault cases and
crimes against children, the address is withheld, and if the victim is the caller, their name is also
withheld from the blotter.
C. PROCESS OF ARREST (with the information on the rights of the accused) - An arrest occurs
when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's
freedom of movement.
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Probable cause is the key issue in the arrest process. The police need probable cause to make
an arrest or obtain an arrest warrant from a judge.
ARREST
RULE 113
(1) Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
(2) An arrest is made by an actual restraint of a person to be arrested, or by his submission to
the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall
not be subject to a greater restraint than is necessary for his detention. (2a)
SECTION 5. ARREST WITHOUT WARRANT; WHEN LAWFUL. — A peace officer or a private
person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it;
and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
SECTION 11. RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE. — An
officer, in order to make an arrest either by virtue of a warrant or without a warrant as provided in
section 5, may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his authority and
purpose. (11a)
IMMUNITY FROM ARREST
There are persons who, by reason of their position, are immune from arrest.
Sec 11, Art VI “A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the Congress
is in session. No Member shall be questioned nor be held liable in any other place for any speech
or debate in the Congress or in any committee thereof.
ARRESTING A SUSPECT AS A POLICE OFFICER
A. CONFIRM YOU HAVE REASON TO ARREST.
- Legally, you can only make an arrest in a limited number of circumstances. For example,
you can arrest someone in the following situations:
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- You have an arrest warrant signed by a judge.
- You observed a crime being committed.
- You have probable cause to believe the suspect has committed a crime. To find probable
cause, you must have specific facts and not a hunch that the person has committed a
crime.
B. IMMOBILIZE THE SUSPECT.
- To make the arrest easier, you need to stop the suspect’s movements.
- You can use many different methods, such as verbal commands or Tasers. Your police
force should have a “use of force” policy that lays out what force you can use and when.
Know this policy by heart. If you don’t follow it, you can be sued for excessive use of force.
C. GAIN CONTROL OF THE SUSPECT.
- Once you immobilize the suspect, you need to control them. If you don’t, then you can
injure yourself as you try to get the cuffs on. If necessary, you may need to move up the
use of force continuum until you get sufficient control.
D. HANDCUFF THE SUSPECT.
- You should handcuff someone behind their back. If you handcuff in the front, they have
too much freedom to move and may reach for a weapon or hurt you. Always cuff in back.
E. SEARCH THE SUSPECT.
- After cuffing the suspect, you should search them. Search for a weapon or other evidence
of a crime. You can never be too careful. Search everyone, regardless of their gender,
age, size, or race. Even very young and very old suspects have killed police officers
F. TRANSPORT THE SUSPECT.
Remain vigilant during transport. You might relax, thinking everything is under control because
the cuffed suspect is in the backseat. However, the suspect’s anxiety will increase the closer you
get to your destination. Accordingly, you should be prepared for erratic or irrational behavior when
you near the end of the transport.
HOW TO CONDUCT AN INVESTIGATION
THERE ARE FOUR BASIC ELEMENTS OF A PROPER INVESTIGATION:
1. Collect facts about what has occurred.
2. Assemble and analyze the information obtained.
3. Compare the information with acceptable industry and company standards and legal
requirements to conclude.
4. Implement the findings and monitor progress
What is CSI? - For the purpose of this SOP, Crime Scene Investigation (CSI) shall refer to all
the investigative procedures undertaken at the crime scene commencing from the arrival of the
PNP First Responders (FRs) to the arrival of the Duty Investigator/IOC and the SOCO Team until
the lifting of the security cordon and release of the crime scene
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7 STEPS IN CRIME SCENE INVESTIGATION
1. Identify Scene Dimensions. Locate the focal point of the scene.
2. Establish Security. Tape around the perimeter.
3. Create a Plan & Communicate. …
4. Conduct Primary Survey. …
5. Document and Process Scene.
6. Conduct Secondary Survey.
7. Record and Preserve Evidence.
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