Beruflich Dokumente
Kultur Dokumente
FORENSIC ART
At the beginning of this year was published the work
Forensic Art, author Florin Lzu, famous forensic
expert within Bihor Police Inspectorate, member of
Romanian Forensic Association.
The work presents scientifically the procedures
of creating the robot portray, using the method of
graphic and computerised composition,
upon the description of the
victims
witness.
Focusing
on traditional technique of the
sketch of portray made by pencil,
the author presents, gradually, in
an explanatory manner, the stages
of performing a portray.
The work is also fully
illustrated, offering solutions for the
performance of computerised ageing
of face in cases of disappearance of
underage children as well as of those
who evade criminal prosecution.
The
author
emphasizes
the techniques applied in face
reconstruction, post-mortem, as well
as in the process of recreation of the
physiognomy of a person.
FORENSIC INVESTIGATION
OF OFFENCES CONCERNING
THE WORKS OF ART AND
ARCHAEOLOGICAL
ARTEFACTS
Pursuant to the studies and
investigations performed both in
the country and abroad, Mrs. univ.
lect. dr. Gabriela Matei elaborated
the work Forensic Investigation of
Offences Concerning the Works of Art
and Archaeological Artefacts. By this
work, the author approaches multiple
issues from forensic and juridical point
of view, as well as related to the activity
of cultural patrimony.
Mrs. Gabriela Matei studied the older
and newer casuistry, extracting very
carefully the stages of investigation, the
forensic methods used and the conclusions
drawn. The main quality of the book is that
it manages, for the first time in our country, to present
NOUTI EDITORIALE
As the author states, the work serves to forensic
experts and to any police officer, interested to identify
his skills, qualities, as well as his lacunae and flaws
which he has when he is involved in such activity,
namely the creation of a portray, in the context of one
of the three components approached: robot portray,
face ageing and post-mortem face reconstruction.
With the occasion of Romanian Police
Anniversary, March 25th 2011, during a scientific
session, it was launched the book Forensic
Art. About the content and importance of work
spoke: Mr. Viorel Gavra, prime-prosecutor
of Prosecution Service attached to Bihor
Tribunal, the chief commissary Adrian
Bucur, Bihor Police Inspectorate chief and
chief commissary Nicolae erfezeu, head
of Forensic Service within Bihor Police
Inspectorate.
The work was elaborated, under
exceptional conditions, by PRIMUS
Publishing House of Oradea. For those
interested to buy the work, which costs
70 lei/piece, they may address to the
author at Bihor Police Inspectorate,
mobile phone 0745.098.111.
V. LPDUI
norms of forensic investigation for the offences in the
field of cultural patrimony.
The book represents as the famous
univ. prof. dr. Emilian Stancu shows in Foreword
an extremely attractive lecture also for the great
public highly interested in works of art
and archaeological artefacts. The details,
generously presented by the author, about
the history of false, very rich casuistry
which include as well famous thefts of
works of art and archaeological artefacts,
some of them inedited, presented by the
persons who contributed, in a way or
other, to the recovery of the disappeared
objects cases of destructions and
breakdowns of monuments, some
of them also inedited, assign to the
work an authentic and indubitable
attractiveness.
The book was elaborated
under special graphical conditions
by the Publishing House Universul
Juridic with the support of the
National Museum of State Dimitrie
Gusti.
V. LPDUI
TABLE OF CONTENTS
Chairman:
Univ. prof. Lazr CRJAN PhD, chairman of Romanian Forensic
Association, dean of the Faculty of Law within the Spiru Haret University;
Vice-chairmen:
Univ. lecturer Iancu TEFAN PhD,
Romanian University of Sciences and Arts Gheorghe Cristea;
Associate professor magistrate major general (r) Dan VOINEA PhD;
main vice-chairman of Romanian Forensic Association;
Police quaestor Gabriel RU, director of Forensic Science Institute
within General Inspectorate of Romanian Police;
Univ. prof. Petre BUNECI PhD, dean of the Faculty of Law
within the Ecological University;
Police quaestor Jnic ARION-IGNAU PhD, general manager
of Anti-Corruption General Directorate;
Associate professor chief commissary Constantin DUVAC PhD;
Police quaestor Vasile VIOREL PhD, director of General Directorate
of Bucharest Police;
Associate professor Gheorghe PESCU PhD,
Dimitrie Cantemir University;
Pag.
641. FORENSIC SCIENCE IN 2010
VASILE LPDUI,
PANTELIMON BOTIN
646. WHEN FORENSIC EVIDENCE DYNAMITES THE
FALSE APPEARANCES OF A SUICIDE
VIOREL GHEORGHE GAVRA
648. AIR TRAFFIC ACCIDENT DATED 26.07.2010 FROM
BUCEGI MOUNTAINS, BRAOV
MARIUS IACOB
NICOLAE LUPULESCU
Members:
Univ. prof. Tudorel BUTOI PhD, Spiru Haret University;
Univ. prof. habilitated dr. Mihail GHEORGHI,
Free International University of Moldova;
Associate professor Gheorghe GOLUBENCO PhD,
Free International University of Moldova;
LAZARENKO LINA, Forensic Science Institute of the Republic of Lithuania;
Eng. Ctlin GRIGORA Phd, professor at the University of Colorado
Denver, U.S.A.
Prof. Saverio FORTUNATO PhD, chairman of CSI-PERITI E CONSULENTI
FORENSI Firenze, Italy;
Vladislav YANEV, Institute of Forensic Science and Criminology
of Ministry of Interior Bulgaria;
Main police quaestor Aurel VLDULESCU PhD;
Univ. prof. Valentin IFTENIE PhD, National Institute
of Forensic Medicine Mina Minovici;
George BLAN PhD, Superior Council of Magistracy;
Eng. Mircea FIERBINEANU, judicial expert;
Division general (r) Gavril Dorelu RMUREAN,
member of Romanian Forensic Association;
Chief commissary ROMIC POTORAC,
deputy director of Forensic Science Institute;
Viorel-Gheorghe GAVRA, prime prosecutor of Prosecution Department
attached to Bihor Tribunal;
Chief commissary Crian-Mucenic LZUREANU,
manager of the Kennel Center, Sibiu;
Univ. lecturer Nicolae GROFU, Al. I. Cuza Police Academy;
Chief commissary Viorel COROIU, Al. I. Cuza Police Academy;
Univ. lecturer Pantelimon BOTIN, Titu Maiorescu University;
Univ. lecturer major general (r) Ioan HURDUBAIE, executive director
of the International Agency for Crime Prevention and Security Policies;
Univ. lecturer Gheorghe-Iulian IONIT PhD, Romanian-American
University Bucharest;
Associate professor Nicolae VDUVA PhD, Romanian University
of Sciences and Arts Gheorghe Cristea;
Eng. Anca BLAN, general manager of the Chronos company;
Col. Vasile DOAN, prosecutor National Anticorruption Directorate;
Chief commissary Ionel NECULA, Forensic Science Institute;
Jurist Ciprian IONESCU, Romanian Commercial Bank;
Chief commissary Grigore PTRU, chief of the Forensic Science Service
of General Directorate of Bucharest Police;
Univ. lecturer Gabriela MATEI PhD, Ecological University;
Univ. lecturer Constantin DRGHICI PhD, Romanian University
of Sciences and Arts Gheorghe Cristea;
Univ. lecturer Florin BOBIN PhD, Spiru Haret University of Craiova;
Lawyer Adrian-Cristian MOISE PhD;
Cristian DUMITRESCU PhD, Romanian Commercial Bank;
Univ. lecturer Sorinel CRUU, Al. I. Cuza Police Academy.
I.S.S.N. 2069-2617
10 RON
CUPRINS
Pag.
TABLE DE MATIRES
Pag.
640
Abstract
In this article, one presents the main problems resulted from the General Meeting of
Romanian Forensic Association, held on February 24th 2011. With this occasion, it was
analysed the activity carried out in 2010, it was elected the new Board of Directors and
Commission of Censors and it was established the Schedule of activities for 2011.
Key words: general meeting; international manifestations; activities of scientific research
and editorial activities; master studies in forensic science; drafts of normative acts; schedule
of activities.
Rezumat
n acest articol sunt prezentate principalele probleme rezultate din Adunarea general
a Asociaiei Criminalitilor din Romnia, care a avut loc n ziua de 24 februarie 2011. Cu
acest prilej s-a fcut o analiz a activitii desfurate n anul 2010, a fost ales noul Consiliul
Director i Comisia de Cenzori i s-a adoptat Programul de activiti pentru anul 2011.
Cuvinte cheie: Adunarea general; manifestri internaionale; activiti de cercetare
tiinific i editoriale; masterat n criminalistic; proiecte de acte normative; programul de
activiti.
641
642
Mihaela Irina Constantinescu, legal advisor RenataMinodora Watson, economist Ileana-Camelia Grigore
and an important part of the chiefs of forensic services
from district police inspectorates.
During the two symposiums, the Romanian Forensic
Association, with the support of a competent company,
organised exhibitions with the technical means used in
forensic activity as well as a specialised book stand.
Another scientific manifestation was organised
by Forensic Science Institute of G.I.R.P., the company
LAFAYETTE INSTRUMENT of U.S.A. and the company
VENUS 2000 IMPEX of Romania,
with the topic: Novelties in
polygraph technique and the
use of it in testing simulated
behaviour. Specialists in the
field from Romania and other
countries participated to this
manifestation. An important
contribution in the organisation
of manifestation was that of
police quaestor PhD candidate
Gabriel ru, vice-president of
Romanian Forensic Association
and of Mr. Remus Popescu,
general manager of the
company Venus 2000 Impex.
2. Editorial activities
Through
the
financial
efforts of Romanian Forensic
Association, with the support of
sponsors and by advertising, one managed to perform
the following:
Editing six numbers of Romanian Journal of Forensic
Science, with a run of 13.000 copies. We consider that
the articles published had a scientific character and
emphasized the novelties in the field of forensic science,
law and forensic medicine.
According to the decisions of general meeting, it was
continued the practice of distributing for free, 500-600
copies of each number of the journal, to some members
of the Association, to the Scientific Council of the journal,
to the authors, libraries in the Ministry of Administration
and Interior, prosecution departments, faculties of law,
to some forensic departments abroad with which the
Forensic Science Institute collaborates, as well as to
some dignitaries, students and master students.
Pursuant to the improvement of the journals content
and accomplishment of the conditions imposed by the
National Council of Scientific Research of Superior
Education, the Romanian Journal of Forensic Science,
beginning with February 1st 2010, was passed in B
category. In 2011, through the actions taken, we shall
draw up the file with the necessary documents to pass
the journal in B+ category. The numbers 5 and 6/2010
were translated as well in English on the site of the
Association.
Editing a run of 1000 copies of the volume Forensic
investigation of criminal offences in the field of organised
crimes. In this volume, one published the majority of
communications presented during the Symposium of
October 27th and 28th 2009. The paper was distributed
for free to all forensic structures, state institutions,
faculties of law, institutions of education of Ministry of
Administration and Interior, to the authors and other
persons. The paper was drawn up with the financial
support of Mr. Petar Zdravkov Nenov, the President of the
643
644
645
Abstract
Through the history, the crimes against the life of a human being represented the most
serious deviation from the rules of social cohabitation, consequently, the reaction and
attitude of society towards the authors of such crimes being in accordance to the social
value affected.
Nothing can justify this kind of act which engage in social-familial mechanism irreversible
disturbances, meant to trouble and change radically the life of the persons related socially
or affectively to the victim or criminal.
From the foregoing, it results the huge responsibility of the bodies called to manage
and perform the judicial process. In this respect, the mobilization of specialists for qualified
investigation of such crimes, under the form a complex team, is also recommended by
specialised literature, its importance being emphasized by several authors.
Key words: forensic evidence, suicide, crime scene investigation, polygraph test,
criminal prosecution.
Rezumat
De-a lungul istoriei, infraciunile contra vieii au fost cea mai grav abatere de la regulile
de convieuire social; pe cale de consecin reacia i atitudinea societii fa de autorii
unor astfel de infraciuni fiind pe msura valorii sociale lezate.
Nimic nu poate justifica acest gen de fapt care angreneaz n mecanismul sociofamilial perturbri ireversibile, de natur s tulbure i s schimbe radical viaa persoanelor
legate social sau afectiv de victim ori de infractor.
Din cele prezentate mai sus, rezult responsabilitatea imens ce se pune n sarcina
organelor chemate la administrarea i nfptuirea actului de justiie. n acest sens,
mobilizarea specialitilor pentru investigarea calificat a unor astfel de infraciuni, sub
forma unei echipe complexe, este recomandat i de literatura de specialitate, importana
ei fiind subliniat de muli autori.
Cuvinte cheie: Probe medico-legale, sinucidere, cercetarea locului faptei, testul poligraf,
urmrirea penal.
646
647
Abstract
In this article, the authors refer to the investigation of air traffic accidents, presenting in
detail the air catastrophe from Fundata Braov.
Pursuant to this event, seven persons lost their lives, six of them Israeli people and a
Romanian pilot.
Key words: investigation of aviation accidents, catastrophe from Fundata, investigation
of event place, military abbreviations and NATO, de facto situation, causes of event,
conclusions.
648
Rezumat
n acest articol, autorii se refer la investigarea accidentelor aviatice, prezentnd n
detaliu catastrofa aerian de la Fundata Braov.
n urma acestui eveniment, i-au pierdut viaa apte persoane, din care ase israelieni
i un pilot romn.
Cuvinte cheie: Investigarea accidentelor aviatice, catastrofa de la Fundata, cercetarea
locului evenimentului, abrevieri militare i NATO, situaia de fapt, cauzele producerii
evenimentului, concluzii.
I. General considerations regarding
investigation of aircraft accidents
the
649
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651
652
653
654
655
656
and training.
The Romanian Academy award crowns fairly the
exemplary career of professor Emilian Stancu placed
with his work in the gallery of coryphaei of Romanian
forensic science to which he dedicated his life, proving
both to himself and us, who we will always call him Our
professor, that those words uttered once by another great
thinker, The pure and simple truth is seldom pure never
simple, contain the faith declaration of a profession.
1 - Koala Bear
2 - Human
3 - Chimpanzee
All primates have fingerprints on hands and feet,
and a few New World monkeys have them on their
prehensile tails as well, says Jeff Froehlich, Professor of
Anthropology at the University of New
Mexico.
657
658
BIBLIOGRAPHY:
1.
Maciej Henneberg. Fellow, American Dermatoglyphic
Association,
2.
www.odec.ca
3.
www.nature.com
4.
www.naturalscience.com
OPINION
Abstract
Forensic experts have recently discovered new techniques for identifying fingerprints.
New methods may be used to identify hidden fingerprints, digital impressions found on
metals. Analyzing fingerprints drugs and diseases antibodies could be detected. Now
fingerprints can be mathematically described by the new model. Sexual offenders can be
identified easier. By using light sources to better fingerprinting could be obtained. Analyzing
fingerprints it can be established if a suspect has been in contact with chemicals such as
drugs and explosives.
Key words: New forensic techniques, fingerprints, drugs, diseases, criminality,
researchers, traces, fingerprinting, fingerprints mathematically model, explosives,
desorption by electrospray ionisation.
Rezumat
Specialitii au descoperit recent noi tehnici de ridicare i identificare ale amprentelor
digitale. Noile metode pot fi acum folosite pentru amprentele digitale ascunse i pentru cele
gsite pe metale. Acum anticorpii identificai pe amprentele digitale sunt analizai pentru
detectarea drogurilor i bolilor. Amprentele digitale pot fi descrise matematic de un model
nou. Autorii infraciunilor la regimul vieii sexuale pot fi acum mai uor identificai. Prin
utilizarea surselor de lumin se poate obine o amprentare mai bun. Analiznd amprentele
digitale se poate stabili dac un suspect a fost n contact cu anumite substane chimice,
cum ar fi drogurile i explozibilii.
Cuvinte cheie: Tehnici criminalistice noi, amprente digitale, droguri, boli, criminalitate,
cercettori, urme, amprentare, modelul matematic al amprentelor digitale, explozibili,
dezabsorbie prin ionizare cu electrospray.
Introduction.
There can be no crime without a trace. Any crime is
based on the fact that an offender, most often without his
knowledge, leaves always traces at the scene.
Edmond Locard formulated the basic principle of
forensic science: Every individual who moves into an
environment leaves traces .
Broadly, crime trace means the most varied changes
that may occur in the environment as a result of criminal
actions .
In a narrow sense, crime trace means traces formed
by reproducing the exterior construction of an object on
another object.
In a comprehensive definition, crime trace means any
material changes occurred because of the interaction
between offender, the means used by the parts of an
environment where their criminal activity took place,
changes which, individually or fully examined, may lead
to: scene setting, identification of the perpetrator, the
means used to clarify the circumstances of the case .
659
660
661
662
663
36.
http://www.nap.edu/openbook.php?record_
id=11276&page=6.
37. http://projects.nfstc.org/trace/index2007.htm.
38.
http://www.sciencedaily.com/
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40. http://pubs.acs.org/doi/full/10.1021/ac070580j.
41.
http://www2.imperial.ac.uk/imedia/videos/view/186/
professor-sergei-kazarian.
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Fingerprints_go_high-tech.
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wirestory?id=5534403.
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friday/health/ny-hsfore085793112aug08,0,411405.story.
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53.
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php?t=65159.
56. http://www.newsday.com/services/newspaper/printedition/
friday/health/ny-hsfore085793112aug08,0,411405.story.
References notes
1.
P. F. Ceccaldi, Forensics, Press Universitaires de
France Publishing House, Paris, 1962, p.6.
2.
http://en.wikipedia.org/wiki/Edmond_Locard.
3.
S. A. Golunski, Forensics, tiinific Publishing House,
Bucharest, 1961, p.82.
4.
C. Suciu, Forensics, Didactic i Pedagogic Publishing
House, Bucharest, 1972, p.200.
5.
Gh. Pescu, Treaty of Forensic Practice, Ministry of
Interior Publishing House, Bucharest, vol. I, 1976, p.117-118.
6.
E. Stancu, Forensic Treaty, Actami Publishing House,
Bucharest, 2001, p.114-115.
7.
E. Locard, Forensic Treaty. Fingerprints and traces in
investigations inquiries, Desvigne Publishing House, Lyon, 1931,
vol. I, p. 9.
8.
M. Minovici, Full Forensics Treaty, vol. II, Bucharest,
1930, p.1039-1041.
9.
V. Sava, Manual of Dactiloscopy, Bucharest, 1943,
p.35.
10. I. Mircea, Forensics, 2nd edition, Printing House of
Chemarea Foundation Iai, 1994, p.72.
11. L. Ionescu, Forensics. Course Notes, Dimitrie Cantemir
Christian University, 2002, Bucharest, p.27-34.
12. L. Crjan, Forensics, Pinguin Book Publishing House,
Bucharest, 2005, p. 188.
13. F. Galton, Finger-Prints, McMillan Publishing House,
London, 1892, p.109.
14. L. Crjan, Cited Book, p. 189.
15. J. I. Thornton, The doctrine of dessimilation of the unique
identification dactiliscopique, R.I.P.C., nr. 306, martie, 1977, p. 89.
16. Gh. Pescu, Ion. R. Constantin, Fingerprints secrets,
Naional Publishing House, Bucharest, 1996, p.139-142.
17. http://www.eurekalert.org/pub_releases/2008-06/uolnfb060208.php.
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21. http://www.blackwellpublishing.com/jfo.
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html.
23. http://crime.about.com/od/forensics/a/metal_prints.htm.
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71&CultureCode=en.
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better fingerprints, article retrieved electronically on http://www.
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38. http://projects.nfstc.org/trace/index2007.htm.
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by specialists in the U.S.A.: fingerprint analysis by using the
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Beck Publishing House, Bucharest, 2009, p. 171-173.
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b/080807CooksFingerprints.html.
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from cannabis or made synthetically, which is the basic narcotic
in marijuana and hashish.
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releases/2007/05/070516123538.htm.
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professor-sergei-kazarian.
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Abstract
In this article, we shall present a few aspects concerning the organisation and
development of some terrorist acts on the territory of Romania, as well as the actions taken
by the state bodies competent to prevent and fight against them.
One shall refer to terrorist activities carried out by the former security general, Mihai
Pacepa, agent of American Intelligence Service, country traitor, as well as by the former
general Nicolae Militaru, agent of Soviet Intelligence Service.
Key words: legionary terrorism; ART department; country traitor Mihai Pacepa; agent
of Soviet Intelligence Service general Nicolae Militaru.
Rezumat
n acest articol vom prezenta cteva aspecte referitoare la organizarea i desfurarea
unor acte teroriste pe teritoriul Romniei, precum i msurile ntreprinse de organele
statului ndrituite cu prevenirea i combaterea acestora.
Se vor face referiri la activitile teroriste desfurate de fostul general de securitate
Mihai Pacepa, agent al Serviciului de spionaj american, trdtor de ar, precum i de
fostul general Nicolae Militaru, agent al Serviciului de spionaj sovietic.
Cuvinte cheie: terorismul legionar; compartimentul ARTA; trdtor de ar Mihai
Pacepa; agent al Serviciului de spionaj sovietic generalul Nicolae Militaru.
General views
In the previous articles published in the journal, one has
presented the variations occurred in the recrudescence of
international terrorism, this time, we intend to
emphasize some terrorist acts passed on the
territory of Romania and the manner of action
of the structures incorporated for the prevention
and fight against them.
A black spot in the history of Romania was
the legionary organisation which practiced
terrorism as part of its activities. The legionary
teams assassinated high-grade intellectuals, primeministers, ministers, magistrates, prosecutors,
staff of intelligence services, generals, policemen,
gendarmes, forensic investigatorsetc. Some
of them are the following: university
professors Nicolae Iorga and Virgil
Madgearu; prime-ministers I.G. Duca,
Gheorghe Argeanu and Armand Clinescu;
Mihail Moruzov, former manager of Romanian
Intelligence Service, Victor Iamandi, former minister
of justice; the general Gabriel Marinescu, former
prefect of the Police of Capital and former minister
of Public Order; colonel Vasile Zeciu, former primeprosecutor of Military Tribunal of Capital; general Ion
Benglin, former general inspector of Gendarmerie;
Radu Pascu, former president of the Court of Appeal
Bucharest; Niky tefnescu, former sub-manager of
Romanian Intelligence Service.
For their acts, some legionaries were punished according
to the laws in force, others escaped abroad, organising
in different groups, as did their leader Horia Sima who
incorporated in Spain the largest legionary group.
Horia Sima, while he was still leading in the country
665
666
its dirty sides. Everyone heard about the case of the former
general Ion Mihai Pacepa who was prime-deputy of the
director of External Information Department (E.I.D.) and
security advisor of the former dictator Nicolae Ceauescu.
Another 30 officers joined him, passing on the enemy side,
delivering to espionage services who recruited them secret
documents, including E.I.D. and diplomatic cipher. As we
know, Romania established a record by this high number of
traitors which must be homologated. Their national treason
has neither an ideological nor a political justification. The
country, Romania, is wrapped by the three colours of the
National Flag, nothing more, nothing less. The traitors
bedraggled this Flag. The treason of Pacepa and of the
others was possible since, in a dictatorship regime, such
that of Ceauescu, anything was possible.
How did Pacepa enter into security?
Ion-Mihai Pacepa was born on October 28th 1928,
graduated the Faculty of Chemistry in 1951. He began
his career in Security, pursuant to the relations of his
father, Pacepa, Jewish, originary from Czechoslovakia,
with the former chief of Staff Department of Ministry of
Interior, general Demeter (Jewish). He worked a period as
officer in the central unit of economic counter-information,
afterwards, with the support of some
well-intentioned people, he is moved in
E.I.D. In January 1956, he is appointed
head of espionage residence in F.R.G.
where he was also occupying the
official position of Head of Romanian
Commercial
Representation.
By
informative combinations specific to
information bodies, Ion-Mihai Pacepa
was recruited by espionage services of
F.R.G. and U.S.A., passing under their
control. Some of his actions of treason
are:
a) Being in mission in F.R.G., on
July 18th 1958, the officers Constantin
Horobe and Nicolae Ciuciulin were
arrested in Wurms Germany by
counter-informative bodies from that
country and from U.S.A. After the
falling of the two officers, Pacepa
was withdrawn from the management of residence in
Frankfurt. The two officers were condemned but they
refused the proposal of political asylum. Pursuant to some
arrangements, in June 1959, the two officers were released
from prison and delivered to Romanian authorities. In the
country, a new investigation was initiated and they were
kept in prison until March 1960, when they were released.
In a discussion with Constantin Horobe, the author of
this article found out that the one who had betrayed them
was Ion-Mihai Pacepa. Although in time this problem was
brought to the knowledge of leading factors, no measure
was taken since Pacepa was considered the man who
carried out several missions with good results. One of
the missions was that of capturing and bringing in the
country of the legionary Beldeanu who headed the attack
in 1956 from Romanian Embasy in Switzerland. With
the help of American espionage, Beldeanu was taken in
Democratic Berlin, under cover, to carry out a mission and
arrested, being condemned to death by Supreme Court of
Romania.
Pursuant to his results, Ion-Mihai Pacepa became
the advisor of Ceauescu for security and technological
development and in the year 1974, he is advanced on the
degree of general-lieutenant.
Ceauescu family relied highly on this traitor. Although
during a meeting from Crimea, between Ceauescu and
Brejnev, the latter warned him: In your country, a general
works for Americans our information is certain take
action. Ceauescu, instead of taking the necessary
actions, asked Pacepa to find out who the traitor was. As
he was clever and skilled to escape from difficult situations,
Pacepa managed once again to avoid being discovered.
Pacepa was both national traitor and professional
assassin. The crimes of which Ceauescu was accused
were in fact committed by Pacepa, being
for many years the secret advisor of
Ceauescu. The hanger and freezing
actions taken against the people were
taken as well pursuant to the advices
of Pacepa, suggested by C.I.A. The
recipe soya salami was also brought by
Pacepa.
b) We shall present a case of terrorism
headed by Pacepa himself and his chief,
general Doicaru, committed in Dorobanti
Hotel, in Bucharest, in the evening of
August 7th 1975.
The Serb Vlado Dopcevici arrived
in Bucharest on July 30th 1975, who
had been in exile in Belgium, being
the fiercest opponent of Tito. Pacepa,
pursuant to Tito interventions to
Ceauescu, was appointed by the latter
to solve the operation. A few days before
the arrival in Bucharest of Dopcevici and his collaborator
Stojanovici, Pacepa organised the action and trained the
subordinated staff who were to participate to the mission
as well as some performance sportsmen (boxers). In the
training of the participants to action participated as well the
general N. Doicaru. All participants undertook not to reveal
the information received about the activities to be carried
out. As they arrived, the two Serbians were accompanied
by the named Alexandru Opojevici and Djordje Markusev,
leaders of Serbian dissident organisation in Romania.
During the trips in Bucharest, Stojanovici (he had an
athletic body, imposing height, hands long down to knees,
pallet-like palms) was very careful to see whether they
were followed.
On August 7th 1975, when the criminal action was to
take place, several Serbian officers participated to action,
with three cars, equipped with radio transceivers. In the
evening of that day, when the plan was to be applied,
respectively on Grigore Mora street, near Aviatorilor
Statue, a torrential rain started. Therefore, Pacepa ordered
the application of the plan in Dorobani Hotel. When they
arrived at hotel, the two Serbians were directed to the room
by Opojevici. When entering the room, Stojanovici and
Opojevici were strongly hit in the head. Dopcevici was hit
667
668
Bibliography
1.
Neagu Cosma, Ion Stnescu, Shaken Truths,
Publishing House and Typography PACO, Bucharest, 2001,
I.S.B.N. 973-8314-37-2.
2.
Romanian espionage and counter-espionage,
Publishing House and Typography PACO, Bucharest, 2001,
I.S.B.N. 973-97169-8-9
3.
VITRALII Review Lights and Shadows, edited by
Association of Disbanded and Withdrawn Military Staff within
Romanian Intelligence Service no 1 December 2009, no. 2,
3, 4 and 5 2010, no. 6 March 2011.
4.
Current newspaper no. 37 (4689), Wednesday,
March 2nd 2011, the article Trosc decapitated the second
time, author George Roncea.
- to be continued -
669
the buckles pin may fit in for the purpose of adjusting the
belt at a specific size (photo no. 2).
670
Photos no 6 and 7
buckle contact area
on the belt viewed at a
front and depth levels
(L - suspects belt,
C comparison belt).
2. after 8 hours:
The imprint created by the buckle on the comparison
belt became visible without having the depth of the
suspects imprint
The imprint is not stable. After 12 hours of non-use
the material came back to the original shape; the imprint
created by the buckle was not visible anymore.
3. after 16 hours:
the same details were observed after 16 hours of
belt use;
the imprint remained visible after 12 hours of nonuse, though very weak in shape.
6. after 80 hours:
both imprints showed the same in-depth;
the testings were performed after 72 hours of nonuse in total.
Photos no.11,12
and 13 buckle
and belt contact
area after 16 hours
of use. The indepth photograph
showed the angle
formed by the belt
on the contact area
and also a height
difference.
Photo
no.14
the suspect
imprint and the
comparison imprint
after 12 hours of
non-use.
4. after 28 hours:
the imprint created on the comparison belt was
shaped and stable, still without having the depth of the
belt seized from the suspect;
671
672
673
I. Legal content 9
According Art. 42 of Law no. 161/2003,
(1) The illegal access to a computer system is a crime
and is punished with imprisonment from 3 months to 3 years
or with fine.
(2) The fact mentioned at item (1), committed for the
purpose of obtaining computer data, is punished with
imprisonment from 6 months to 5 years.
(3) If the fact mentioned at item (1) or (2) is committed
by infringing the security measures, the punishment is
imprisonment from 3 to 12 years.
V. Subjective part
a) Subiective element of the crime:
VI. Forms
a) Preparatory acts are possible beeing a comisive
crime.
b) Attempt is punished according to par. 47.
c) Consumption occurs when accessing the computer
system itself attacked.
674
675
676
677
and inquiring.
b) Pasive subject of the crime is State.
IV. Objective part
a) Material element of crime is achieved by one of the
following act: input, alteration, deletion or access restriction
to computer data.
b) Requirements of material element:
678
I. Legal content 29
According to Art. 49 of Law no. 161/2003,
Causing the loss of property to a person by the input,
alteration of deletion of computer data, by restricting
the access to such data or by preventing in any way the
operation of a computer system, in order to obtain an
economic benefit for oneself or for another is punished with
imprisonment from 3 to 12 years.
According to Art. 249 (Computer fraud) of future
Criminal code,
The input, alteration or deletion of computer data, access
restriction to these data or prevent in any way the operation
of a computer system, in order to obtain a economic benefit
for himself or for other, if caused a damage to a person, is
punished with imprisonment from 2 to 7 years.
679
680
Conclusions
At least at the declarative level, we can boast
with a modern legislation in preventing and combating
cybercrime area.
Also toward preventing and combating cybercrime,
it is necessary the introduction of some special cases
of unpunishment or penalty reduction for those who
denounce or facilitate other participants identification
and liability, because, during the time, those methods
have proved effectiveness in black number of criminality
reducing (in other forms of manifestation too), and in
dealing expeditiously of the investigated crimes.
Should be introduced a new paragraph in Law no.
161/2003 or/and in future Criminal code, through which
to provide:
(a) Shall not be punished the person, which had
committed one of the crimes provided in Art. , but
which, during the criminal proceedings, denounce or
facilitate the identification and liability of other person
wich had committ
(or/and)
(b) Benefits of reducing by half of penalty limits
provided in Art. , person which, during the criminal
proceedings, denounce or facilitate the identification
and liability of other person wich had committ ....
Bibliography
1.
Baron, R., A Critique of the International Cybercrime
Treaty, 2002, Common Law Conspectus: Journal of
Communication Law and Policy, vol. 10, p. 268.
2.
Council of Europe, Convention on Cybercrime (CETS
no: 185), available at: http://conventions.coe.int/Treaty/en/
Treaties/Html/185.htm (last time accessed 24.08.2010).
3.
Council of Europe, Convention on Cybercrime (ETS
No. 185) Explanatory Report, pct. 33, available at: http://
conventions.coe.int/Treaty/en/Reports/Html/185.htm (last time
accessed 29.08.2010).
4.
Global Internet Liberty Campaign, Global Internet
Liberty Campaign Member Letter on Council of Europe
Convention on Cyber-Crime, available at: http://gilc.org/privacy/
coe-letter-1000.html (last time accessed 30.08.2010).
5.
Ioni G.I., Implementing the Provision of the
European Council Convention on Cybercrime in the Romanian
Legislation, in Acta Universitatis Danubius. Juridica, vol. 8, no.
3, 2010. available at http://journals.univ-danubius.ro/index.php/
juridica/article/view/675/614 (last time accessed 12.11.2010).
6.
Ioni, G.I., Computer criminality, PhD thesis
(unpublished), Bucharest, Police Academy Alexandru Ioan
Cuza, (July) 2009
7.
Law no. 161/2003 published in M.Of. nr.
279/21.04.2003.
8.
Law no. 286/2009 published in M.Of. nr.
510/24.07.2009.
References notes
1.
Council of Europe, Convention on Cybercrime (CETS
no: 185), available at: http://conventions.coe.int/Treaty/en/
Treaties/Html/185.htm (accessed last time on 24.08.2010)
2.
Law no. 161/2003 published in M.Of. no.
279/21.04.2003.
3.
Art. 34.
4.
Law no. 286/2009 published in M.Of. nr.
510/24.07.2009.
5.
Ioni, G.I., Criminalitatea informatic, PhD thesis
(unpublished), Bucharest, Alexandru Ioan CuzaPolice
Academy, (july) 2009.
6.
Council of Europe, Convention on Cybercrime (ETS
No. 185) Explanatory Report, pct. 33, available at: http://
conventions.coe.int/Treaty/en/Reports/Html/185.htm (last time
accessed at 29.08.2010)
7.
Idem, pct. 44
8.
See also Baron, R., A Critique of the International
Cybercrime Treaty, 2002, CommLaw Conspectus: Journal of
Communication Law and Policy, vol. 10, p. 268
9.
According to Art. 2 din Convenie, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the access to the whole or any part of
a computer system without right. A Party may require that the
offence be committed by infringing security measures, with the
intent of obtaining computer data or other dishonest intent, or
in relation to a computer system that is connected to another
computer system.
10. Ioni G.I., Implementing the Provision of the
European Council Convention on Cybercrime in the Romanian
Legislation,n Acta Universitatis Danubius. Juridica, vol. 8, no.
3, 2010, p. 171-172, available at http://journals.univ-danubius.
ro/index.php/juridica/article/view/675/614 (last time accessed
at 12.11.2010).
11. Council of Europe, Explanatory Report, op. cit., pct. 51
12. According to Art. 3 of Convention, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the interception without right, made by
technical means, of non-public transmissions of computer data
to, from or within a computer system, including electromagnetic
emissions from a computer system carrying such computer
data. A Party may require that the offence be committed with
dishonest intent, or in relation to a computer system that is
connected to another computer system.
13. Ioni G.I., Implementing , op.cit., p. 172.
14. Council of Europe, Explanatory Report, op. cit., pct. 60
15. According to Art. 4 of Convention, 1. Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the damaging, deletion, deterioration,
alteration or suppression of computer data without right. 2. A
Party may reserve the right to require that the conduct described
in paragraph 1 result in serious harm.
16. Ioni G.I., Implementing , op.cit., p. 173.
17. Council of Europe, Explanatory Report, op. cit., pct. 65
18. According to Art. 5 of Convention, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the serious hindering without right of
the functioning of a computer system by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing
computer data.
19. Ioni G.I., Implementing , op.cit., p. 173.
20. Explanatory Report, op. cit., pct. 71
21. See also Global Internet Liberty Campaign, Global
Internet Liberty Campaign Member Letter on Council of Europe
Convention on Cyber-Crime, available at: http://gilc.org/privacy/
coe-letter-1000.html (last time accessed at 30.08.2010)
22. According to Art. 6 of Convention, 1. Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally and without right: a) the production,
sale, procurement for use, import, distribution or otherwise
making available of: (i) a device, including a computer program,
designed or adapted primarily for the purpose of committing
any of the offences established in accordance with Articles 2
through 5; (ii) a computer password, access code, or similar
681
Abstract
This article approaches the issue regarding publicity of real rights according to the
provisions of the Romanian private law. The thesis reviewer notes that are also analyzed the
offences of destruction and possession disturbance; by their criminalization are protected
the cadastre and real estate publicity.
Key words: publicity, real rights, cadastre, offence, destruction, possession
disturbance.
Rezumat
Acest articol abordeaz problema referitoare la publicitatea drepturilor reale conform
dispoziiilor dreptului privat romn. Revizuitorul tezei observ c sunt analizate de
asemenea infraciunile de distrugere i tulburare a posesiei; prin incriminarea lor, sunt
protejate cadastrul i publicitatea proprietii imobiliare.
Cuvinte cheie: publicitate, drepturi reale, cadastru, infraciune, distrugere, tulburarea
posesiei
682
Reference notes
1. See article 64 paragraph. 2 of the Law no.
7/1996;
2. Ibidem article 65 paragraph. 3 and 4 of the Law
no. 7/1996.
683
Rezumat
Probele digitale sunt utilizate ntr-o investigare n aceleai scopuri ca probele fizice, dar
diferena major ntre cele dou tipuri de probe este determinat de faptul c probele digitale
reprezint numai o valoare i nu sunt obiecte tangibile. Probele digitale n mod aparent nu
sunt evidente, ele fiind coninute n echipamentele informatice care le stocheaz. Este
nevoie de echipamente de investigare i de softuri specifice pentru a face ca aceste probe
s fie disponibile, tangibile i utilizabile.
Cuvinte cheie: probe digitale; sisteme informatice; probe digitale volatile; probe digitale
nevolatile; standarde n domeniul probelor digitale.
684
685
2. Susceptible to alteration
One of the fundamental principles of computer crimes
investigation is the need to maintain the integrity of digital
evidence 16.
Ensuring a complete documentation of the investigation
process and also applying some methods in order to
maintain the integrity of computer data is essential in
order to demonstrate the fact that the evidence was not
tampered with 17.
3. Digital evidence is not obvious apparently, as it
is contained in the IT equipment storing it. One needs
investigation equipment and specific software to render
this evidence available, tangible and usable.
4. In terms of the computer data persistence, digital
evidence can be classified in volatile and non-volatile
digital evidence.
The data being temporarily stored in the system
memory (including the RAM, cache memory, the system
peripherals memory, such as the video card, or the
Network Interface Card) is called volatile data, because
the memory is dependent on electricity supply in order
to keep its contents 18. When the system interrupts its
power supply, then the contents of the memory are lost
19
. Because of this, digital evidence should be collected
first, due to the fact that it can disappear before being
recorded or collected.
Non-volatile data is not lost when the computer system
is turned off or when it loses its power supply. This data
is stored on data carriers, such as: the hard disk or other
storage devices for non-volatile data.
5. As digital evidence exists in binary format,
it needs to be interpreted to a certain degree before it
becomes comprehensible to the investigator.
5. Potential digital evidence in computer systems
Digital evidence can be found in files, which are stored
on the hard disk and other storage devices: 20
1. User-created files: address books; audio and
video files; calendars; database files; text files and
document files; e-mail files; image files; spreadsheet
files.
2. User-protected files: compressed files; encrypted
files; hidden files; password-protected files; files hidden
by steganography.
There are file components that can have evidentiary
value, including the date and time of its creation,
modification, deletion, accessing, the user name and the
file characteristics.
3. Computer-created files:
backup files
- cookies
configuration files
- log files
hidden files
- swap files
history files
- system files
- temporary files
4. Other areas where files can be found:
686
Reference Notes
1. Constantin, Radu; Drghici, Pompil; Ioni, Mircea
(2000). Expertizele mijloc de prob n procesul penal.
Bucharest: Editura Tehnic, p.11.
2. Mateu, Gheorghi (1997). Procedur penal.
Partea general. Iai: Editura Fundaiei Chemarea, volumul
II, p.152.
3. Constantin, Radu; Drghici, Pompil; Ioni, Mircea
(2000). Expertizele mijloc de prob n procesul penal.
Bucharest: Editura Tehnic, p.12.
4. Carrier, Brian; Spafford, Eugene H. (2004).
The Center for Education and Research in Information
Assurance and Security, Defining and Modeling Digital
Evidence Using Data Flows, p.3. Retrieved 26 May 2010
from
https://www.cerias.purdue.edu/apps/reports_and_
papers/view/2673
5. International Organization on Computer Evidence
(2002). G8 Proposed Principles For The Procedures
Relating To Digital Evidence. Retrieved 26 May 2010 from
http://www.ioce.org/core.php?ID=17
6. Scientific Working Group on Digital Evidence
(2002). ASCLD Glossary Definitions. Retrieved 26 May
2010 from http://www.swgde.org/documents.html
7. U.S. Department of Justice. Office of Justice
Programs. National Institute of Justice, Washington
D.C. (2001). Electronic Crime Scene Investigation.
A Guide for First Responders, p.2. Retrieved 26 May
2010 from http://nij.ncjrs.gov/publications/pub_search.
asp?searchType=all&category=99
8. Association of Chief Police Officers (2003). Good
Practice Guide for Computer-Based Electronic Evidence,
p. 6. Retrieved 26 May 2010 from http://www.7safe.
com/electronic_evidence/ACPO_guidelines_computer_
evidence.pdf
9. Romanian Information Technology Initiative and
the Romanian Government (2004). Ghid introductiv pentru
aplicarea dispoziiilor legale referitoare la criminalitatea
informatic, Bucharest, p.74. Retrieved 2 February 2010
from http://www.riti-internews.ro/ro/ghid.htm
10. Scientific Working Group on Digital Evidence,
International Organization on Computer Evidence (1999).
Digital Evidence: Standards and Principles. Retrieved
27 May 2010 from http://www.fbi.gov/hq/lab/fsc/backissu/
april2000/swgde.htm#International
11. Littlejohn Shinder, Debra; Tittel, Ed (2002).
Scene of the cybercrime. Computer Forensics Handbook.
Rockland, Massachusetts: Syngress Publishing Inc.,
p.552.
12. Scientific Working Group on Digital Evidence,
International Organization on Computer Evidence (1999).
Digital Evidence: Standards and Principles. Retrieved
27 May 2010 from http://www.fbi.gov/hq/lab/fsc/backissu/
april2000/swgde.htm#Standards
13. Mohay, George; Anderson, Alison; Collie, Byron;
De Vel, Oliver; McKemmish, Rod (2003). Computer and
Intrusion Forensics., Norwood, Massachusetts: Artech
House Inc., p.121;
Vacca, John R. (2005). Computer Forensics. Computer
Crime Scene Investigation, Second Edition, Boston,
Massachusetts: Charles River Media Inc., p.220;
Brezinski, Dominique; Killalea, Tom (2002). Network
Working Group, Guidelines for Evidence Collection and
Archiving. Retrieved 27 May 2010 from http://www.rfcarchive.org/getrfc.php?rfc=3227
14. Council of Europe, Economic Crime Division,
Directorate General of Human Rights and Legal Affairs,
Strasbourg, March 2010 (2010). Cybercrime training for
687
Photo No. 1
Photo No. 2
688
Photo No. 3
Photo No. 4
and scientific forensic
culminating with the
body and the existing
they found numerous
Photo No. 7
Photo No. 8
Photo No. 5
In this context,
judiciary photos were
taken immediately,
biological
samples
and other kind have
been identified, fixed
and collected, while
examining in detail the
objects present in the
room environment.
Extending research by
forensic investigation of the court premises and outbuildings
near the house called Doris Ivanov, a suicidal note(the socalled death note) was discovered in a bedroom, which
contained the following messages: Illness forced me ...
forgive me children, I can not live(Photo No. 9 and 10).
Examining the ticket it was concluded that the last note was
written by the victim, indicating from the content, she was
overcome by a disease and asked forgiveness for those dear
to her for her autolytic gesture. Subsequently, penmanship
expertise determined that the handwriting belonged to mrs.
Ivanov Dorina.
Photo No. 6
Stab wounds were caused by the action of sharp
instruments. Most of them were homicidal. In the case of
the stabbed wounds, the length of wound channel(internal
component) in the body exceeds the length of the skin
wound(external component). Skin wound edges are
usually smooth, sharp, no bruising and no excoriation.
The main problem with cut wounds is to distinguish them
from concussion wounds or rupture, which are nothing but
skin tears, caused by a force contusion impact with a hard
surface or a blunt body. The most commonly used tool
causing a stab wound is a knife, vulnerable agent which by
virtue of its high profile and shape and sharp edges can also
produce cut wounds (Photo No. 7 and 8).
Typically, knives have a smooth blade, single-edged,
with sharp tip and blades usually have a length of about and
10-20 centimeters and are in the category of kitchen knives,
hunting knives, or knives of fishery.
Rarely, other objects such as screwdrivers, bits of
glass, scissors, stakes, etc.. can be used to cause wound
stabbed.
The force required to pierce the skin depends on the
configuration of the tool and the cutting edge and the
sharpness of the blade tip .Once it enters the skin with the
tip, the rest of the blade penetrates relatively easy in the
body and, if not it does not hit a bone, the knife penetrates
easily through the organs with a relatively small force. Thus,
even if the blade is fully implanted, this does not necessarily
mean that the knife was handled with a force of great
intensity.
Photo No. 10
Photo No. 9
689
EDITORIAL NOVELTIES
FORENSIC EVIDENCE
IN OFFENCES
AGAINST LIFE
The Publishing House of the
University of Oradea elaborated the
work Forensic Evidence in Offences
Against Life, authors: Viorel Gavra,
prime prosecutor of Prosecution Service
attached to Bihor Tribunal, Camelia
Buha and Carmen Radu, coroners.
The work approaches, in an
interdisciplinary manner, a permanently
current subject, following to present the
issues specific to an offence. The authors
emphasize the role of forensic and forensic
medicine expertises. At the same time, it presents in
detail the role of psychiatric forensic expertise.
FORENSIC
INTERPRETATION
OF MOTOR VEHICLE
PEDESTRIAN
ACCIDENT
Recently, under the care of Little
Star Publishing House, appeared
the work Forensic Interpretation
of Motor Vehicle - Pedestrian
Accident, author eng. Mircea
Fierbineanu, judicial technical
expert. About the author and
his numerous works elaborated
in our journal, in the previous numbers, a
range of data was presented.
CRIMINOLOGY
(Course notes)
In February this year, the
Publishing House Little Star Impex
S.R.L. Bucharest elaborated the
work Criminology course notes,
author Mr. general major (r) university
lect. dr. Iancu tefan, an academic of
Romanian University of Science and
Art Gheorghe Cristea Bucharest.
The book contains the following
chapters: Introduction in criminology;
Methods and techniques of investigation
in criminology; Theories and currents of
causal nature; Causes of criminality and
of criminal offences; Criminology matters
690
NOUTI EDITORIALE
Pursuant to the study performed by
several specialists of Romanian Forensic
Association, it resulted that the work
corresponds, in terms of scientific
accuracy and logics, to the investigation
of the analysed field.
The work contains the following
chapters:
General
observations
concerning judicial activity; Judicial
frame of performance of criminal
liability; Evidence and means of
evidence in criminal proceedings
legislation; Investigation on site
procedural activity; Disposing
and valuing forensic expertises in
violent deaths; Forensic expertise;
Forensic medicine expertise;
Psychiatric forensic expertise.
I congratulate the authors for their valuable work.
V. LPDUI
This work is addressed mainly to the specialists
preoccupied with the study of road
traffic or special accidentology, as the
motor vehicle - pedestrian case.
The work includes the following
chapters: Accident with pedestrians;
Analysis of the motor vehicle form;
Biological traces of accidents with
pedestrians; Collisions motor vehicles pedestrians on high speeds (over 70km/h);
Simulations of motor vehicle - pedestrian
accident; USD expertise; Reconstitution of
motor vehicles - pedestrians accidents.
At the end of the book, the author
presents a brief forensic dictionary and
annexes with photos related to some issues
of the work.
Renata-Minodora WATSON
related to the personality of criminal and
dynamics of passing to criminal act; General
matters related to social reaction against
criminogenic phenomenon; Prevention of
crimes and treatment of delinquents.
For documentation, the author used
bibliographical materials both from the
country and abroad.
Since Mr. general major (r) university
lect. dr. Iancu tefan worked for many
years in Romanian Police, managing
to study the causes of crimes, the work
presents opinions and conclusions of
certain scientific value, which may be
extremely useful for those interested
in this field.
Renata-Minodora WATSON
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