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TO THE ATTENTION

OF THE ROMANIAN FORENSIC


ASSOCIATIONS MEMBERS
AND THOSE WHO ARE INTERESTED
Between 26th 27th of October 2011,
the Romanian Forensic Association and the
Forensic National Institute, in partnership
with Gheorghe Cristea Romanian
University of Science and Art and with the
International Agency for Crime Prevention
and Security Policy, will organize the
Forensic International Conference having
the theme: New techniques and methods
used in forensic.

The event will start at 8.30, at the


Culture House of the Ministry of
Administration and Interior, Mihai Vod
Str., nr. 17, Bucharest, at the ground
floor room.
Other information in relation to this
event, can be provided by contacting
us at the following telephone numbers:
021.210.33.44 or 0740.060.696.

N ATENIA MEMBRILOR
ASOCIAIEI CRIMINALITILOR
DIN ROMNIA
I A CELOR INTERESAI
n zilele de 26 i 27 octombrie 2011,
Asociaia Criminalitilor din Romnia i
Institutul Naional de Criminalistic, n
parteneriat cu Universitatea Romn
de tiine i Arte Gheorghe Cristea
din Bucureti i Agenia Internaional
pentru Prevenirea Criminalitii i Politici
de Securitate, vor organiza Conferina
Internaional de Criminalistic cu tema
Noi tehnici i metode care se folosesc n
criminalistic.

Manifestarea se va desfura,
ncepnd cu ora 08.30, la Casa de
Cultur a Ministerului Administraiei
i Internelor, str. Mihai Vod, nr.17,
Bucureti, sala de la parter.
Alte date n legtur cu aceast
manifestare se pot obine la telefoanele
021.210.33.44 sau 0740.060.696.

ncepnd cu luna martie 2011, Revista Romn de Criminalistic


a fost introdus n Categoria B+ de ctre Consiliul Naional al Cercetrii
tiinifice din nvmntul Superior (CNCSIS) - Cod 687 CNCSIS
Revista este indexat n bazele de date internaionale recunoscute
de Panelul 4 - tiine Sociale (tiine juridice)
din cadrul CNATDCU. (Consiliul Naional de Atestare a Titlurilor,
Diplomelor i Certificatelor Universitare)

THE SCIENTIFIC BOARD

TABLE OF CONTENTS
Pag.
797. 10 YEARS SINCE THE FOUNDING OF ROMANIAN
FORENSIC ASSOCIATION
DAN VOINEA,
VASILE LPDUI
799. SERIAL KILLERS: SIGNATURE VERSUS MODUS OPERANDI
VIOREL VASILE
801. REFLECTION ON THE FUNDAMENTAL PRINCIPLE OF LEGALITY
IN A CRIMINAL TRIAL
NICOLAE GROFU
805. COMMUNICATION AND RELATIONSHIP BETWEEN PROSECUTORS
AND PERSONS WITH DISABILITIES
GABRIEL RU
811. CHARACTERISTICS OF INVESTIGATING CRIME IN THE FIELD
OF PUBLIC PROCUREMENT
PETRIC-MIHAIL MARCOCI
814. ANALYZING SEGMENTS OF FOOTWEAR IMPRINTS
GHEORGHE PESCU
PAUL CHENDE
817. PRIORITY ACTIVITIES TO BE FOLLOWED DURING AN IT RAID
TUDOR AMZA
MIRCEA BOGOS
820. INVESTIGATION OF THE AGING PROCESS OF SCRIPTURAL
MATERIALS SUCH AS INKS AND BALLPOINT INKS
FOR PENS BY THERMAL DESORBTION COUPLED WITH GAS
CHROMATOGRAPHY MASS SPECTROMETRY
MARIA GEORGETA STOIAN
ELENA GALAN
828. HOMICIDE BY DECAPITATION FROM THE PERSPECTIVE
OF FORENSIC ENTOMOLOGY
LAVINIA PAUL
ANA-MARIA KRAPAL
ANA-MARIA PETRESCU
830. SPECIAL EVENTS AND TERRORISM - HISTORICAL REFERENCES (IV)
VASILE LPDUI
835. SOME REFLECTIONS ON THE LINK BETWEEN CIVIL LAW
AND FORENSIC SCIENCE REGARDING TESTAMENT EXPERTISE
OANA FLORENTINA ISPAS
840. MAIN PROCEDURES, GUIDES, PRACTICES DEVELOPED
IN THE FIELD OF CYBERCRIME OFFENSES
IONI GHEORGHE-IULIAN

Romanian Journal of Forensic Science was assessed


and classified by the National Board for Scientific
Research in the Higher Education (N.B.S.R.H.E.)
at the category B+ with the Cod 687 (N.B.S.R.H.E.)

The authors are liable for


the content of the articles
published.

Honorary Chairman:
Academician Marius SALA,
vice-chairman of the Romanian Academy
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;
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;
Eng. assistant prof. Dian POPESCU,
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;
Chief commissary Georgeta STOIAN PhD, Forensic Science Institute
within General Inspectorate of Romanian Police;
Chief commissary Octavian Conicescu PhD, Forensic Science Institute
within General Inspectorate of Romanian Police;
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.

Editor: Vasile LPDUI


Deputy managing editor: Nicolae GROFU
Editors: Cristian DIACONESCU, Nicolae SAVU, Rzvan DOBRCEANU, Stelua GREJDINOIU, Renata-Minodora
WATSON, Elena-Daniela DUMITRU, Mihaela Irina CONSTANTINESCU, Marin RUIU,
Horaiu MNDESCU, Cristian DUMITRESCU
Translation: Rzvan DOBRCEANU, Renata Minodora WATSON
Treasurer: Mihai IVANICI
Editorial secretary general: Alexandru BARBU
Chairman of the Auditors Committee: economist COSTIC TNASE
Advertising and distribution: Liviu OPREA and Mihai IVANICI
Accountancy: ILEANA-CAMELIA GRIGORE
Phone: 021.210.33.44; 0721599552; E-mail: asociatiacriminalistilor@yahoo.com
Photo: Rzvan RIZEA, Emanuel APETREI and Mihai MRZA
The journal was founded in March 1999 by the prof. VASILE LPDUI
The journal was elaborated by Romanian Forensic Association and recognized by the Romanian Government as being of public
utility, by way of the Resolution no. 1240/2005; Certificate of Registration of the Legal Person without patrimonial purpose no. 17
from 26.02.2002, issued by the Court of Law of District no. 3, Bucharest; Authorization no. 44/PJ/2002, 80-3/12.997; fiscal code
no. 14523220; new account: 2511.E01.0.564199.0080.ROL.6;
IBAN code RO58RNCB0080005641990006 - B.C.R., Sala Palatului Branch, Bucharest; Certificate of Registration
of the Brand at O.S.I.M. no. 78602
www.asociatiacriminalistilor.ro; asociatiacriminalistilor@yahoo.com

Editor: Romanian Forensic Association,


Dacia Avenue no. 55, district 1, phone 021 210.33.44
Typography: Marius Rou

I.S.S.N. 2069-2617

10 RON

C U P R I N S
Pag.
797. 10 ANI DE LA NFIINAREA ASOCIAIEI CRIMINALITILOR DIN ROMNIA
DAN VOINEA,
VASILE LPDUI
799. SEMNTURA VERSUS MODUS OPERANDI LA CRIMINALII N SERIE
VIOREL VASILE
801. REFLECII ASUPRA PRINCIPIULUI FUNDAMENTAL AL LEGALITII PROCESULUI PENAL
NICOLAE GROFU
805. COMUNICAREA I RELAIONAREA ORGANELOR DE CERCETARE PENAL CU PERSOANELE CU DIZABILITI
GABRIEL RU
811. PARTICULARITI ALE INVESTIGRII CRIMINALITII DIN DOMENIUL ACHIZIIILOR PUBLICE
PETRIC-MIHAIL MARCOCI
814. VALORIFICAREA URMELOR DE NCLMINTE FRAGMENTATE
GHEORGHE PESCU
PAUL CHENDE
817. ACTIVITI PRIORITARE DE EXECUTAT N CAZUL UNEI PERCHEZIII INFORMATICE
TUDOR AMZA
MIRCEA BOGOS
820. INVESTIGAREA PROCESULUI DE MBTRNIRE A MATERIALELOR SCRIPTURALE DE TIPUL CERNELURILOR I PASTELOR
PENTRU PIXURI PRIN DESORBIE TERMIC CUPLAT CU GAZ CROMATOGRAFIE I SPECTROMETRIE DE MAS
MARIA GEORGETA STOIAN
ELENA GALAN
828. OMUCIDEREA PRIN DECAPITARE DIN PERSPECTIVA
ENTOMOLOGIEI JUDICIARE
LAVINIA PAUL
ANA-MARIA KRAPAL
ANA-MARIA PETRESCU
830. TERORISMUL I EVENIMENTE DEOSEBITE - REPERE ISTORICE (IV)
VASILE LPDUI
835. UNELE REFLECII ASUPRA LEGTURII DREPTULUI CIVIL CU TIINA CRIMINALISTICII N MATERIA EXPERTIZEI TESTAMENTULUI
OANA FLORENTINA ISPAS
840. PRINCIPALELE PROCEDURI, GHIDURI, PRACTICI DEZVOLTATE N DOMENIUL CERCETRII INFRACIUNILOR
DIN SFERA CRIMINALITII INFORMATICE
IONI GHEORGHE-IULIAN

TO THE ATTENTION OF READERS


AND OF COLLABORATORS!

The next issue of the journal will come out on


December 2011. Those who are interested to
purchase our publication could address the forensic
services from the inspectorates of county police
and from the Bucharest Municipality Police. The
materials also given to publication, accompanied
by the necessary illustrations, will be sent to the
editorial office, also through the forensic services, to
Forensic Science Institute of General Inspectorate of
Romanian Police.

Theoretical and practical solutions are the


opinions of the authors of articles published

796

The printing approval was given by the editorial chief.


The persons interested could address
the editorial staff for the translation in English language
of each article.

TO THE ATTENTION
OF READERS
Romanian Journal of Forensic Science is available
on journals.indexcopernicus.com
INDEX COPERNICUS INTERNATIONAL

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Editorial

10 YEARS SINCE THE FOUNDING OF ROMANIAN


FORENSIC ASSOCIATION
10 ANI DE LA NFIINAREA
ASOCIAIEI CRIMINALITILOR DIN ROMNIA
Major general (r) associate professor PhD Dan VOINEA
prime vice-president of Romanian Forensic Association
Col. (r) prof. Vasile LPDUI
general secretary of Romanian Forensic Association
Abstract
On October 25, 2001, at the initiative of a group of forensic specialists, police officers
and academics, was established the Romanian Forensic Association, approved in March
by the District 3 Court as a Romanian non-profit legal person, with apolitical, educational
and scientific character, aimed at promoting among forensic specialists, magistrates, police,
prosecutors, lawyers, coroners and to other persons views, methods, specific procedures,
technical and scientific means to improve the act of justice. All this shall effectively prevent
and combat crime.
In its 10 years of existence, Romanian Forensic Association, with over 2000 members,
has managed to meet the objectives set out in the Statute, and through its scientific
events and organized activities has contributed by strengthening and increasing the force
of Romanian forensic science, an area which, by its tradition and level of performance,
Romania can compare with the achievements of the most advanced countries in Europe
and worldwide.
Some of the activities organized by the Association are listed in this article. However,
there are references to some failures of the Association.
Key words: anniversary, founding the Association, activities, contributions to the
development of forensic science; Board of directors.
Rezumat
n ziua de 25 octombrie 2001, la iniiativa unui grup de criminaliti, poliiti i cadre
didactice universitare, s-a constituit Asociaia Criminalitilor din Romnia, fiind aprobat
de Judectoria Sectorului 3, ca persoan juridic romn non-profit, cu caracter
apolitic, educaional i tiinific, avnd ca scop promovarea n rndul criminalitilor,
magistrailor, poliitilor, procurorilor, avocailor, medicilor legiti i al altor persoane a
unor opinii, metode, procedee specifice, precum i a mijloacelor tehnico-tiinifice care s
contribuie la perfecionarea actului de justiie, de natur s previn i s combat eficient
infracionalitatea.
n cei 10 ani de existen, Asociaia Criminalitilor din Romnia, prin cei peste 2000
de membri, a reuit s ndeplineasc obiectivele prevzute n Statut, iar prin manifestrile
tiinifice i toate activitile organizate, a contribuit la consolidarea i creterea forei
criminalisticii romneti, un domeniu n care, prin tradiia i nivelul performanelor sale,
Romnia se poate compara reuitelor rilor celor mai avansate din Europa i din lume.
O parte din activitile organizate de Asociaie sunt prezentate n acest editorial.
Totodat, se fac referiri la unele nempliniri ale Asociaiei.
Cuvinte cheie: aniversare; nfiinarea Asociaiei; activiti desfurate; contribuii la
dezvoltarea tiinei criminalistice; Consiliul Director.
The issue concerning the foundation of a Romanian
Forensic Association was discussed in May 1974, on
the occasion of national Symposium on the topic
Romanian Forensic School organised on the level
of the Ministry of Administration and Interior, scientific
manifestation liable to valorise the experience acquired
in time by forensic specialists in preventing, discovering
and researching the crimes, by using some work means,

methods and procedures more and more advanced, put


at disposal by contemporary science and technique.
Those who supported the proposal of incorporation of this
Association were the generals Jean Moldoveanu, Octavian
Pop and Ioan Olaru; the academic staff Camil Suciu, Moise
Terbancea, Tiberiu Bogdan and Ioan Quai; the forensic
specialists Ion Anghelescu, Lucian Ionescu, Constantin

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

797

urai, Nicolae Dan, Vasile Lpdui, Simion Ionescu, Cornel


Panghe, Lupu Coman, Mircea Constantinescu, Constantin
Aionioaie, Ioan Vicol, Ion R. Constantin, Petre Dume,
Nicolae Ionescu, Eugen Sandu, Alexandru Radu, Nicolae
Coca, Dumitru Ceacanica, Ion Sintea, Gheorghe Pescu,
Ion Sima, Gheorghe Bratu; coroners Dan chiopu, Dorin
Banciu, Ioan Droc, Valentin Mrgineanu, pharmacist Marcela
Boia, biologist Lia Vasiliu, as well as other participants
(biologists, mathematicians, chemists etc.).
With all steps undertaken, one didnt manage to found
the Association, some initiators dying and the following
generations werent concerned with this issue, being absent
a proper legislation. On the initiative of a veteran of forensic
science, col. (r) Vasile Lpdui, starting with the year 1998,
then coordinator editor at Romanian Police Magazine,
supported by generals Lazr Crjan and Dan Voinea, univ.
prof. PhD Emilian Stancu and prof. Vladimir Alexandrescu,
founded Romanian Journal of Forensic Science, managing
to edit the first number of this publications, with his own
financial funds.
The collective involved in the elaboration of Romanian
Journal of Forensic Science decided, on October 25th 2001,
during a general meeting, to found the Romanian Forensic
Association, entrusting the position of president to univ.
prof. PhD Emilian Stancu and that of general-administrator
secretary to col. (r) prof. Vasile Lpdui. Subsequently,
by a judgement of District 3 Court, it was approved the
founding of Association, having recorded up to present over
2000 members (specialists in the field of forensic science,
police, prosecutors, magistrates, lawyers, academic staff
and institutions of education of Ministry of Administration
and Interior, master students, students etc.).
By Governmental Decision no. 1240/2005 (published in
the Official Bulletin of Romania, Part I, Year 17 (XVII) no.
939), Romanian Forensic Association was acknowledged
as being of public utility and by Governmental Decision no.
1544 dated November 1st 2006 (published in the Official
Bulletin of Romania, Part I, No. 916-10.11.2006), Romanian
Forensic Association received for free use the apartment
no. 1 situated on Dacia Avenue, no. 55, 1st district,
Bucharest, space in private field of state and managed by
the Autonomous Administration Administration of Patrimony
of State Protocol.
In this space offered, Romanian Forensic Association
arranged its seat with a view to perform its main purpose
stipulated in the Articles of Association: promoting among
forensic specialists, magistrates, police, prosecutors,
lawyers, students and master students and among other
persons, of some opinions, methods, specific procedures,
as well as of some technical-scientific means which may
contribute to the improvement of the act of justice, meant
to prevent and fight efficiently against crime. Among the
activities performed, we state the following:

According to the approval of National Authority


for Scientific Research, Romanian Forensic Association
drew up 21 works of technical-scientific research related
to the identification of crime methods of criminals and the
investigation of crimes. Some of these (such as: identifying
the person after voice and speaking new methods in the field
of judicial chemistry, genetic prints and judicial entomology
etc.) were appreciated abroad, including in U.S.A.;

Elaboration of some methodologies, procedures


and crime techniques which may render efficient the judicial
activity such as: methodology of investigating the crime
scene; methodology of investigating road and air accidents;
methodology of criminal investigation of terrorism acts;
valuation of traces and of the other means of criminal
evidence by technical-scientific findings and expertises;
methodology of investigating the crimes committed with
violence etc;

798

Organisation, on different current topics, of 14


international symposiums, every time with the participation
of 400-600 persons from 15-20 countries.
By these symposiums, it was followed the knowledge
and alignment to international practices of the procedures
and specific technical means which may improve the work
in forensic field, to increase its efficiency and its scientific
support. A symposium referred to the improvement of
Criminal Code and the Code of Criminal Procedure, the
proposals made on this occasion were forwarded to
Parliament, being appreciated;

Organisation of some exhibitions with new technical


means used in the activity of forensic and laboratory
research, to which participated famous companies from
abroad, including from U.S.A. and Great Britain;

Performance of some activities of collaboration and


exchange of experience with some specialised institutions
from abroad (U.S.A., Great Britain, Germany, Moldova R.,
Latvia, Poland etc.);

Editing 77 numbers of Romanian Journal of


Forensic Science with a circulation of 125.000 copies.
The National Council of Scientific Research in the Higher
Education decided our journal to be a part B+ category.
Romanian Journal of Forensic Science is edited as well in
English.
There are positive appreciation from all forensic
departments in European Union countries and United States
of America concerning the content of Romanian Journal of
Forensic Science. In the Scientific Council of this publication,
have been attracted as well valuable specialists from these
countries, some of them published scientific articles with a
theoretical and practical value.
Since its publication, Romanian Journal of Forensic
Science was spread for free, each number being provided in
500-700 copies to libraries within universities, to the Ministry
of Administration and Interior, to prosecution departments,
faculties of law and some forensic departments abroad with
which Romanian Forensic Association collaborates, as well
as to some students and master students;

Editing and distribution for free to forensic structures,


institutions of constitutional state, faculties of law, in a
circulation of 1000 copies, the communications presented
within 12 international forensic symposiums organised by
Romanian Forensic Association, in partnership with the
National Forensic Institute from General Inspectorate of
Romanian Police.

Every year, Romanian Forensic Association was


present with stand of books and publications in the halls
of juridical, civic, police and administrative book organised
by the Ministry of Administration and Interior. Every time,
on this occasion, for the content of works and publications
presented, the Forensic Association and some authors
received some degrees of excellence and some prizes.

Since 2006, Romanian Forensic Association,


according to the approval of state bodies, in partnership with
Romanian University of Science and Arts Gheorghe Cristea
and National Forensic Institute within G.I.R.P. founded the
Master studies in forensic science, which proved fully its
efficiency, the activities carried out with master students
having an applicative practical character.
In the dissertation papers of master students were
presented the conclusions drawn from the researches
performed with the support of academic staff and of specialists
from the National Forensic Institute and Romanian Forensic
Association.
Up to present, over 400 persons attended the courses of
this master. A part of graduates carry out the activity within
Romanian or abroad forensic structures.

Pursuant to the documentations performed in


several countries, the Board of Directors of Romanian
Forensic Association elaborated the Law draft concerning

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

the exercise of profession of private forensic expert, the


founding, organisation and operation of Romanian College
of Private Forensic Experts, which was discussed in all
branches of association and within a general meeting,
afterwards being forwarded to Senate. This law draft was also
approved by Legislative Council and Juridical Commission
of Senate and other commissions. In terms of article 75
paragraph (2) of 3rd thesis of Romanian Constitution, the
Senate adopted the said law draft which was sent to the
Chamber of Deputies.
On May 17th 2011, this project was rejected: 128 for;
142 against; 3 abstinences and 1 did not vote the total
number of those present 274. Subsequently, it was voted a
law by which it was amended the Emergency Ordinance no.
75/2000 in which were introduced some disposals related
to private forensic expert and private forensic laboratories.
In the transposition in practice the disposals of this law,
which was recently promulgated, the Romanian Forensic
Association shall contribute as well.
It must be stated as well that all activities were carried
out by Romanian Forensic Association with the support of
National Forensic Institute within General Inspectorate of
Romanian Police and of the branches of association.
The financial funds used by association come from
the contribution of members, from academic activities,
sponsorships and donations.
Every year, the Association organised general meetings
and published in the Official Journal, part IV the report of

activity and the financial situation, afterwards, it forwarded


the file with all documents to the Ministry of Justice
competent department.
During each general meeting, one has performed
some replacements in the structure of membership of the
Board of Directors, of the Commission of Censors and of
specialised commissions of Association, changes which
were beneficial.
Although the members of the Board of Directors of
Forensic Association are not indemnified for the activities
carried out, they contribute, as far as possible, to the
preparation and development of scientific manifestations
and academic activities organised by Association.
The financial crisis affected very much Romanian
Forensic Association as well, handling with difficulty the
payment of fees and duties stipulated by these normative
acts in force. And, on this occasion, we ask all members of
association to pay on time the contribution.
With the occasion of the 10 years of activity, the Board
of Directors of Association wish the members all the best in
their activity.
We wish the forensic specialists of current generation to
be at the best of the tradition inherited from the illustrious
passed generations.
HAPPY ANNIVERSARY!

SERIAL KILLERS: SIGNATURE


VERSUS MODUS OPERANDI
SEMNTURA VERSUS MODUS OPERANDI
LA CRIMINALII N SERIE
Police questor Vasile Viorel - General Director of
General Direction of Bucharest Police
Abstract
This article treats one of the most relevant aspects in serial killer investigations. It is
about the relation between modus operandi and the particular elements of the killers
signature.
The main theme of this article is an important aspect of the serial killer investigation,
which is the variations of killers modus operandi and their signature, the last being more
important and specific to this kind of killers.
The paper analyzes the inference of psychologycal traits in how a violent killer achieves
his fantasms.
Key words: crime scene, serial killer, signature, modus operandi, man slaughter,
victims.
Rezumat
Articolul abordeaz un aspect important n cazul investigrii criminalilor n serie, i
anume deosebirile dintre modul de operare i semntura criminalilor n serie, cea din urm
fiind mai important i specific acestui gen de ucigai.
Cuvinte cheie: criminali n serie, semntura, modus operandi, omucidere, victime.
In Crime Scene, the signature of a criminal is
sometimes evident. He proves a thorough approach in
positioning (placing) in a certain way and in a special
place the corpse. Some criminals bound the victim in
a precise and complicated way, hitting frantically and
repeatedly the victim until the occurrence of death,
sometimes even after the death occurs.
Another signature of the killer is stabbing the
victim repeatedly and in a certain area of the body.
Most times it is not important or it is less important this
thing.

In fact, the signing could be described as what the


criminal did, what acts that were unnecessary to kill the
victim he committed, such as torture, mutilation, rape, etc.
These acts are part of of his psychological mark,
something that he shouldnt have done.
John Douglas, profiler for the FBI, described the
signature as the achievement of a violent criminal
fantasies. Because this person thinks of his fantasies and
dreams it all the time, he develops a need to express them
in reality. Most serial killers live with their fantasies for years
and before dying they translate them into reality thus some

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

799

aspects of their crimes expresses its ego, its ideas, its


unique desires.
Often, the signature may be something rare or unusual.
When we find something unusual in a crime, and we encounter
again this thing in another crime, a few weeks later, we are
dealing with a unique killer. For example, if the killer has
savagely beaten the victim more than it was needed to kill
her and raped her with a steel cylinder, and then deliberately
left her in a vulnerable and degrading position, it can be
interpreted that this is unusual. Whether discover another
murder where the killer acted the same way, although some
details may change, the two crimes certainly have the same
author. The killer left his signature.
In a series of murders only the investigators with
experience can recognize the common elements and
changes from a crime scene to another, even before knowing
who the victim is. They can find the criminal signature
which is present in every homicide. This signature is
deeply rooted in the nature of the criminal and that is why
he rewrites and repeats it in every crime. The investigators
who know how to seek and find the signature of a killer,
who understand what it means will succeed more often to
solve serial crimes cases, unlike their colleagues that work in
such cases without thinking analytically. Serial killers always
have a signature either during or after killing victims.
Albert De Salvo always placed the bodies of his victims
in a grotesque and humiliating position: he raised the skirt
and bent her legs.
Kenneth Bianchi placed the body in a degrading position,
always on the same side.
William Bonin strangled his victims with the shirts they
wore and threw their internal organs are on highway.
Ronnie Shelton, a serial rapist has committed at least
30 rapes between 1983 and 1988 in the Cleveland area. He
was sentenced for 28 of them at 1,000 years in prison. He
raped young women and then ejaculated on their stomachs
or breasts, after that asked the victim to masturbate and then
he used their clothing to wipe the semen. He also forced
the victims to stimulate him orally and insisted that they
swallow his sperm. The combination of these acts revealed
the signature of rapist. The modus opreandi he used was
to attack victims in their homes choosing forest or bushy
areas. He was always wearing a ski mask, a sock or a scarf,
threatening victims with a knife and asked them to undress.
The investigators are not always able to identify
signature of a criminal. Crimes with excessive violence
upon the victims involve a high risk in identifying the
signature. Decomposed bodies or dispatch can also
prevent deciphering signature. Most people make
confusion between the modus operandi (procedure) and
signature, saying that both were the same.
The procedure is how criminals operate. Some work
only at night, others wait in their car a special victim, others
enter the house through the window, etc.. The procedure
depends on the type of victim (male, female, child, student,
adult, brunette prostitute, black) place and time the crime
was committed (house, car, vehicle, public park, highway),
the tools or equipment used (rope, knives or fire, hammer),
how the victim was approached.
Modus operandi is most important. In many cases,
investigators are so concerned about changes in the modus
operandi, even if it is a insignificant change from a crime to
another, and they think that the aggressive act is of another
person rather than a serial aggressor, even if there are
striking similarities between the crimes.
A case in which it was made a confusion was the case
regarding Arthur Shawcross who in 1989 attacked white
and black prostitutes, brunettes and blondes. The fact
that the victims were different, have directed investigators
in opposite directions and they have sought three killers
instead of one.
In order to find out wheter or not we are dealing with a
serial killer, we must establish a connection between multiple

800

murders. When trying to discover this link between murders,


the modus operandi plays a vital role. This must not be the
only criteria we use, especially when we are dealing with
serial killers, that change the way they operate, but we
must keep in mind the signature that stays the same even
if the time difference between the crimes can be measured
in years. The signature must be of great interrest to the
investigators, even greater then the common features of the
victims, when trying to see wheter or not they are dealing
with a serial killer.
Moreover, are not always as stupid as we would like to
believe. Some spend many yars in prisons and go to the
library, where they can find the same information that the
students from the Police Academy read, or they can search
the web. Thieves, rapists and murderers eventually get to
know the investigation techniques, how to interrogate a
suspect, how to determine the modus operandi, etc. After
havind read these books, the criminals deliberately change
their modus operandi from crime to crime. This seems
easy, but it can confuse the investigators that are trained to
concentrate on known modus operandi.
Here are some examples that show the difference
between modus operandi and signature:

A rapist broke into a house and threatened a couple


with a gun. He told the husband to stand facing him, asking
him to hold a tea cup placed on the bottom of a plate and
told him that if the cup would fal, his wife would die. The
criminal then took the woman into another room and rapped
her.

In another case, a rapist broke into a house and


asked the woman to call her husband home as soon as
possible, and, on his arrival, he was tied to a chair and
forced to watch as his wife was being rapped.
The first rapist used the tea cup to controle the victims
husband, and the second one not only rapped the woman
but he also fulfilled his fantasies by rapins the wife and
humiliating the husband. The sexual needs made these two
rapists sign their crimes.
In Marseille another thief made the witnesses strip but
he also made them simulate sexual positions in order to
take photos of them. The burglar in Paris used this method
in order to enlarge the time in which the cassier would call
the police because he had to get dressed first. Furthermore,
when being asked, he woul give a vague description of the
burglar, because he was more preocupied with himself and
his embarrasement than with the description of the burglar.
In the Marseille case, the thief useed useless actions in
commiting the crime. He asked the witnesses to undress
and made pictures which had nothing to do with the crime.
He left a signature though. The act of robbing the bank
doesnt fulfill his psicho-sexual needs, he wants more. The
modus operandi of a criminal can change if he finds that
other actions are more efficient.
John Douglas, FBI profiler, stated that: modus operandi
is that what is necesary to commit a crime, whereas the
signature is that which is not necessary for commiting a
crime but is psichologically important to the criminal.
The majority of serial killers feel the need to leave
a signature. It is a way of expressing themselves. This
signature never changes, it stays the same. In the courses
elaborated by the FBI profilers, the folloowinf signature
manifestations have been found:

using pornography

using contraining methods

depersonalising the victim

torture

using fotography

humiliation

positioning the body

foreign object insertion

the angle of the photography.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Bibliography:
Keppel R. Signature killers, Ed. Pocket Books, 1997,
Douglas J., Burgess A., Crime classication manual, Ed.
Pocket Books, 1992,

Douglas J., The Anatomy of motive, Ed. Pocket, 2000,


Douglas J., Mindhunter, Ed. Pocket Books, 1997,
Curs elaborat de SSA Mark Safarik, FBI, Lt. Arthur Westveer
Baltimore, Maryland Police Dep.

REFLECTION ON THE FUNDAMENTAL PRINCIPLE


OF LEGALITY IN A CRIMINAL TRIAL
REFLECII ASUPRA PRINCIPIULUI FUNDAMENTAL AL
LEGALITII PROCESULUI PENAL
Nicolae GROFU, PhD student
Associate Researcher
Legal Research Institute Acad. Andrei Radulescu , Romanian Academy
Univ. Lecturer, Al. I. Cuza Police Academy, Bucharest

Abstract
The Article approaches the issue of the fundamental principle of legality of criminal
proceedings in Romania. The author examines the ways in which this principle is provided
in the laws of other states and also express opinions on existing trends in analyzed area.
Key words: principle of legality, criminal trial, Criminal Procedure Law, Constitutional
Law, judiciary authorities
Rezumat
Articolul abordeaz problematica principiului fundamental al legalitii procesului penal
n Romnia. Autorul examineaz modalitile de asigurare a acestui principiu n legislaiile
altor state i exprim opinii cu privire la tendinele existente n materia analizat.
Cuvinte cheie: principiul legalitii, proces penal, drept procesual penal, drept
constituional, organe judiciare
1.
Introductory remarks on the fundamental
principles of the criminal trial

2. Interference
constitutional law

between

Political conception of criminal procedure, and the


inherent principles of this concept which is fundamentally
guiding regulations of the Code of Criminal Procedure, shall
operate as a primary guide in research and explanation, and
the application of the code. In order to achieve this function,
the concept and principles of criminal procedure policy
were converted by the legislature in rules of procedural
law, with the character of fundamental principles of criminal
proceedings. These fundamental rules are intended for the
criminal trial and basic rules of this trail and they have the
character of principles of criminal procedure law.1
The fundamental principles have their source in the
international and European supranational regulations
(European Convention on Human Rights and Fundamental
Freedoms of 1950 and the International Covenant on Civil
and Political Rights 1966) and in constitutional laws.2
Rules regarding the purpose of the criminal trial and
basic rules of this process are not the only rules with
character of principles in the Criminal Procedure Code, but
they represent the group of fundamental principles, which
ranks first in the hierarchy of criminal procedure principles.3
Principles of criminal procedure represent the common
law of the criminal trial and transcend the entire trial.4

Precepts of these rules have as recipients those that


are responsible to apply or to help applying the provisions
of the Criminal Procedure Code, serving them as guiding
principles. In their daily work, the judiciary bodies have
a monopoly of crime investigation operations. Criminal
procedure law that controls this monopoly is especially one
of constitutional nature.5
Following the existence of links between the revolutionary
experience and liberal constitutional law, liberal provisions
of constitutional law have been adopted in criminal matters
in England in the seventeenth century, in the United States
and France in the eighteenth century, and in Germany only6
in the first half of the nineteenth century.7
Throughout the nineteenth century and much of the
twentieth century, the criminal doctrine8 did not pay any
attention to constitutional law and constitutionalists were
content to describe their countrys political institutions,
without having the intuition that criminal procedure must be
built on constitutional basis.9
In German doctrine, is emphasized the remarkable
influence of constitutional law and, especially, of human
rights guaranteed by the 1940 German Basic Law10,
with the creation of the Federal Constitutional Court

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

criminal

law

and

801

(Bundesverfassungsgericht) in 1951. While earlier German


constitutions, and the 1789French Declaration of Human
Rights, addressed only to the legislator and had only a
political character, the Basic Law (Grundgesetz) enters
catalogs with individual guarantees11, which directly limits, in
a legal sense, all powers conferred to the state and thus to
its authorities. In Germany, the implementation and delivery
of this vast and new constitutional program12 through
constitutional jurisprudence was, as in Italy, Spain and
France, challenging not only because of the lack of tradition
in this respect, but especially because constitutional law
and criminal procedural law form two different levels, on
the one hand, in terms of values and interests and, on the
other hand, in terms of the different level of abstraction of
principles and rules13.
Rule of law principle (Article 28 of the German Basic
Law), as a general principle of constitutional order, is of
paramount importance. Rule of law principle has led, by way
of interpretation of the Federal Constitutional Court to the
recognition of the principle of intervention proportionality and
to the states obligation to guarantee a fair trial, fundamental
in matters of criminal procedure.
Federal Constitutional Court has changed German
criminal procedure in his mind, especially by introducing the
principle of proportionality and through the right to be heard
in trial before judgement (the French equivalent terminology
is the principle of contradiction). In extreme cases, out of the
rule of law principle, the Federal Constitutional Court found
an obstacle to the continuation of criminal proceedings in
case of a too long duration of them14.
The guarantees expressed in the European Convention
were taken at constitutional level by the Federal Constitutional
Court, even if the Convention itself is not regarded as having
such a rank, being directly applicable as an ordinary law 15.
The whole theory on prohibited evidence was developed
under constitutional rights and principles, especially in view
of spheres of personality (from the sphere of intimacy
and private life to the social sphere) and the principle of
proportionality 16.
These basic principles contain guidelines which find their
application throughout the lifespan of criminal proceedings,
of course, when and to the extent that their incidence is
required. In this way, criminal procedure is a course of
freedoms and fundamental rights applied in a repressive
trial 17.
3. Legality of criminal proceedings in Romania
Criminal Procedure Code doesnt show only the purpose
of criminal proceedings 18, but also the means of achieving
that aim, in this respect are established the basic rules of
criminal proceedings 19.
Realizing criminal justice, as purpose of criminal
proceedings, is possible by judicial bodies carrying out the
process according to criminal procedure law.
Art. 2, par. 1 Criminal Procedure Code contains the
fundamental principle of legality, which requires compliance
with the law of criminal procedure throughout criminal
proceedings, in all its phases.
In the systematization of criminal proceedings, the
positioning of the principle of legality ahead of other basic
rules is explained by the requirement that even their
incidence to comply with the law; so the interference of
principles, usually, the principle of legality reflects on the
others. Compliance with these basic rules, during the
procedural activity, results from the findings contained in the
material of the criminal trial file.
From the constitutional precept requirement of
compliance with the Constitution, its supremacy and of

802

laws20, which underpins our whole system of law, follows


the principle of legality of criminal proceedings, which
expresses the requirement that it must be conducted under
the laws provisions 21. Criminal justice would not be possible
to realize if the process might also perform differently than
specified in the law of criminal procedure. Procedure Code
regulates precisely, completely and systematically the
criminal proceedings, so that it can achieve its goal. It is
natural that one of the basic rules of the code to enforce
compliance with legal regulations in the correct conduct of
any criminal proceedings. This way, the principle of legality
is giving paramount importance to the Code of Criminal
Procedure. 22
The principle contained by this basic rule regards
procedural legality in realizing the criminal justice (nulla
justitia sine lege), the substantial legality of which is secured
by the fundamental principle of criminal law on the legality of
criminal incriminations and sanctions 23 (nullum crimen sine
lege, nulla poena sine lege). Procedural legality should,
according to the basic rule regarding the purpose of criminal
proceedings, ensure compliance with substantial legality,
but not substituting it 24.
The basic rule of legality 25 lies in compliance with the
provisions of criminal procedure law throughout the criminal
proceedings, in all its phases, both during the criminal
investigation and trial stage and during execution phase. 26
Also from the principle of legality emerges the result
that criminal laws must be interpreted restrictively; it is not
an absurd literal interpretation, but a setting as concrete as
possible of the meaning of the law of criminal procedure, in
conjunction with the text expression. 27
The realization of the basic rule of legality is ensured,
as any procedural rule, by establishing the procedural
guarantee 28 of invalidity in the cases and conditions provided
by art. 197 of the Criminal Procedure Code. Nullity is
virtually contained in any rule of criminal procedure. 29
Apart from some special cases 30, for which is established
the sanction of absolute nullity 31, generally, nullity applies
only where the breach caused an injury that cant be
rebutted only by canceling the unlawful act. Therefore, a
breach of procedural legality remains ineffective if it didnt
cause any injury or the damage can be removed otherwise.
This confirms the relative principle of legality in the criminal
procedure code system. The correction of this relativity is
the possibility that the court has to cancel the unlawful act,
when it considers that the removal of the act is necessary
for finding the truth and for a fair resolution of the case 32. If
the court believes that the removal of the unlawful act is not
necessary, the act retains procedural efficiency. 33
Another guarantee of the legality of criminal proceedings
is the regulation and supervision of judicial control, ex officio
or at the request or following the exercise of appeal used by
interested persons, means providing the discovery of laws
violations and the application of appropriate sanctions. Thus,
the activity of criminal investigation bodies is supervised
by the prosecutor 34, the prosecutors activity is subject to
review of the superior Prosecutor 35 and to the court 36; the
legality of the court decision is verified by the court that
resolves the appeal, as an ultimate control is operating the
High Court of Cassation and Justice.
Trial legality involves some limitations that exist in any
law of criminal procedure; limits in application of this principle
are determined by provisions of criminal procedure law 37
and are explained by the need to respect a discipline in the
process, in order to achieve its goal in a reasonable time.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

4. The principle of legality. Present and perspective


The offense and the circumstances that identify the
offender, spending in the objective reality, could and should
be known exactly and completely by judicial authorities, and
the realization of this requirement depends on the efforts
made, on the professionalism of those who conduct the
research, on the used procedures. Yet in finding the truth
exist limits, resulting, on the one hand, from the difficulties
of knowing the facts and circumstances committed with
intent to remain undiscovered, and on the other hand, from
the obligation of judicial bodies to administer evidence in
accordance with the provisions of the law, which, sometimes,
may influence the reality. 38
Legal reality delay from the objective reality is directly
proportional with justice delay 39, its management is a
tangible goal only if law keeps up with life. Hereof, results
an objective need to have a modern criminal process,
characterized by flexibility, governed by simplified and
accessible rules. Must be accepted that the gap cant be
removed, but may be reduced and for this criminal procedure
law should be as close as possible to objective reality.
Increased crime rate is a sign that are developing and
improving both the methods by which people commit crimes
and those criminals are mobilized with. Crime rate is evolving
rapidly both quantitatively (number of crimes committed),
and qualitatively (new types of crime, new methods of
committing, higher earnings lower risk). Legislative reaction
always comes late, and when rules govern the methods of
combating forms of crime, offenders adapt their behavior;
the offender, when he observes that the legislator founds
the antidote, founds the solution to catch him, will seek new
ways of committing or hiding the commission of an act.
Social phenomena are occurring rapidly, and the mobility
of some of them, cant be anticipated. The Authorities
response is often outside the precepts underlying a
democratic society, with obvious violations of human rights.
Important changes occurring in society, in legal thinking and
legal practice, inevitably, must be reflected in the legislation
regarding criminal procedure 40. This dynamic of the reality
can only be followed by the legislator, it is a fatality that life
is faster than the legal norm. The phenomenon is specific
to contemporary globalizing era. A possible explanation
may lie in the very existence of the principle of legality in
criminal procedural law. In the specialty literature 41, was
showed that, among the criticisms that were made to the
principle of legality, most of them have stressed that the law
of criminal procedure based on this principle cant keep up
with a reality that is continually changing, changes which
are occurring in society. Thus, certain procedural means
may remain unforeseen by the law, they could be made
available to judicial authorities in order to manage evidence
for new forms of criminal events or new methods used
by the offenders, as would be regulated some procedural
means which do not contribute to finding the truth in criminal
proceedings. In this regard, you might think that criminal
laws, which do not include the principle of legality, despite
a certain arbitrariness by the fact that the judge is one
who creates the right, nevertheless it has the advantage
that can provide the necessary support to judicial bodies
in relation to immediate needs. Despite these criticisms
giving up the principle of legality of criminal proceedings is
not justified, as reported shortcomings are much lower than
the dysfunctions that might occur in violation of the rules to
ensure fundamental rights and freedoms by judicial bodies.
In legal practice in Germany, exists a way to reconcile
principle of legality with that of reality, the interpretation of
the fundamental law and the law of criminal procedure, so
that the meaning intended by the legislator to be added or

to be substituted, after case, another content that might


correspond to the surrounding realities and changes in
society. Thus, German courts make a praetorian work, an
adaptation of law to the needs of the society, not just law
enforcement in her letter and in the sense desired by the
legislator.
Like other constitutional courts, the Federal
Constitutional Court of Germany, for a while, often uses the
criterion of efficiency or effectiveness of criminal justice. At
first glance, this might seem reactionary and objectionable
in appearance. However, a detailed analysis of relevant
cases shows clearly that this criterion is not used by the
Federal Constitutional Court to narrow the procedural rights
guaranteed, but just to make them comply with the limits that
the legislator has explicitly drafted to use these rights42.
In addition, all German courts have the right and
obligation to interpret criminal law in accordance with the
Constitution (verfassungskonforme Auslegung), in order to
avoid, if possible, declaring its rules as inconsistent with the
Constitution. It is recommended to be of general application
the principle that say laws must be interpreted rather in a
sense to preserve their meaning than their cancellation
requiring them to be incompatible with the provisions of
the constitution 43. Therefore, criminal court activity is
controlled more intensively than legislators activity. 44
Multiple concerns in this area have meant that French
authors, and especially those German 45 to talk at first
about the existence of a German criminal constitutional law,
as recently to be shaded the nature of this law, renaming it
German constitutional criminal law, which includes examining
both substantial criminal law and criminal procedure, through
the incidence of constitutional norms. Taking into account
the paramount influence of constitutional law on criminal
procedure in doctrine 46, was expressed the idea that we
are almost tempted to see in criminal proceedings a colony
of constitutional law, which would be quite excessive.
And the United States Supreme Courts of Justice in
each state are primary generators of rules governing the
conduct of police, prosecutors and other actors who manage
criminal proceedings 47.
In this context, given the complexity of the field, we think
that would not be without interest and practical utility to set
up - on the model established in Germany and accepted
in France and the United States of America - criminal
constitutional law in Romania, bringing together elements
of constitutional law, criminal law, criminal procedure, public
international law, legal protection of human rights, European
Union law, to ensure effective protection of human rights
and fundamental freedoms in criminal proceedings.
As a ferenda law, we consider that it would impose, on
the model of the rule of law in Germany, to reinforce the
impact of the purpose of criminal proceedings during the
criminal proceeding itself, in order to play a significant role
in adapting a Romanian criminal trial to the requirements
of a modern European criminal trial, by deduction from
the purpose of the trial of some principles which arent
specifically regulated.
Bibliografie
1. Vintil Dongoroz, Regulile de baz i aciunile n procesul
penal, n Vintil Dongoroz, Siegfried Kahane, George Antoniu,
Constantin Bulai, Nicoleta Iliescu, Rodica Mihaela Stnoiu,
Explicaii teoretice ale Codului de procedur penal. Partea
general, vol. I, Editura Academiei Romne, Bucureti, 1975,
p. 29.
2. Brigitte Pesquie, Yves Cartuyvels, The Belgian System,
n Mireille Delmas-Marty, John R. Spencer, European Criminal

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

803

Procedures Cambridge University Press, 2002, p. 82, text


available at the following electronic address http://books.
google.com/books?id=epTsD3_6DVMC&pg=PR3&source=gb
s_selected_pages&cad=3#v=onepage&q&f=false (consultat la
data de 27 iulie 2011).
3. Vintil Dongoroz, Regulile de baz , p. 30.
4. For details, Coralie Ambroise-Castrot, La Procdure
pnale, 2e dition, Gualino, Paris, 2009, p. 135-156.
5. Joel Samaha, Criminal Procedure, 7th edition, Wadsworth
USA, 2008, p. 4.
6.This has led, with frequent inhalation of existing institutions
in constitutional law in France, UK and USA, to creating the
most important liberal constitution in the nineteenth century the German Constitution of 1848.
7. Knut Amelung, Constitution et procs pnal en Allemagne,
Revue de science criminelle et de droit pnal compar, 1994,
p. 459.
8. The first criminal law professor who wrote that criminal
law is in close relations with constitutional right was Joseph
Magnol, Cours de droit criminel et science pnitentiaire 1928,
p. 67, nr. 53-1. (About twenty lines out of 800 pages).
9. Jean Pradel, Les principes constitutionnels du procs
pnal, Cahiers du Conseil constitutionnel nr. 14 (Dossier:
La justice dans la constitution), mai 2003, text disponibil
la adresa electronic http://www.conseil-constitutionnel.fr/
conseil-constitutionnel/francais/cahiers-du-conseil/cahier-n14/les-principes-constitutionnels-du-proces-penal.52018.html
(consultat la data de 3 august 2011).
10. Inspired by the German Constitution in 1848 after the
U.S. Constitution, the most important allies of the victors.
11. Articles 101-104 of the German Basic Law provide
the following specific fundamental rights of criminal justice:
the prohibition of special tribunals, the legal right to be tried
by a judge (Recht auf den gesetzlichen Richter), the right to
be heard in court (Anspruch auf rechtliches Gehr), non bis
in idem, habeas corpus, prohibition of inhuman treatment of
any principle nullum judicium sine lege. Article 1-19 of the
German Basic Law establish a general catalog of fundamental
rights, which apply in criminal matters only in case of more or
less difficulty in interpretation: human dignity, the right to free
development of personality, equality before the law, freedom of
belief, conscience and religion, freedom of expression, press
freedom, freedom of information, right to assemble peacefully
and without arms, freedom of movement, right to resistance. It
protects the fundamental rights and institutions such as family,
property, nationality, address, profession and trade union
freedom, the right to correspondence. Although the German
Basic Law makes no explicit reference to the right of defense,
the presumption of innocence and the prohibition obligation
to self-incrimination (nemo tenetur be ipsum accusare), these
rights have been deducted from the rule of law (for details, Knut
Amelung, op cit.., p. 460-461).
12. . German constitutional jurisprudence has proved,
with relatively few exceptions, caution and control only from
the perspective of procedural law legislators excesses, the
Federal Constitutional Court declaring invalid any rule of law
for any reasons of unconstitutionality found.
13. Klaus Tiedemann, La constitutionnalisation de la
matire pnale en Allemagne, Revue de science criminelle et
de droit pnal compar, 1994, p. 1-2.
14. Neue Juristische Wochenschrift, 1984, p. 967.
15. Antje du Bois-Pedain, German criminal procedure, p. 6
text disponibil spre consultare la adresa electronic www.law.
cam.ac.uk/faculty-resources/10006368.pdf (consultat la data
de 6 august 2011).
16. Klaus Tiedemann, La constitutionnalisation de la
matire pnale en Allemagne supra cit., p. 11.
17. Coralie Ambroise-Castrot, op. cit., p. 5.

804

18. Art. 1 C. proc. pen.


19. Ibidem, art. 2-8.
20. Art. 1 alin. 5 din Constituia Romniei.
21. Grigore Theodoru, Tratat de Drept procesual penal,
Ediia a 2-a, Editura Hamangiu, Bucureti, 2008, p. 78.
22. Jean-Claude Soyer, Droit pnal et procdure pnale,
20e dition, Librairie Gnrale de Droit et de Jurisprudence,
Paris, 2008, p. 14.
23. Art. 2 C. pen.
24. Vintil Dongoroz, Regulile de baz ., p. 42.
25. The principle of legality of criminal proceedings has
a broader sense, expressed by the following requirements:
criminal proceedings shall be conducted only by the authorities
established by law, in the composition and with the competence
provided by law; judicial authorities and parties, defenders and
their representatives should act only according to law and
procedural forms prescribed by law; judicial authorities must
respect the procedural rights of the parties and must ensure
their exercise; to solve criminal cases judicial authorities are
obliged to strictly apply the criminal law and civil law, thus
ensuring the requirements of the rule of law in combating and
preventing crime (for details Theodoru Grigore, op cit.., p. 79).
26. Article 2 Paragraph 1 Criminal Procedure Code: The
criminal trial takes place both during the criminal investigation
and during the trial, according to the provisions of law.
27. George Antoniu, Scopul legii penale i mijloacele prin
care se realizeaz, n Justiia Nou nr. 4/1966, p. 59.
28. Compliance with the law in the conduct and resolution of
criminal cases is secured with other guaranties like the judicial
fine (Article 198 Criminal Procedure Code), when are violated
some procedural obligations.
29. Vintil Dongoroz, n Ion Tanoviceanu, Tratat de drept
i procedur penal, ed. a II-a, vol. IV, revzut i completat de
Vintil Dongoroz, Corneliu Chiseli, tefan Laday, Eugen C.
Decusar, Tip. Curierul Judiciar, Bucureti, 1927, p. 35.
30. Ibid, art. 197 par. 2: The provisions regarding the
competence or the quality of the person, the court referral,
its composition, its advertising and hearing are provided
under cancellation. Furthermore, are subject to cancellation
the provisions relating to the prosecutor, the presence of
the accused and assisting him by the defender, when are
compulsory by law, and for making the referral for assessment
in cases involving juvenile offenders.
31. Absolute nullity may be invoked in any state of the
process, is taken into consideration even from the office and
can not be removed in any way.
32. Art. 197 alin. 4 partea final C. proc. pen.
33. Vintil Dongoroz, Regulile de baz ., p. 42.
34. Art. 218 i art. 275 C. proc. pen.
35. Ibidem, art. 209 alin. ultim i art. 278.
36. Ibidem, art. 1402, 159, 278, 302 i 345.
37. For example, irrelevant violations of law, which had no
negative influence on criminal proceedings and fair settlement
of the case, do not entail the nullity of the acts which occurred,
exceeding the time limit for challenging a court ruling draws
maintenance , although it is possible to have broken the law in
that case.
38. Pentru detalii, Grigore Theodoru, op. cit., p. 80, 83, 86.
39. For details, Home Office, Narrowing the Justice
Gap (2002), p. 5-7, text available at http://www.cps.gov.uk/
publications/docs/justicegap.pdf. (consultat la data de 24
iulie 2011). The Justice Gap concept characterizes the
ratio of criminal cases notified and the cases to be decided,
where perpetrators are duly punished for the criminal acts
committed.
40. George Antoniu, Observaii la proiectul noului Cod de
procedur penal (I), n Revista de drept penal nr. 4/2008,
p. 10.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

41. Pentru detalii, George Antoniu, op. cit., p. 59-60.


42. Klaus Tiedemann, Verfassungsrecht und Strafrecht,
Verlag Mller, Heidelberg, 1991, p. 21 i urm.
43. Volker Haak, Normenkontrolle und Verfassungskonforme
Gesetzesauslegung des Richters/ Controlul normelor i
interpretarea legii de ctre judector n sens compatibil
cu Constituia, Verlag Ludwig Rhrscheid, Bonn, 1963, n
Revue internationale de droit compar, 1966, vol. 18, p. 306,
text disponibil la adresa electronic http://www.persee.fr/
web/revues/home/prescript/article/ridc_0035-3337_1966_
num_18_1_14533 (consultat la data de 3 august 2011).
44. Klaus Tiedemann, La constitutionnalisation de la
matire pnale en Allemagne supra cit., p. 12.
45. David Capitant, Cline Fercot, Droit constitutionnel
pnal allemande, Revue de science criminelle et de droit
pnal compar, 2003, p. 184 i urm; Thomas Weigend, David
Capitant, Felicitas Feisel, Droit constitutionnel pnal allemande,
Janvier 2003-Fvrier 2004, Revue de science criminelle et de
droit pnal compar, 2004, p. 688 i urm.; Thomas Weigend,

David Capitant, Felicitas Wannek, Droit constitutionnel pnal


allemande, Revue de science criminelle et de droit pnal
compar, 2005, p. 619 i urm.; Juliette Lelieur, Claire Saas,
Thomas Weigend, Chronique de droit pnal constitutionnel
allemand 2007 2008, Revue de science criminelle et de droit
pnal compar, 2008, p. 676; Juliette Lelieur, Claire Saas,
Thomas Weigend, Chronique de droit pnal constitutionnel
allemand, Revue de science criminelle et de droit pnal
compar, 2010, p. 657.
46. Matthias Pechstein, Droit constitutionnel et droit pnal
en Allemagne , n Droit constitutionnel et droit pnal, sous la
direction de Jean Pradel, Travaux de lInstitut de sciences
criminelles de Poitiers, nr. 21-2000, Cujas, p. 93 i urm. apud
Jean Pradel, Les principes constitutionnels du procs pnal
supra cit.
47. Ronald Jay Allen, Joseph L. Hoffmann, Debra A.
Livingston, William J. Stuntz, Comprehensive Criminal
Procedure, 2nd edition, Aspen Publishers USA, 2005, p. 77.

COMMUNICATION AND RELATIONSHIP BETWEEN


PROSECUTORS AND PERSONS WITH DISABILITIES
COMUNICAREA I RELAIONAREA
ORGANELOR DE CERCETARE PENAL
CU PERSOANELE CU DIZABILITI
Quaestor police Gabriel ru
Psychologue Expert
Abstract
In the context of current activities, police relate to citizens who are victims of aggression,
or witnesses, or perpetrators of antisocial facts investigated. In any of these legal situations
they are as individuals , classical judicial activitatile obtaining data relevant to the
investigation, statements, listening, hearing, etc. must be made in respect of criminal
procedure norms and human rights. A special aspect is the health of the person concerned,
subject to specific activities and investigations and more so as there is a permanent medical
condition recognized that a handicap or disability.
Behavior and attitude of a policeman, in relation with such person, need more necessary
attention and this derives from a double perspective, one referring to the concept of
interpersonal relationship and the other to the expectations of society from the person in
uniform. Breach of the first concept is contrary to morality and self-censorship is subjected
to internal feeling and violation of the second conflict with the rules / procedures of the code
of ethics of the police and all domestic and international law. Consequently, we have an
intrinsic perspective, aimed at self-image and an extrinsic, institutional image, both being
equally important in both the short and long term. Any damage must be avoided carefully.
Key words: rights and freedoms, handicap, disability, infirmity or deficiency, non-verbal
communication, communication adapted, attitudes, rules of conduct, procedures.
Rezumat
n contextul activitilor curente, poliitii relaioneaz cu cetenii care pot fi victime
ale agresiunilor, martori sau autori ai faptelor antisociale investigate. n oricare din aceste
ipostaze juridice s-ar afla o persoan, activitile judiciare clasice de obinere a datelor
relevante pentru anchet, a declaraiilor, ascultarea, audierea etc. trebuie s se fac
cu respectarea normelor procesual penale i a drepturilor omului. Un aspect aparte l
constituie starea de sntate a persoanei n cauz, care face obiectul activitilor specifice
i al investigaiilor, i, cu att mai mult, existena unei afeciuni medicale necunoscute,
respectiv un handicap sau o dizabilitate.
Comportamentul i atitudinea unui poliist, n relaia cu o astfel de persoan, impune
o atenie deosebit, dintr-o dubl perspectiv, una referindu-se la conceptul de relaie
interuman, iar cealalt, la expectaiile pe care societatea le are de la persoana n uniform.
nclcarea primului concept contravine moralitii i este supus autocenzurii interioare, iar

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

805

nclcarea celui de-al doilea intr n contradicie cu normele/prevederile codului deontologic


al poliistului i ntreaga legislaie intern i internaional. n consecin, avem o perspectiv
intrinsec, care vizeaz imaginea de sine, i una extrinsec, a imaginii instituionale, ambele
fiind la fel de importante, att pe termen scurt, ct i pe termen lung. Deteriorarea oricreia
trebuie evitat cu mult atenie.
Cuvinte cheie: drepturi i liberti, handicap, dizabilitate, infirmitate sau deficit,comunicarea
non-verbal, comunicarea adaptat, atitudine, reguli de conduit, proceduri.
In the current work of police, to ensure a climate
of normality, civic order and public safety which is
always a priority for society, exercise the powers of
the fundamental rights and freedoms of individuals,
private and public property, preventing and detecting
crime, public order and safety compliance.
In doing this work, the police relate to citizens who
may be victims of assault, witnesses or perpetrators
of antisocial acts investigated.In any of these legal
situations they are a person, obtaining traditional judicial
relevant datato the investigation, such as statements,
listening, hearing, etc.. must be made in respect of
criminal procedural norms and human rights. A special
aspect is the health of the person concerned, subject to
specific activities and investigations and the more so as
there is a permanent medical condition recognized that a
disability or a disability.
According to Order no. 1992/200 of 19.11.2007 Official
Monitor, Part I no. 885 of27/12/2007to approve medical
and psychosocial criteria on which establish compliance
with the degree of disability Number. 762/1.992 Ministry
of Labour, Family and Equal Opportunities, Ministry of
Public Health have withdrawn and withheld items that are
essential in understanding the physiological and mental
limitations of persons with disabilities.The prosecution
must know all these issues to understand and interpret
correctly described the facts presented by these people,
regardless of their legally, whether that witness, victim
or suspect. Attorney / police officer should be familiar
and know the problems faced by such a person in the
communication process, to facilitate access to information
(materials that will need to know, statements, photo
plates, minutes from various activities etc..) and to obtain
necessary information or clarification required from these
people.
Communication within the meaning of her daily,
completely different from that which requires the presence
of people with disabilities. Communication in such cases
include the following:

Going to be accepted;

To be receptive;

Going to be understood;

To get a reaction / response;


Severity of disease creates a barrier stronger
psychophysiological internalized for each stage
separately. When none of these objectives is not
achieved means that process has not been effected. This
can happen because of several factors that appear in the
process.
RULES OF CONDUCT /RELATION
Prosecutors / Policeman-People with Disabilities
Our behavior in relation to a person with a visible
disability, is generally a different behavior from other
people and say, we tend to grant protection or physical
or psychological support, our whole attitude is one of
compassion and condescen. Of course, that there

806

are non-compliant behavior, the ignorance or worse


by teasing, rejection, ridicule, something which we will
address separately.
But when we consider the behavior and attitude of a
policeman, in relation to such a person, the more attention
is required and this derives from a double perspective,
one referring to the concept of interpersonal relationship
and the other, the expectations that society has of the
person in uniform. Breach of the first concept is contrary
to morality and self-censorship is subject to inside and
the violation of the second conflict with rules / Code of
Ethics for police and all domestic and international law.
Consequently, we have intrinsec perspective, aimed at
self-image and an extrinsic, institutional image, both
being equally important both short and long term. Any
damage must be carefully avoided.
Following the detailed, point out that the terminology
is important because words reflect our state of mind and
what we think / believe really.People with disabilities or
have been used, or were forced by the type of medical
condition (blindness, mutism, etc.) to interpret beyond
words. However, some terms tend to reflect not due
to different perceptions same concrete reality. It is
recommended to use simple words and correct. Do not
feel embarrassed to use common expressions such as
I understand what you mean as you should not feel
obliged to repeat the question in order to ensure that the
person knows what he wants. This is not a cosmetic
policy, using words and language appropriate to people
with disabilities creates a bridge, strengthens confidence
in direct relationship with the police investigator,
facilitating data and information necessary to obtain the
file in question.
Do not use the word disability as a noun (disabled),
this implies a homogeneous group separate from the rest
of society. Each is an individual, not a disability special
group.
People with disabilities are very sensitive to negative
connotations of expressions.
People with a medical status in normal parameters,
could see as excessive or inappropriate language the
concern, but the language is powerful and messages can
lead to labeling that discriminates against or minimize
human existence in the presence of an illness or a
permanent condition . It is very useful and purposeful,
there is this concern in choosing words and overall
message which they bear, and the police should be
encouraged to use an appropriate language.
Unfortunately, some of the terms you often hear
around us and that people in popular language, we must
recognize that they use most often, contain expressions
of those listed below and you should avoid.The policeman
must be correct to use such anticipatory expressions,
be extremely careful during the meeting, whether it is
receiving a complaint, the interview judicial hearing or
listening to people. The existence of linguistic and lexical
automatisms are extremely harmful, or Autocorrect
subsequent apologies was late and unnecessary actions.
Another facet as sensitive and important is the use of

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

terms and phrases out loud, in other rooms / offices


where it is assumed that the disabled person can not
hear, but actually it sounds. Basically it takes great care
and concentration to not cause negative emotional states
and not to damage the citizen-police relationship.
COMMUNICATION DISORDERS
Verbal communication disorders
1) Flow minutes - simple verbal hyperactivity
(bavardajul) logoreea, hipoactivitatea simple total
inactivity - mutism, total inactivity - mutacismul;
2) record pace - tahifemia, bradifemia, afemia,
irregular intonation, speech intensity, coloration of
speech, phonetic disorders, disorders semantics and
syntax;
3) graphical expression disorders - hyperactivity
(graforeea), inaction (refusal of writing), calligraphy
disorders, disorders of the page text layout,
policromatografia.
4) aphasia
Non-verbal communication disorders

-Dress code: dress disordered, refined fashion,


eccentric dress, dress perverted;

-Mimica: hipermimiile, hipomimiile, paramimiile;

-Management: tics, mannerism, Oddities


gestures, negativity, stereotypes, persevering. [1]
RELATION WITH A BLIND PERSON
OR PARTIALLY BLIND
Most used for the primary source for information, not
only for reading and writing but also for social interaction
and everyday practical activities. Being blind puts a
person in a physical disadvantage, educational and
social.
When you heard a person as a witness, do not forget
to correctly interpret their free account because some
are blind, others have partial view. Some people have
blurred vision, or can not properly analyze the distance
and speed, or can not distinguish between objects with
similar colors or shades. Others may be able to see things
that are very close, but do not see long distances, while
others have a narrow range of view (eg. to the tunnel).
Most visually impaired have supporting evidence and
only a small proportion (approx. 4%) do not see at all.
What is important to note when we refer to witnesses
or victims, it is natural that the true account of the
situation and sequence of events is an important thing,
but sometimes to complete the cognitive processes and
flow of ideas, reports coming from direct observation
elements are completed and merged with others
perceived as real or more precisely, associated.Logical
content of what must be correlated with disease course
of events but also with itself. The investigator should be
familiar with the clinical picture of the witness or victims
disability and to interpret the details of whether reports in
the context of medical disability or obvious impossibility
(climbing a fence, crossing a river, etc.). Here we refer
to normality or degree of impairment of visual analyzer,
olfactory, auditory, motor actual capacity, etc..
DISORDERS OF PERCEPTION:
Hyperaesthesia - a lowering of sensory threshold, the
subject felt that an increase in the intensity of unpleasant

sensations on a single analysis or a whole - general


hyperesthesia. Meets the exhaustion, neurasthenia,
the onset of psychotic disorders, the onset of infectious
diseases, hyperthyroidism, poisoning.
Hypoaesthesia - increasing the sensory threshold,
with diminishing intensity of sensations, excited with
fewer receptors.Meets the reactive state, depression,
seizures, hysterical paroxysms, oligofrenii, disturbance
of consciousness especially quantitative schizophrenia.
Synesthesia - simultaneous perception of different
sensory way of a stimulus perceived at the level of
analytics (eg Listening colored). Appears poisoning
mescaline, psilocybin, LSD, cocaine.
Agnozy - psycho-sensory deficits, leading to inability
to recognize objects by subject their sensory qualities,
analyzers (peripheral receptors and path) is intact.
Illusion - a perception of real and specific stimulus,
distorted and / or distorted. This deformation for more
than identification or sensory qualities perceived meaning
elements. Illusions occur frequently in normal subjects,
who recognize and correct meaning of perceptual
distortion. In contrast, in pathological illusions, the subject
does not attempt to correct the distorted perception,
considering a truthful picture of reality.
Encounter:physiological and pathological delusions
delusions (false recognition, recognizing false, pareidoliile
and others). [2]
Hallucinations - defined classic as perception without
object (Ball). This definition was complemented by H.
Ey by the words no perceived object, which adds to
that of Porot A. - internal psychological experiences
that determines the subject to behave as if they may
feel or perception, when the conditions outside normal
sensations or perceptions of these is not done, lead us
to highlight the fundamental features of hallucinations.
Not all those who are blind or partially blind, use
the white cane, read Braille or have guide dogs. A
person is considered blind if you need help in learning
/ experience. [3]
Hearing plays an important role, we might say
overwhelming, in the process of networking with witnesses
or victims who are blind or partially blind.It is important to
note that they are unable to read body language or facial
expressions, their attitude is the interpretation given the
tone and voice volume.
RULES OF CONDUCT:

Choose and keep access roads open wider


areas to avoid obstructions - police must ensure that the
route that comes and goes person to and from the police
station, is easily accessible and will not allow hitting or
injured person;

When driving or invite someone to the police


station in a room / office that has never been a brief
description (size, windows, door position) and contents
(furniture, appliances);

Introduce yourself clear, grade, name, specify


your location (police unit), state and others present in
the office (prosecutor, other investigators) or laboratory
(psychologist, sociologist, medical examiner, etc.) and
their role in the investigation.In group conversations,
refer to a person using his name when you want to enter
into a discussion.

Do not start from the premise that this person


needs your help. When a person to assist visually
impaired, ask directly what they want, and if you offer
them your arm.

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807


Should lists to guide and obstacles and change
direction. When guiding someone, give instructions /
descriptions clear, for example: here is a step down,
will climb 10 steps or three steps we left;

When offered a place, place your hand on the


back seat of the person and tell them what you did;

Do not let them talk in an empty room. Tell them


that ended the conversation and move to another office
or that he plans to drive to the exit;

There are people who come with a dog.There is


a natural tendency for the investigator to focus on the task
(obtaining survey data, clarification of defense, checking
assumptions). Remember that the guide dog needs. It is
also possible that the witness should no longer focus on
the accuracy of the declaration, being concerned about
the dog needs. If the dog back into his hand companion,
try to talk to that person, you may need help.

The investigator should stand in front of the


person interviewed or interrogated, not behind the
window, because his face will be in shadow.
Communication strategies:
The vast majority of people prefer using the
communication module records, the most common being
the great writing, Braille / Moon, tape recordings, e-mail,
existing texts or combinations thereof;
The presentation of written materials, use large. Its
recommended minimum font 16 and preferably 18 to
20.Can be achieved through increased xerocopierea or
large production directly from your computer - is better
than xerocopierea printing;
The current computer technology offers many
possibilities to solve such problems, so can be used to
increase writing software (eg Microsoft Windows has
Accessibility Options) allows changes in resolution, color
and size, text verbalization and controls;
Some software you have recently made such speech
recognition and ViaVoice DragonDictate - Mac that
requires training and practice. It is also available Checker
speech Texthelp!
Presenting you movies or photographic drawings,
encouraged people to stay where they can hear / see
well (for those who can see something);
Make sure the light is good, minor adjustments can
make a big difference. Accommodation will vary from
person to person, glare can be as problematic as the
darkness. Insist on choosing the right brightness.Due to
the presence in the police station to start the conversation
may be marked by syncope. Treat things with simplicity
and calm.
Give you clear instructions and explanations. People
with visual disabilities may not have experience in making
presentations or descriptions structured italics.
RELATION WITH A PERSON WITH HEARING
IMPAIRMENTS
People with partial or total deafness are completely
dependent on the information you see or feel them.
People with hearing impairments may depend on their
vision to communicate, such as reading speaking, reading
lips, sign language. In some cases can use microphones
and hearing aids. Note that the difficulties people with
deafness can be cultural. For example, phonics and
spelling in languages are different, so difficult to learn.

808

Many people with hearing problems using the devices,


even if they use other forms of communication.These
devices amplify sounds, but all sounds are amplified
equally and therefore noise can be a real problem for
them.
RULES OF CONDUCT:

If you are someone who reads lips consider that


only 3 of 10 words are visible on the lips;

Hold head up when you speak;

Make sure your front d is sufficiently well lit /


visible when talking;

Look at the person interviewed / heard, keep


the pace of normal speech but rarely, make sure you
can keep up with you, otherwise there is a gap which
will strengthen the good relationship and create or
misunderstandings, answers out of phase, confusing
explanations or communication gaps;

When you want to talk, make sure that the person


with hearing problems is careful and watch your order to
attract attention, use few gestures or a light touch on the
shoulder.

Use facial expressions, body language and


gestures, if necessary;

Make sure your mouth when you speak you are


not covered by the hand, smoke, chew gum and beard;

Do not make assumptions about peoples ability


to communicate or how they do. Always make sure the
easiest way to communicate person. If a sentence is not
properly understood or not heard at least partially, refer
to the way its written;

If a sign language interpreter is alongside a deaf


person to help in understanding, always stay and talk
with the deaf person;

Remember that raising the tone does not help.


Increasing voice volume can not compensate for lack of
hearing;

Try to keep noise to a minimum when working


in groups, and do not forget to take into account an
alternative space, if it is too much noise.
Communication strategies:

It would be useful to interview you or judicial


hearing to be conducted by a judicial police officer or
mustache without a beard, or as short as;

If you need an interpreter, he must be positioned


so as to be easily observed, so the police officer and the
person interviewed. Set this from the beginning;

If you participate in activities in the office more


people (prosecutors, police officers, psychologists, etc.)
the person with hearing problems can be difficult because
she does not know who is speaking and should observe
carefully whether their interpreter. Rules are still in the
preparatory phase of the hearing, so that participants
indicate through gestures when they start talking.

People who depend on their vision to hear will


not be able to sustain a fluent dialogue with the police
officer, but a syncopated breaks generated by necessary
or prosecution read from the lips of the interpreter.
The investigator should consider this aspect, to devote
enough time and not meeting plan their activities, which
could then cause discomfort to them and overlapping
activities into what we call constantly running out of time.
This can be perceived by the interviewee / heard and
interpreted as a lack of interest or attention;

The main ideas you want the investigator to

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

address, can be implemented on a previously printed


sheet of paper, so the task will be much easier. Important
announcements, technical or legal words should be
written on paper or as summary data. When writing, it is
advisable that the essential elements of the message to
be placed in the first part of the sentence, which has the
maximum chance to fix the memory personnel;

People with hearing problems you may have


difficulties with grammar. It is possible that they can not
use their first language learned (sign language);

Remember that you unintelligible speech is a


reflection of the skills or understanding. [4]

Do not talk to the person sitting heard back from


her. Avoid walking in the office;

Encourage the person to participate in


discussions and be open dialogului.Ajutai person to
overcome the inevitable barriers that create the symbol of
authority, ie police unit. Mental pressure of the existence
of a criminal case, create mental discomfort and lead
to communication barriers Be patient, be friendly and
allocate more time for communication;

Give the interpreter time to translate the language


can sign what is discussed, for example, when you ask
questions, allow a person with hearing impairments to
respond. Take short breaks if the interview / hearing are
very long, to give a short break of interpreting, translation
into sign language is a demanding activity.

Beware of non-verbal communication.

Given the shortcomings of hearing and


communication dependence by signs, gestures, mimics
and general body language causes much deeper
meanings than in regular communication with a person
with a normal medical status.

Relation with a person with literacy difficulties

Since there is a possibility in a criminal case be


necessary to take statements, or to obtain data relevant
to the case, it is necessary that the prosecutor / police
officer to know the clinical picture of this disease and
the difficulties they face such people, on the one hand
to have a clear picture of the relevance of information
obtained and on the other hand do not require such data
would not be provided, such as not to be retained.

Dyslexia is difficulty learning experience,


associative integration / fixing knowledge and can be
found in people with different levels of intelligence.A
specific learning difficulty can be expressed in different
forms, for example in speech, reading the comprehensive,
fast reading, counting, organizational skills, the concept
of space / time, handwriting and social skills [5]. Stress
exacerbates these difficulties and is one of the most
frustrating aspects for the individual, and sometimes
even for the investigation.
Communication strategies:

Some dyslexic people use voice recognition


software (eg Dragon Dictate or Mac - Via Voice) very
useful. There is also talk checker Texthelp. Windows
environment has also specialized programs in Control
Panel, the panel Ease Access Center. Check if this
software is available on computers in the office where
the person hearing will be held and if the officer involved
in the business, knows about the existence of this
technology, if familiar with its use. For fluency activities
may be asked a specialist in IT.However all these issues
must be resolved in the phase preceding the person
inviting the police unit.

Use additional visual presentations such as


PowerPoint, projection, image searches on the spot,

videofilmri, photographs of suspects, portrait, maps and


other documents (reports, surveys) scan if necessary.

Provide a concise summary, clearly structured,


written or spoken if possible, to give a clear idea of
objectives discussion / interview record. Explain the legal
terms and techniques.

Try to ask questions in a direct way. Unnecessary


abstractions or very elevated language, does not help.

You can not read is associated in some people as


not being smart. This is perceived as a stigma attached
to private plan, so that the police must show sensitivity.
Many people with dyslexia, particularly young people and
the more children did not feel good about themselves and
need encouragement and positive reinforcement.

Young people with this type of difficulty does


not have visible disabilities, on the other hand, some feel
insulted at the use of the term disability in relation to
them.
RELATION WITH A PERSON WITH LANGUAGE
DIFFICULTIES AND SPEECH
There are people who have difficulties in verbal
communication. This may be due to either failure to
articulate sounds, or as a matter of understanding or
reproducing the words written or spoken (dysphasia).
The difficulty is not easily observable because these
people have a right and understand the same language,
speak coherently about concrete results, but problems
in abstract issues. In others, the difficulty is immediately
noticeable, such as severe stammering. This creates
communication difficulties that can not be known or may
be associated with such conditions as cerebral palsy that
can affect any muscle group, including his and those of
the face.
Since learning involves substantially normal
communication, particularly through speaking, any
difficulty in this area can lead to isolation and stress [6].
Communication strategies:

Show calm, give the person more time to


complete what he meant;

Some appreciate the help in completing their


sentence - check if the person accepts or whether outside
intervention, emphasizes relational discomfort;

Others will want to communicate by computer


with a speech synthesizer. As mentioned above, check
that such software are available on computers in the
office where the person hearing will be held and if the
officer involved in the activity, is familiar with their use;

People who have difficulty perceiving language,


may have trouble understanding when questions are
asked or answered, so be patient, spend more time for
information to be assimilated.Usually the delay response
is associated by the police as an avoidance, hesitation,
attempted to construct a logical scaffolding of a distorted
truth, but in such situations is not the case.
If witnesses acknowledge the support and effort made
- these people have a speech problem not a low IQ.

Formulate possible questions that require


answers light as short.

Listening to a person who is struggling to


say a few words, is often embarrassing. Stress often
exacerbates the problem. Stay calm and watch the lips
of the person, association of ideas, use imagination to
provide real support to the communication process.

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809

RELATION WITH A PERSON


DISABLED UNDECLARED / UNKNOWN
All people have experienced medical conditions in one
way or another, from time to time, but were often transient
situations, temporary.Others have had problems with
long term or permanent, some of which occurred from
birth or acquired during life. Their effects depend on the
persons age, circumstances and nature of the conditions
and / or effective treatment.
When the disease is not visible and has no explicit
expression, it has an appearance is episodic or in some
very emotionally charged situations, people with such
conditions do not regard it as a disability and sometimes
do not declare the registration sheets they have some
special requirements. People with these conditions can
be considered harmed if revealing their condition.
DSM-IV manual (1994) points out that somatoform
disorders common feature is the presence of physical
symptoms that suggest a disease belonging to internal
medicine, but can not be fully explained by a situation
belonging to general medicine, the direct effects of a
substance or another mental disorder (such as panic
attacks).In contrast to simulation, somatic symptoms
are not under voluntary control. Somatoform disorders
and psychiatric symptoms differ consecutive a medical
condition in that there is no medical situation can be
considered fully responsible for somatic symptoms. DSMIV somatoform disorder group included in the following
categories:
Somatic disorder (which in historically referred to
hysteria or Briquets syndrome) is a disorder that begins
before the age polisimptomatic 30 years, evolving for
several years and is characterized by a combination of
pain and gastrointestinal symptoms , pseudo-sexual and
neurological;
Undifferentiated somatoform disorder is characterized
by unexplained physical pain that lasts at least 6 months
and are below the limit diagnosis of somatization
disorder.
Conversion disorder involves unexplained symptoms
or deficits affecting voluntary motility or sensory function
or suggesting a neurological event or medical situation.
Psychological factors is estimated to be associated with
symptoms or deficits;
Pain disorders (somatoform disorders painful type)
are characterized by pain that predominantly focuses
clinical attention. In addition, psychological factors are
assessed as having an important role in the installation
of disorder, severity, progression or maintaining them;
Hypochondriasis is concern about the fear of having
a serious illness based on misinterpretation of bodily
symptoms or bodily functions;
Dismorfofobic disorder is a preoccupation with
imagined or exaggerated physical defect existing one.
[7]
RULES OF CONDUCT:

Do you bring into question the medical condition


of people in front of others - privacy.

The investigator should not be dissatisfied that


these people require frequent breaks, for example, eat at
certain times, or make frequent road to solve needs.

Are people needed a private space to administer


drugs or to make injections - may be directed to a medical
office on site or nearby;

Stress due to new situations or pressure from

810

outside, can affect some people, for example, those who


suffer from asthma. It is known that at the invitation of the
police unit is a situation with a certain mental load and
except the victims, for all other judicial investigation is
stressful. It is therefore necessary that the police officer
to produce a calm and a level of comfort.

The physical environment can affect you,


especially certain conditions such as dust, smoke can
trigger asthmatic attacks. People with these conditions
used to have medication with them, but the police officer
should know where help is needed and what are the first
steps.
Note de subsol
[1] Psychopathology and Psychiatry Univ. Dr. Florin
TUDOSE (page 36)
[2] Psychopathology and Psychiatry Univ. Dr. Florin
TUDOSE (page 31)
[3] Understanding disability-Good Practice Guide /
ETTAD - 134 653, UK-GRUNDTVIG-GMP (p. 17)
[4] Understanding disability-Good Practice Guide /
ETTAD - 134 653, UK-GRUNDTVIG-GMP (pag.21)
[5] Understanding disability-Good Practice Guide /
ETTAD - 134 653, UK-GRUNDTVIG-GMP (pag.22)
[6] Understanding disability-Good Practice Guide /
ETTAD - 134 653, UK-GRUNDTVIG-GMP (pag.23)
[7] Clinical Psychology Professor and Medical Florin
TUDOSE (pag.388)
References cited:

Arcan P., Ciumgeanu D., Copilul deficient mintal,


Editura Facla, Timioara, 1980.

Avramescu, M. D., Defectologie i logopedie,


Editura Fundaiei Romnia de Mine, Bucureti, 2002.

Butoi Tudorel, Butoi Ioana Teodora- Tratat


universitar de psihologie judiciar, Ed.Fundaia Romnia
de Mine, Bucureti 2001

Bazele psihologiei generale M. Golu, Editura


Universitar, Bucureti, 2002;

Damaschin D., Defectologia. Teoria i practica


compensaiei. Nevztori, ambliopi, orbi-surdomui, Editura
Didactic i Pedagogic, Bucureti, 1973.

nelegerea dizabilitii- Ghid de bune practici /


ETTAD - 134653-UK-GRUNDTVIG-GMP

Ordin Ministerul Muncii, Familiei si Egalitii de


Sansenr. 1992/2007 din 19/11/2007 - publicat in Monitorul
Oficial, Partea I nr. 885 din 27/12/2007

Popa, Mariana, Comunicarea- aspecte generale si


particulare, Bucurest, Ed. Paideia, 2006, pp. 174-176.

Tudose, Florin, C. Tudose, Abordarea pacientului


n psihiatrie, Editura Infomedica, Bucureti, 2002.

Tudose, Florin, Fundamente n psihologia medical.


Psihologie clinic i medical n practica psihologului,
Editura Fundaiei Romnia de Mine, Bucureti, 2003.

Zlate Mielu- Fundamentele psihologiei, Editura


Hyperion, Bucureti 1995

http://ro.qatrain2.eu/disabilities/physical-disabilities

http://www.desprecopii.com

http://www.sfatulmedicului.ro/Epilepsia-siConvulsiile/

http://www.itips.ro/sanatate/boli-si-tratamente/boli/
simptomele-astmului-v2111.html

http://www.terapiam.ro/tulburarile-de-anxietategeneralitati

http://ro.wikipedia.org/wiki/Memorie

http://www.ifamilia.ro/sanatate/primul-ajutor-cazde-atac-de-panica

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

CHARACTERISTICS OF INVESTIGATING CRIME


IN THE FIELD OF PUBLIC PROCUREMENT
PARTICULARITI ALE INVESTIGRII CRIMINALITII
DIN DOMENIUL ACHIZIIILOR PUBLICE
Univ. Lecturer Petric-Mihail MARCOCI, PhD
Police Academy Alexandru Ioan Cuza
Abstract
Public procurement activity is the biggest consumer of funds from the state budget
and associated budgets, with a variety of modes and types of committing crimes with
the purpose of obtaining illegal profits by operators and representatives of contracting
authorities. This type of criminal association, based on the complementarily of interests
between the contractors and civil servants involved in such illegal acts, generates distinct
operating modes and criminal typologies strictly individualized and manifested only in this
area of socio-economic activity.
Key words: Public procurement, contracting authority, abuse of office, interest groups,
corruption, procurement contracts.
Rezumat
Activitatea de achiziii publice reprezint cel mai mare consumator de fonduri din bugetul
de stat i bugetele asociate, existnd o multitudine de moduri i tipologii de comitere a
unor infraciuni al cror scop este legat direct de obinerea ilegal a unor profituri ilicite
de ctre operatorii economici i reprezentanii autoritilor contractante. Acest tip de
asociere infracional, bazat pe complementaritatea intereselor ntre firmele contractante
i funcionarii publici implicai n astfel de ilegaliti, genereaz moduri distincte de operare
i tipologii infracionale individualizate strict i manifestate doar n aceast arie a activitii
socio-economice.
Cuvinte cheie: Achiziie public, autoriti contractante, abuz n serviciu, grupuri de
interese, corupie, contracte de achiziie.

Public procurement is a set of legally regulated


activities aimed at obtaining ownership of goods,
services and works for a public authority by awarding
a contract to a trader. Activity extremely important for
the state budget through the scope and nature of its
effects, public procurement or in other words, crime
in this area can be a real threat for the economic and
financial component of national security.
A crime in public procurement becomes particularly
dangerous in terms of national security when it directly
interferes with high-level political corruption, informal
interest groups, domestic or international, or when it leads
to serious diversions of public funds or from Community or
international grant programs.
During the entire process of public procurement, the
following principles must be considered at the adoption of
any decision:

undiscriminating;

equal treatment;

mutual recognition;

transparency;

proportionality;

efficient use of funds;

accountability.
The effectiveness of crime prevention and suppression
systems in this field is directly generated from a correct

delimitation of the information area deemed as necessary,


optimal and appropriate to the purpose stated above.
In our opinion, information investigation is needed in this
area because crime in the area of public procurement has
a character that is developed, sequential and somewhat
occult.
In the sphere of crimes specific to public procurement,
information of interest are:

information on individuals or legal entities or officials


involved in illegal activities that are aimed at the budgets of
public authorities or at the goods in their patrimony.

information on persons that are participating directly


or indirectly to the conclusion of transactions dealing with the
sale of goods, carrying out services or works for the public
authorities which are or may be in close contact with leaders
of public authorities or their families;

information able to identify the officials involved


in public procurement procedures that have an abusive or
discretionary behavior in relation to public goods or financial
funds managed by them or with documents which are
drafted with the public procurement procedure;

information able to identify the contracting


authorities or budgetary institutions known with concerns
on the line of favoring certain bidders or which have a direct
interest in relation to potential bidders;

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

811


Information regarding companies which intend to
win procurement contracts illegally;

information about companies which intend to hijack


the subject of public procurement contracts for the purpose
of providing goods, carrying out services or works of inferior
quality than those provided for in the public procurement
contract;

information on companies that intend, based on the


complicity of the contracting authority, to collect unduly the
value of services or works unfulfilled or partially executed;

information aimed at contracting authorities which


are carrying out targeted public procurement procedures
for goods, services or non- necessary works to transfer
amounts from their budgets to various economic agents
where they have direct interests or from which they receive
money or other economic advantages;

information on companies which regularly


participate together to public procurement procedures on
the dead hand principle.

Information able to identify contracting authorities


personnel who is illegally affiliated to regional or local
informal interest groups that provide administrative or
judicial protection and, where appropriate, remunerates
them in various forms;

Information able to identify the personnel of


contracting authorities or administrative authorities with
control powers that favor when carrying out their duties in
the field of auditing, control or checks and that fraudulently
favor those involved in committing irregularities in public
procurement system by hiding the irregularities found.
Ways of committing illegalities in the sphere of public
and private acquisitions and particular ways of investigating
them.
Without being express incriminated by G.E.O. 34/2006, a
series of illegalities committed in this sphere are assimilated
to service or service-related crimes, corruption or similar
offenses as they are provided in the Penal Code or Law
No. 78/2000 on preventing, detecting and sanctioning
corruption.
Moreover, lack of criminal incriminations in the act
that regulates the area of public procurement is a sign of
maturity of the Romanian legislator who in the process of
legislative harmonization with EU standards concluded that
the prosecution of various abuses and illegalities that are
committed in this area must be performed under general
laws and not under the special law.
Among the ways of committing the most common are:
I.
Abuse in service, which has a variety of forms:
Encouraging bidders by:

accepting their offers although they are not fulfilling


the tasks required by the acquisition data sheet or by
the specifications book. This means that the contracting
authority agrees to receive other goods than those required,
this could generate extremely favorable conditions for some
bidders that are approved by the head of the contracting
authority or by the members of the evaluation commission

Acceptance of bidders that cant prove a personal


or technical-economic capacity to fulfill the contract. If we
are allowed to say, this happens when small firms, with
offices in apartment blocks, established shortly before the
start of the procurement procedure are wining contracts of
millions of dollars that because the lack of this capacity are
obliged to subcontract them, illegally, to other operators with
economic potential.

Imposing discriminatory conditions for participating


in terms of technical- economic capacity or personal situation
of bidders in order to limit participation of other bidders. In
our opinion, the fundamental goal of public procurement

812

procedures established in the area of public acquisitions is


to achieve an optimal relationship between price and quality
of products, services or works that derive from the contracts
concluded by public authorities. Or, as a consequence, by
virtue of non-discrimination and equal treatment would be
imperative that all providers that can become part of the
contract are not locked in becoming suppliers by imposing
onerous conditions of participation that would have no
connection with the purchase contract.
The specification book is the starting point for drafting the
allotment documentation. This is the objective description
of goods, services or works required by the contracting
authority. Specification book must contain technical
specifications, which are requirements, prescriptions, and
technical characteristics with which are described the
products, services or works.
Technical specifications shall afford equal access to the
acquisition procedure and should not contain elements that
have the effect of creating unjustified obstacles likely to
restrict competition
Technical specifications define, as appropriate:
features related to the quality, technical and performance
level; requirements for environmental impact; reliability in
exploitation; scale, terminology, symbols, testing and test
methods, packaging, labeling, marking, and instructions how
to use the product, technologies and production methods;
quality assurance systems and conditions for certification of
compliance with relevant standards or others alike.
Technical specifications of contracts for works may also
refer to: prescriptions for design and cost determining; to
verification, inspection and reception of works conditions
or to verification, inspection and reception of technique
conditions, procedures and methods of execution or any
other technical conditions that the contracting authority is
able to describe, according to various laws and general
or specific regulations, about the completed work and the
materials and other components of these works.
It is forbidden to define in the specification book technical
specifications that indicate a specific origin, source,
production, a special procedure, a brand or trade name,
a patent, a manufacture license, which have the effect of
favoring or eliminating certain operators or certain products.
Such a reference is permitted as an exception in case a
sufficiently precise and intelligible description of the subject
of the contract is not possible and must be accompanied by
the words or equivalent.

Acceptance of participation to public procurement


procedures of bidders that have the same shareholder
or management structure. In such a case is questioned
if the participating companies with the same ownership
or management have a real intention of winning the
procedure.

Bidders abusive disqualifications for no relevant


reason to the contract award and execution.

Accepting groups of companies that are real


bidders associations that come in order to ensure
minimum conditions for participation using the dead hand
to participate in the procedures

Accepting firms linked with some of the members


of the evaluation committee, although their connections are
well known, to participate in the procedures

Communicating non-advertising data such as the


budgets of contracts etc.

Abusive cancellation of public procurement


procedures without legal or material basis

Accepting late submission of bidders which may be


made after finding out the bids of other participants.

Accepting to switch the offers for those procedures


where at the opening session the empowered representatives
of other bidders werent present

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI


Giving the contract abusively to operators who have
submitted superior price offers by disqualifying abusively the
bidder who submitted the best offer

Accepting the reception of inferior quality products


than those required in the specifications book during the
supply contract, of services or works, based on which the
economic operator could present the offer with the lowest
price.

Abusive splitting of contracts in order to skip the


procedures imposed by law requiring transparency and free
access of economic operators to them.
II. Making public procurement through the chain
of compensation between different entities, a way by
which the contracting authorities can take various
products and services at exaggerated prices.
III. Acts of corruption committed by members of
the bidders evaluation committee or by the leaders of
contracting authorities.
IV. Setting abusively public procurement contracts
as exceptions of Ordinance 34/2006, in order to establish
them by direct negotiations.
Public procurement is a priority for the investigative
activities, because it involves spending public funds assigned
by the state budget, the illegalities committed in this area
being a serious vulnerability for the entire area of budgetary
expenditure. Therefore, investigating illegalities in this
sphere of activity fits in the larger frame of the investigative
principles in the budgetary fraud domain.
For this purpose, it is necessary to achieve a good
knowledge of the operative situation by:

establishment of vulnerable places for committing


illegalities (tender evaluation committees, the offices where
data acquisition files are prepared, specifications, the
compartments where is performed the quantitative and
qualitative reception of the products, services and works
related to public procurement contracts, the executives
offices, the accountancy services, etc.)

identification of suitable persons for committing


such offenses or marked with such concerns (execution civil
servants, managers of the contracting authorities, members
of the tender evaluation committees in public procurement,
civil servants who draw up the specifications and the data
acquisition chips, people who work in secretarial and in
public relations departments, other people close to them or
who can influence them, etc.)

identification of economic agents which are


marked with concerns on the line of illegal obtaining of
procurement contracts in order to eliminate their own
stocks, avoid competition or increase market share,
managers or associates or shareholders, commissioners
and intermediaries in different economic fields, interested in
capturing the members of tender evaluation committees in
criminal activities.

the obtaining of relevant data and samples will be


focused mainly on the line of committing illegalities by the
civil servants or on the activity of directing certain public
procurement contracts to private operators.

In the operations of obtaining relevant data and


samples, a special attention will be put on data referring
to acts of corruption among civil servants or managers of
the contracting authorities or on the situations in which they
have financial or non-financial interests in various economic
operators that participate at the public procurement
procedures.

The checks done with the competent bodies of


the Ministry of Finance will be made based on a common
action plan that will clearly state the control objectives. In
turn, these will be determined by the nature of the previously
information.

Based on the minutes made in the case of lifting


documents, the tender documentation or the procurement
file will be raised during the controls and then compared
with the documents that can be raised from the bidder
companies that participate at the procurement procedures.

Also, the budgetary provisions related to the annual


plan for public procurement will be checked at the controls,
in the same time it will be also checked the amount of
funds on the data when the procurement procedures were
initiated and the right choice, in terms of legality, of the used
procurement procedures.

The controls made at the economic agents reported


with concerns on the line of illegal acquisition of public
procurement contracts will be carried out in cooperation
with financial and tax inspection bodies (A.N.A.F.) and their
results will be exploited on both lines of competence.

The illegalities finding should be done mainly by


the officials of the Ministry of Finance and their results
should be forwarded to the police, who, under the Criminal
Procedure Code, are authorized to conduct preliminary
acts and criminal proceedings under the supervision of the
prosecutor.

In terms of the Criminal Procedure Code, at


the request of the prosecutor that oversees the criminal
investigation, the judge can authorize interceptions of the
telephone.

The information obtained this way will be used only


for the solid substantiation of the prosecution.

If the offenses are committed under the conditions of


a structured group, the possibilities of documentation either
by the process of step by step (in the situations where the
input information does not allow the general approach of the
group) or by the process of the direct control followed by the
hearing of the whole group (when the support information
allows the detection of illegalities with a single control) will
be assessed.

The hearings of the people involved will start either


from the less involved officials in the tender evaluation
committees to those who have major involvement in
committing crimes (when the information collected through
the intelligence network are not sufficient for the exhaustive
documentation of the case) or by direct hearing of the
offenders (when information lead to the conclusion that they
have not acted on the basis of instigation or at the request of
other persons and the rules violated by them were stipulated
in the job description), but only on condition that the abuses
can be found directly after a control.

Technical-scientific reports should be carried out


when are asked by crimes documentation, because certain
aspects can be detected by expertise of computers support
or memory available in the office administration where they
drafted the minutes of opening the envelopes, clasification
and evaluation of tenders and contract award.

In situations that involves finding flagrant crimes of


corruption based on self-denunciations it will be proceed,
with the prosecutor participation, to the catch in the act of
the guilty ones, taking into consideration the provisions of
the Code of Criminal Procedure.
From this perspective it results that the investigation of
fraud committed in the sphere of public procurement involves
cooperation between the institutions mentioned before and
the value of the results is dependent on the quality of the
collaboration between police and other entities involved.
The public procurement file is the fundamental
document of any investigation or inquiry that takes place
in this area; it includes all the activities done in an award
procedure, respectively all the documents necessary for the
proceedings.
The public procurement file is established and kept by the
Contracting Authority, by its internal department specialized
in public procurement and it is invariably drafted for:

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

813


each public procurement contract awarded;

each framework agreement concluded;

Each concession contract awarded;

Each launch of a dynamic acquisition system;


It should be kept as long as the public procurement
contract - the framework agreement produces legal effects,
at least 5 years after its completion;
It should be available for:
Any public authorities interested in its consultation, under
the condition that no information should be provided if it is
unlawful, would impede law enforcement, would affect the
public interest, would prejudice the legitimate commercial
interests of the parties or affect the free competition;
The authorities accredited to pick up documents which
may serve to prove fraud, offenses or crimes;
The procurement file has the character of a public
document. This should include:
1. General information: the name of the contract, the
procedures applied, the release date of the procedure, the
person responsible for updating the information contained
by the file;
2. Schedule of documents;
3. Copy of the tab budget or any other document that
proves the existence of funds;
4. Note of calculation for determining the estimated
value, excluding TVA;
5. Records proving the transmission of the announcement
of intent;
6. Notice of intent;
7. Records proving the transmission of the participation
notice;
8. Participation notice;
9. Tender documentation;
10. Explanatory note on the election of the award
procedure, if the tender procedure was other than the open
or restricted auction;
11. Explanatory note on the acceleration of the award
procedure, if it is needed;
12. Report regarding the award procedure;
13. Public procurement contract / framework agreement,
signed;
14. Records proving the transmission of the award
notice;

15. Announcement of the award;


16. Performance bond;
17. Records proving the keeping of the performance
bond;
During the contract, the procurement file may be
completed by:
18. The proof of the object of the contract - minutes of
preliminary and final acceptance;
19. The proof of payments;
20. The proof of registration in the accountancy of the
result of the contract performance.
All components of the procurement file may contribute,
individually or as a result of the assembly, to the determination
of a certain type of modus operandi or to the establishment
of the real participation of each of the perpetrators; so,
finding the truth in those cases who are subject of the judicial
investigation it is improved.
On the basis of the above, we opine that the investigative
activities carried out in the sphere of the crime related
with the public procurement can gain new meanings and
the direct benefit is the reduction of damages caused to
the public authority budgets and to the transparency and
efficiency of the procurement processes.
Bibliography
1. Government Ordinance no. 34/2006 regarding the award
of public procurement contracts, public works concession
contracts and services concession contracts.
2. Law no. 78/2000 on preventing, discovering and
sanctioning corruption, modified and amended.
3. Law no.161/2003 on some measures for ensuring
transparency in exercising public office, public functions and
in the business environment, the prevention and punishment
of corruption.
4. Collective- PublicProcurement. Auctions. Investments.
Amortization. Cadastre. Constructions. Lumina Lex Publishing
House, Bucharest, 2006
5.Horia Diaconescu, Crimes of corruption and those
assimilated or related to these, All Beck Publishing House,
Bucharest 2004
6. Luviana Ftu, Public procurement and concessions
Hamangiu Publishing House, Bucharest, 2009

ANALYZING SEGMENTS OF FOOTWEAR IMPRINTS


VALORIFICAREA URMELOR
DE NCLMINTE FRAGMENTATE
Conf.univ. dr. Gheorghe PESCU
Universitatea Dimitrie Cantemir
Expert criminalist Paul CHENDE
- Serviciul Criminalistic din.I.P.J. Maramure
Abstract
The authors brought for your attention one genuine case from the Forensic Identification
Units repository of the Maramure County Police. The investigation began after few imprint
segments were seized at scene in what transpired to be a stolen money police investigation
from an ATM, which was placed inside of a bank. The specialists managed to recreate the
type, model and make of the footwear of the imprints, then it was estimated the height of
the suspect(s).
After the criminal was arrested and processed, his /her height was within the limits that
were estimated by the police specialist at the preliminary investigation.
Key words: footwear imprint, the role of footwear imprints to calculate an individuals
height, sole of the footwear, heel of the footwear.

814

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Rezumat
Autorii relateaz un caz din practica Serviciului Criminalistic din I.P.J. Maramure n
care, pornind de la mai multe fragmente de urme culese de la locul faptei n cazul cercetrii
unui furt de bani dintr-un ATM instalat n incinta unei bnci comerciale, au reconstituit
tipul, modelul i marca nclmintei de la care proveneau urmele, iar n final au estimat
nlimea suspectului care purta nclmintea.
Dup identificarea autorilor, s-a constatat c nlimea persoanei care a creat urmele
de nclminte n cauz se ncadreaz n intervalul estimat de expert.
Cuvinte cheie: urme de nclminte, determinarea nlimii persoanei dup urme de
nclminte, talp, toc, desen antiderapant, desen de protecie.

Traces of footwear is the subject of an apparent


paradox in the crime investigation activity and
particularly in forensics area. Although their
appearance in the field of crime is inevitable, those
imprints occupy a small percentage of all traces raised
from the scene, or among the judicial evidences.
Marginalization of this group of imprints, unwanted
and with negative effects on the overall scientific proof
has, however, some explanation:
their majority is revealed in urban areas, where
the footprints are less visible to the naked eye;
during the developing process of forensic
science, study of these traces is not separated as a
distinct branch, like the fingerprints science (which
formed the subject of dactiloscopy) or guns (ballistics),
leaving the footwear prints in the imprints category,
being treated as casual examination by specialists
and forensic experts;
expertise on this type of traces are still at the
stage reached by the forensic classics.

A similar case was brought to the attention of the


forensic experts from the Laboratory of Crime Unit of
Maramures Police County, in a complex theft of money
cause from an ATM belonging to a commercial bank.
During research on the crime scenes several footwear
imprints were revealed by photography and adhesive film
transfer (see fig. 1).

Fortunately, the progress of forensic technology,


the emergence and publication of devoted literature to
footwear imprints and the creation of a working group
of specialists in footwear prints and burglary imprints in
Europe, produced a revival of interest in these marks.
Nowadays there are more chances to exploit
footwear prints, by both laboratory expertise or at crime
scene interpretation.
The prints left at the scenes of crime by feet can
provide three categories of information:
information that can help the finding and
reconstruction of the activities made by people who
have left the marks;
information to help identify the shoe which
created the imprints;
information to help identify persons who have
created the shoes imprints.
Regarding the last category of information, this
may help the investigator to obtain useful data and
eliminate people from the circle of suspects, although the
identification of the author based on the footwear print is
not clearly made while investigating the scene, but later
in the laboratory.
Footprints in form of a path or grouped in certain
disorder can provide information about individuals
sex, age category to which it belongs, fatness, height,
physical or pathological abnormalities, that may suggest
the authors mental state. The isolated footmarks, albeit
fragmentary, can indicate the height of the person who
has wear the shoes.

Photo 1. imprints raised at scene of crime

The purpose of this expertise was focused to establish


the type, brand, size and any features of footwear which
created the marks and to provide any other useful
information to identify the person who wore shoes from
which the traces were left.
After preliminary examination of the imprints both in
digital format and folio revealed it was found that:
all examined traces showed similar anti-slip
design;
none of the traces reproduced the entire form of
the shoes sole
considering the anti-slip design and especially
after the soles form, the imprints were created by a
sports shoe;

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

815

To meet the established objectives, the expert had


continued to perform the following activities:

3. The reconstruction of the whole sole, from the


fragmented imprints.

1. Comparison of traces with the archived


revealed imprints.
It was established in this way that the anti-skid marks
contained a drawing similar to sports shoes, Veer brand,
45 measure (see fig. 2):

To this end, the marks revealed with adhesive film


(that reproduces only the sole or the heel of the shoes)
were positioned on the same longitudinal axis and the
two elements from which measurements were made on
photographs from above were placed at a distance of 13
cm (see fig. 4).

Fig. 2. the design of the sneaker anti skid mark Veer


in the forensics archive laboratory.

2. Setting the length of the imprints and measuring


the distance between the details.
Due to the fact that none of the imprints reproduced
the whole sole, the expert made the following:

brought images of traces on the same scale;

he drew a straight line passing through the


top angle of the sole to the angles of the parallelogram
frame;

measured the distance between the front edge


of the hole wide, semicircular and the ante angle of the
parallelogram, it has a value of 13 cm;

to avoid possible measurement errors, he


repeated the operation on two other tracks, the result
being the same (see fig. 3);

Fig. 4. fragmented traces on the same longitudinal axis,


at a distance of 13 cm between the two elements.

4. Measuring the length of the reconstructed shoe


sole. As shown in photo 5, we found that it is 30 cm
lenght.

Fig. 5. The total length of the reconstructed imprint.

5. Estimating the height of the person who wore


the imprinted shoes.

Fig. 3. Measuring the distance between the same two


items placed on the longitudinal axis.

816

In order to obtain useful data to identify the person who


wore the imprinted shoes, the expert used statistically
significant correlation between the length of the sole
barefoot foot, the shoe measure and the height of the
person who created the imprint. In this case we applied the
information obtained by conf. univ. Dr. George Pescu
from research conducted on a number of 700 people and
detailed in the book Forensic interpretation of traces at
the crime scene, Bucharest, National Publishing House,
Bucharest, 2000, pg, 146-156.
Therefore, it proceeded to deduct the foot length of
all shoe length, followed by determining the height of the
person by the size of the foot.
To calculate the length of the foot was used formula:
Lp = Lext - qc, where: Lp is the length of the foot, Lext
is the length of footwear print and qc is the correlation
coefficient depending on the model, consisting of the
thickness or the shoe frame and the width of the shoe
fabrics (two sizes: heel and tip).
If the case of the sports shoe, qc is about 15 mm,
therefore the foot length (Lp) is 30 cm - 1.5 cm = 28.5 cm.
This length corresponds to a measure between 42 and
43 in continental or French system, used in our country.
Further it was determined the suspects height after
the foot length using the formula: H = x Lp, where

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

is the multiplying coefficient of each length class, in this


case 6.25. Consequently, the average persons height is
6.25 cm x 28.5 cm = 178.12 178 cm.
Please note that the admissible error is a maximum
of 5 cm plus minus. We appreciated that the person who
created the shoe imprint in question has a height ranging
between 173-183 cm ..
Based on the findings demonstrated and illustrated,
the expert made the following conclusions:
- the revealed imprints from the scene of crime were
created by a sports shoe, size 42-43, probably Veer
trade mark.
- the person who created footwear prints has a height
ranging between 173-183 cm.
As a pleasant surprise for us, after identifying
the authors, we found that the height of the person
who created the footwear imprints is within the range
established by the expert, being 180 cm.
Results obtained by using mathematical calculations
(using formulas or tables) have limitations caused by:
- natural disproportion between height and length of
the individuals foot;
- changes in the length of the shoes worn by a
person;
- changes in the size of the shoes of the same brand

produced by manufacturers.
A problem in this regard would be to establish the
correlation index qc. In the present case qc could be
compared with a similar sample located in the archive of
the Crime investigation, which has a length of 31.5 cm.
Applying the correlation index of 1.5 cm, it results that the
foot is 30 cm long which is corresponding to 45 size, just
as indicated by the manufacturer on the label.
References
1. Bodziak,W.J. Foot wear impression evidence,
Elsevier Science PublishingCo., New York, 1990;
2. Cassidy, M. J. Survey of Heyght Calculation Chart
and Shoe Size Calculation Chart, Royal Canadian Police,
1980
3. Pescu Gh., Forensic interpretation of traces at
the crime scene, Bucharest, National Publishing House,
Bucharest, 2000.
Notes
1. Bodziak,W.J. Foot wear impression evidence,
Elsevier Science PublishingCo., New York, 1990
2. This group belongs to ENFSI and edit publication
Information Bulletin for Shoeprint/Toolmark Examiners
editat n Finlanda.

PRIORITY ACTIVITIES TO BE FOLLOWED


DURING AN IT RAID
ACTIVITI PRIORITARE DE EXECUTAT
N CAZUL UNEI PERCHEZIII INFORMATICE
Univ. Dr. Tudor AMZA
Computer specialist Mircea Bogos
Abstract
IT raid represints an activity which requires an exceptional profesional training in order
to attract computer specialists.
By the way that the main activities are carried out related to the IT raid it depinds decisivly
the proof of criminal activity.
In our paper / file we are looking that during an IT raid some binding steps are followed
as well as the way that evidence is gathered from the scene.
Key words: IT raid, collecting evidence, specialists, informatic equipment, electronic
diaries, preserving evidence.
Rezumat
Percheziia informatic reprezint o activitate care presupune o pregtire profesional
de excepie, la care vor fi atrai specialiti n domeniul calculatoarelor.
De modul cum sunt executate principalele activiti care vizeaz percheziia informatic
depinde, n mod decisiv, probarea activitaii infracionale.
n lucrarea noastr, urmrim ca efectuarea percheziiei informatice s respecte civa
pai obligatoriu de fcut, ct i modul n care trebuie ridicate probele de la faa locului.
Cuvinte cheie: percheziie informatic, ridicarea probelor, specialiti, echipament
informatic, jurnale electronice, pstrarea probelor.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

817

THE SEARCH WARRANT EXECUTION


There is no specific formula based on which the search
takes place, however, the legal framework provided by
the legislature in the Criminal Procedure Code, Title II,
Chapter II, Section VIII, art. 96-111, the European Union
provisions on human rights and the general rules are
still the essential pillars to be taken into account when
performing the search warrant execution.
The main steps to be followed are:
The search warrant execution ordered by the judge
during the criminal investigation involves the following
steps:
1. The legal authority that will conduct the search
is obliged, prior to it, to legitimize itself and to provide
the authorization issued by the judge. The domiciliary
search is made in the presence of the person on which
the search is executed. Without its presence, the search
can be performed in the presence of a representative
(the lawyer, for example), a family member or a neighbor
with exercise capacity. The legal authority performs the
search in the presence of at least two witnesses. If the
searched person is detained or arrested, he/she will be
brought to the search, if possible. In some cases, it is
necessary to enter by force, if the announcement would
put the lives of people in distress, but it is not a mandatory
rule, especially when the evidence could be destroyed.
Information destruction is easily done by the computer,
only by simply closing its power supply would make a lot
of information to be lost.
2. The investigators (the police and prosecutors
office) must take control of the investigated area.
3. The legal authority can investigate and organize
the search only for the term allowed, because there
may be limitations regarding the location (only where it
is suspected that evidence might be hidden) and time
(only until all evidence has been found or until all sites
were investigated). Of course this limitation is difficult
to establish when there are thousands of files to be
examined, but in principle, they must be taken into
account.
4. During the search it is mandatory to show
caution and not to cause damage such as to teach him
a lesson. Computers can be easily removed from their
normal operation regime and the data can be lost very
easily.
5. Assets seizure which presents a real interest
and, if necessary, removing the additional material, if this
needs to be carefully analyzed, possibly by specialists,
must be performed under the law provisions, paying a
special attention to their conservation.
6. When investigating a case involving the damage
to the systems components, we must be sure that we
have identified all damaged components, but the damage
estimation should not include only the damaged parts. It
is good to make a rough estimation of the damaged parts
cost, an estimation of the lost data financial value and,
not least, an estimation cost as a result due the system
functioning impossibility.
What evidence to remove from the crime scene:
After conducting a search, performed under the law,
we must be prepared to remove the following goods,
which will become evidence in the criminal proceedings:

all computer parts;

all software;

818

floppy disks, tapes and other media as magnetic


recording;

all documentation;

all adjacent equipment, including printers,


modems, cables, etc.;

all documentation randomly left on desks or


thrown in the trash bin, printed documents and printer
cartridges;

other goods or values that were used to commit


the crime.
Activities required to be followed:
When we are executing a search warrant, it is
mandatory to:

not to touch the keyboard, although sometimes


you might need to run the necessary software in order to
copy the data, but this is a general rule which needs to be
respected;

not to interrupt the power;

not to change the computer status in any way;

to record the searched place, to document the


system configuration and the existing conditions at the
crime scene at the time of the arrival, as well as the status
in which the equipment is found;

to photograph the serial numbers, model numbers


and the wiring diagrams of the equipment;

to label all the evidence, so that cables and other


parts of the equipment could be reassembled in the same
configuration;

to apply the diskettes Code (barrier) to protect


against their tape writing.
Experts advise that if the computer equipment is not
in function when arriving at the crime scene, to proceed
with its dismantling and its cataloging as evidence. The
system can be later on reassembled in a safe place,
using videos and photos, so that will be reassembled in
the same configuration that was found. On this occasion,
experts can help us to inspect the equipment and media
tools to find the incriminating evidence.
In case of electronic journals:
If an electronic journal in operation is found where
the search is carried out, we must take into account,
mandatory, the following:

to carefully observe the monitor, in order to


determine if any incriminating information is transmitted
or received by one who initiated the telephone call;

if we determine that YES, then it is necessary


to leave the system to work, and try to determine the
identity of those who are accessing the system;

if we determine that NO, just unplug the


modem;

it is necessary to locate and to take care that


the printed works or other documents with incriminating
evidence to be safe.
In general it is better to show a lot of great care in
connection with the computer equipment and all materials
associated with it, because it is essential to keep the
evidence intact.
It is also necessary to note that if once we reached
the crime scene and the electronic equipment is not
operating, it should not be put in function by us, because
the computer could be programmed to distinguish whether
the evidence is not accessed in a certain manner. It is good
therefore, in this matter, to pay a special attention, and if
the equipment is on and operates when the team arrives,
then we must make sure that we did the following:

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI


that we copied what is displayed on the computer
screen;

that the suspect has not been near the


computer;

that we didnt touch nothing, if we do not know


exactly what to do.
To stop the system in a safe way we must go through
certain stages, and if we didnt do this, then certainly we
could lose important evidence, therefore, the experts
advice will be helpful, because sometimes he can give
us useful advice over the phone, even when we have
little knowledge in the field.
There is a tendency that the legal authority, once at
the crime scene, to try and run the software in order to
find out information about files and computer operations.
Such initiative must be tempered a bit and to be careful
with what we do in these moments.
Certain software, when we operate them, could
produce changes in the hard disk or the file device,
such as changing the data files. In such a context, the
evidence content may be subject to change, which, later
on, will make us regret taking this step.
Raising and preserving evidence:
Evidence which we find at the crime scene, will be
more useful if we maintain and preserve them in the
exact state in which they were found, and if we need
to run the program on the computer to be sure that
the specialist who is accompanying us agrees to this
matter. In addition, if we remove from the crime scene
magnetic disks or tapes, we must be careful that they will
be kept in a place where the temperature is between 15
and 25 degrees Celsius and low humidity (35-50%). An
essential aspect in order to preserve these goods in good
conditions, is that we must be very careful if the storage
unit or the area near it is located near magnetic fields.
In some instances, it is likely to be impossible to
take the evidence with us, or bring them to the material
evidence room specially designed at the judicial police.
In such cases, it is necessary to seal the equipment and
leave it for safe keeping at the person searched, notifying
him that he cannot dispose it, use it and to reduce its
value, otherwise committing the offense of seizure evade.
This notification of the one that keeps the evidence (either
of those on which they have been found, or a custodian)
will be recorded in the search minutes. If necessary, the
crime scene will be permanently guarded.
In accordance with the procedures, the removed
objects unrelated to the case shall be returned. Also, inside
the minutes, in addition to the general terms recorded on
such occasions (date, place, name and surname of that
one who completes it, witnesses, detailed description
of the findings, etc.- see, in this respect, art. 91 of the
Criminal Procedural Code), to mention the following:
place, time and conditions under which the goods were
found and removed, their detailed listing and description
(art. 108 of the Criminal Procedural Code). A copy of the
minutes will be left to the searched person (art. 108 par.
4 Penal Code).
The role of the digital technology specialist:
As we repeatedly said throughout this article, it is
very important that from the start of electronic fraud
investigation, a specialist in computer technology to be
involved and.
His presence, together with those investigating a
crime produced by new technologies, is important in
several respects:

he can help us in formulate and motivate the


request addressed to the court for issuing a search
warrant;

his presence is required to make the search itself,


helping us to protect the equipment during its carrying
and removal, if the situation will require;

he can clarify many misunderstandings which


we have regarding the situation discovered at the crime
scene.
The specialist can help the judicial police team when,
under the guidance of the prosecutor, prepares the
documentation through which solicits a search warrant
from the judge. Thus, the application will nominate
sometimes not only the component parts that must be
investigated, his advice being an important one, helping
to avoid the formulation of an application with very
few details, having as a result the accusation and the
probation of the crime activity in court.
The computer can be used for many other activities
and not anything connected to the suspect computer can
be in relation with the undergoing investigation.
The specialist should be part of the team that deploys
to the crime scene, and at the end of the search, he
must be included in the written minutes. The specialist
is the technical advisor of the team that deploys to the
crime scene, either to investigate the crime scene, or to
perform the search itself.
Experts advice are helpful to us as well, not to touch
the computer, peripherals equipment or the power
sources. If we didnt took a specialist with us in the team,
then we will have to advise with him about these problems
over the phone.
For the high evidence transport and storage, the
specialists advice is essential, many of the removed
evidence being quite fragile. For example, some removed
evidence cannot be kept in any conditions of temperature
or humidity, or certain areas of the removed parts cannot
be touched, folded, bent or pressed. Equally important
is that the removed parts not to be exposed to high
magnetic fields, because a magnetic field can erase all
information from the removed crime object.
Finally, the specialist presence among the investigation
team and his referral to the minutes, gives more credibility
for this moment to the court.
We all know that certain components are running on
batteries, those being the source that supports certain
data stored in the computers memory, and they might
run out if the investigation takes place over a longer
period of time, such as a few years before reaching the
court, fact which would aggravate the situation and make
it difficult in the court, so, during the judicial investigation,
a technical expertise should be carried out.

References:
1. Tudor Amza and Cosmin Petronel Amza,
2. Electronic Signature; Lumina Lex Publishing
House, Bucharest 2008.
3. Law no. 455/2001.
4. Joelle Farchy, Internet et le droit dauteur, CNRS,
Paris, 1988.
5. Penal procedural Code, 8th Section.
6. David Icove s.a, Computer crime, Ed. OKeilly
Inc., 103 Moris Street, Suite A Sebastopol, C.A. 95472.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

819

Research done
by the Univ. Prof. Dr. Tudor Amza
As a result of a long experience that he has in crime
fighting and prevention and his excellent preparation, General
(ret.) Univ. Prof. Dr. Tudor Amza published many paper works
of great theoretical and practical value in law, criminology and
police. From their category we can name the paper called the
Criminal Law the general part, performed in collaboration
with his son, Univ. Lect. Dr. Cosmin Petronel Amza and his
wife, lawyer Elena Amza. The paper includes the following
chapters:
Criminal law - separate branch of law; Criminal law.
Concepts and categories; The application of the criminal
law in space; The application of
the criminal law in time; Criminal
justice report; The crime; The
constitutive
crime
elements;
International Crimes - phases and
development forms; The plurality of
offenses; Causes which remove the
criminal nature of the offense; The
criminal partnership; The criminal
liability; Penalties; The minority of
the offender; Security measures;
Application and execution of the
sentence; Causes which remove
the sentence execution or the
conviction consequences.
For Prof. Dr. Tudor Amza, on 11
December 2009 was the most difficult
and painful day of his life and the whole family, his sons soul,

Univ. Lect. Dr. Cosmin Petronel


Amza, ascended into heaven.
At the age of 36, Cosmin
Petronel Amza was university
lecturer and doctor at Titulescu
University, a great specialist in
cyber statistics and economic
informatics, information systems
researcher with applications
in financial accounting, author
of some specialty literature
published at home and abroad.
This precious young man, who
crossed over to the other world,
has left a void in the soul of his
parents, his wife Helen and their
children, Robert and Larisa,
whom he loved very much.
After one year since Cosmin Petronel passed over to the
holy ones, Professor Tudor Amza developed the paperwork
Cosmin Petronel Amza in Memoriam, which presents the
most important aspects of his sons life and work.
In addition to Cosmins teaching and scientific activity,
Professor Tudor Amza publishes also his poems created by
him when he was still in school, and a family album.
For the Romanian Forensic Association, Cosmin
Petronel Amza remains the man who will be missed by
the informatics domain, he was a model of dedication to
science and to the Romanian school, he will always remain
a beautiful memory for the forensic community.
God rest him and and rest his soul!
Prof. Vasile Lpdui

INVESTIGATION OF THE AGING PROCESS


OF SCRIPTURAL MATERIALS SUCH AS
INKS AND BALLPOINT INKS FOR PENS BY
THERMAL DESORBTION COUPLED WITH GAS
CHROMATOGRAPHY MASS SPECTROMETRY
INVESTIGAREA PROCESULUI DE MBTRNIRE
A MATERIALELOR SCRIPTURALE DE TIPUL
CERNELURILOR I PASTELOR PENTRU PIXURI PRIN
DESORBIE TERMIC CUPLAT CU GAZ CROMATOGRAFIE
I SPECTROMETRIE DE MAS
Comisar ef de poliie dr. ing. chimist Maria Georgeta STOIAN
Subcomisar de poliie drd. ing. chimist Elena GALAN
Institutul Naional de Criminalistic din I.G.P.R.
Serviciul Expertize Fizico-Chimice
Abstract
Since the invention of paper, written documents have played an important role in society.
They have played a decisive role in areas such as culture, arts, education, communication
and not in the least in economic transactions. Today, the advances of computer science
have put the digital exchange of information in a privileged position, yet paper and materials
such as inks or ballpoint inks are still preferred in many applications: contracts, testaments,
receipts, letters, tickets, banknotes, etc. Therefore, fraud committed in connection with
these documents represents an important area of forensic investigation.

820

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

In terms of economic value of written documents, the physical-chemical examination and


characterization of writing inks and ballpoint inks are an important tool in the discrimination
of the original documents from the false ones. Furthermore, forensic experts are confronted
in their work with questions about material scriptural age. But so far the scientific community
has not established a method for dating of inks.
Ink aging is a very complex physical-chemical process which is influenced by many
factors, of which composition range of writing inks and ballpoint inks and their various
storage conditions have a significant contribution. To understand this complex process,
some types of writing inks and ballpoint inks were selected on the Romanian market
and have been studied by thermal desorbtion coupled with gas chromatography - mass
spectrometry. Potential use of solvents contained in inks and ballpoint inks for estimating
age of written documents was studied, in order to determine the limitations and potential
applications.
Key words: inks and ballpoint inks, physical-chemical examination, ink aging, thermal
desorbtion coupled with gas chromatography - mass spectrometry.
Rezumat
De la inventarea hrtiei, documentele scrise au avut un rol important n societate. Ele
au jucat un rol decisiv n domenii precum cultura: artele, educaia, comunicarea i, nu n
ultimul rnd, n tranzaciile economice. n zilele noastre, progresele deosebite din domeniul
informaticii au adus schimbul digital de informaii ntr-o poziie privilegiat, ns hrtia i
materialele scripturale, de tipul cernelurilor sau pastelor pentru pixuri, sunt nc preferate
n multe aplicaii: contracte, testamente, chitane, scrisori, tichete, bancnote etc., de aceea,
fraudele comise n legtur cu aceste documente reprezint un domeniu important de
investigare criminalistic.
Din punct de vedere al valorii economice a documentelor scrise, examinarea fizicochimic i caracterizarea cernelurilor i a pastelor de scris constituie un instrument important
n discriminarea documentelor originale de cele false. Pe de alt parte, experii criminaliti
se confrunt, n munca lor, cu ntrebri legate de vechimea materialelor scripturale. Pn
n prezent ns, comunitatea tiinific nu a stabilit o metod de determinare a vechimii
materialelor scripturale.
mbtrnirea materialelor scripturale este un proces fizico-chimic foarte complex
care este influenat de foarte muli factori, dintre care compoziia variat a cernelurilor
i pastelor de scris i diversele condiii de pstrare a acestora au o contribuie esenial.
Pentru a nelege acest fenomen complex, cteva tipuri de cerneluri i paste de scris au
fost selectate de pe piaa romneasc i au fost studiate prin desorbie termic cuplat cu
gaz cromatografie - spectrometrie de mas. Poteniala utilizare a solvenilor din compoziia
cernelurilor i a pastelor de scris, n estimarea vechimii documentelor scrise, a fost studiat
n vederea determinrii limitrilor i posibilelor aplicaii.
Cuvinte cheie: materiale scripturale de tipul cernelurilor sau pastelor pentru pixuri,
examinarea fizico-chimic, mbtrnirea materialelor scripturale, desorbie termic cuplat
cu gaz cromatografie - spectrometrie de mas.

1. Introduction. Theoretical aspects.


Since the invention of paper, written documents have
played an important role in society. They have played a
decisive role in areas such as culture, arts, education,
communication and not in the least in economic
transactions. Today, the advances of computer science
have put the digital exchange of information into a
privileged position, yet paper and scriptural materials
such as writing inks and ballpoint inks are still preferred
in many applications: contracts, testaments, receipts,
notes, letters, tickets, banknotes, medical records
and so on. Therefore, fraud committed in connection
with these documents represents an important area of
forensic investigation called questioned documents.
Very important issues depend on the authenticity of
a document, and forgeries are probably as ancient as
writing.
In terms of economic value of written documents, the
physical-chemical examination and characterization of
writing inks and ballpoint inks are an important tool in the
discrimination of the original documents from the false
ones. Although physics and chemistry have introduced a

solid scientific dimension, the forensic field of questioned


documents is still very complex.
The document forensic expert may have to closely
examine a handwritten or printed paragraph, a signature,
or an entire document, and determine whether it is
genuine or counterfeit. The most frequent questions
raised are: Who is the author? and When was the
document produced? A close comparison of handwritings
or typescript may be helpful for handwriting forensic
experts in answering the first question. In many other
cases, paper and ink will have to be compared by forensic
chemistry experts, especially when they are confronted
in their work with questions about the age of documents/
scriptural materials.
Paper forensic examination involves determining the
physical-chemical properties of paper: thickness, specific
weight, apparent density, color (given by the nature of
dyes used), and identifying fillers and the mixture of
materials which paper is made of.
Forensic examination of scriptural materials such
as inks provides for deep and multilateral analysis of
chemical and physical properties, applying a complex

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

821

of chemical and physical-chemical methods, aimed:


differentiating writing material, ink type determination,
establishing commonality of inks origin (comparative
research, identification to confirm whether or not two
documents were written by the same scriptural material),
identification and interpretation of the changes, deletions
and additions made in the case of documents and,
finally, restoring illegible texts. At the same time, great
importance is a thorough study of clues that show the
procedure of writing text, document storage conditions
etc., clues that have a particularly large role in the
comparative examination of inks.
Writing ink was used in Egypt for writing on papyrus.
These early inks were composed of a carbonaceous
compound base extracted from cephalopoda (e.g.
squids) or carbonized organic substances (in China).
Iron-gallotannate inks have been widely used since the
early 12th century. Vanadium salts and aniline used
in the late 19th century are no longer in common use.
Today, inks are mostly water-based (fountain pens, inkjet
printers) or glycol-based (ballpoint pens). The laser
printer process works with hot deposition on paper and
requires no solvent.
So, inks contain various dyes (acid, basic and direct),
solvents, volatile organic compounds and compounds
such as: glycerol, ethylene glycol, dextrin, phenol, organic
acids etc.
Ballpoint pens were developed in Europe in the 1930s
by Biro and commercially produced since 1944 in the USA.
Until the 1950s, the inks contained iron-gallotannate or
washable dyes with oil-based solvents. Since 1950,
most inks are glycol-based and copper phthalocyanine
pigments were introduced in 1954.
Currently, the most common instruments for writing
on paper are ballpoint pens. To avoid slow drying and
broadening of written lines, smudging, and fading,
ballpoint inks have been developed as special mixtures
of glycol solvent, colouring agents (dyes and pigments),
anti-corrosives, waterproofing agents, coagulants,
oleophobic and other additives, which make inks a
closely-guarded industrial secret. Some manufacturers
make inks, some make ballpoint inks, some make both,
which further complicates an already dynamic and broad
market. Ballpoint ink is mainly manufactured in Japan,
Germany, the USA, and China.
Ballpoint ink contains the following major compounds:
solvents (50%), dyes and pigments (25%) and resins
(25%). Other ingredients are present in small quantities
and include lubricants, biocides, surfactants, corrosioninhibitors,
sequestrants,
shear-thinning
agents,
emulsifying agents, buffers and many other minor
additives to adjust pH, viscosity, polymerization and
prevent pen blockage or microbial growth in the ink.
The dyes and pigments are the colorant components
of ink contributing their colouring properties. Dyes are
coloured, ionic aromatic organic compounds. Many
colorants exist on the market; those for ballpoint ink must
have a strong, lasting colour and low price. The dyes are
mainly cationic (or basic) dyes. Anionic (or acid) dyes are
also in ballpoint pens ink, but less commonly.
Solvents, unlike the dyes are not meant to remain in
ink for years, being added in ink for two main reasons:
dilution of the colorant and its application on paper.
Glycol solvents are the solvents most commonly used in
ballpoint inks, as such that ink must be more viscous than
water. They allow the ink to stay fluid in the pen cartridge
but dry quickly on paper after application. Lubricants such
as oleic acid are added to permit the ball to rotate freely.

822

Several examples of typical solvents found in ballpoint


pens are: phenoxyethanol, phenoxyethoxiethanol,
dipropylene glycol, benzyl alcohol, butylene glycol,
phthalic anhydride, oleic acid and 2 - pyrrolidone.

2-phenoxyethanol

Phthalic anhydride

2-phenoxyethoxiethanol

Benzyl alcohol

Dipropylene glycol

2-pyrrolidone

Butylene glycol

Oleic acid

Resins are substances of relatively high molecular


weight synthesized by polymerization of monomers. They
are added to the ballpoint ink formulation for adjusting
the viscosity of the ink and increasing film strength and
lubricant qualities as the ink flows from the ball onto the
paper. Resins additionally create a bond between the
ink and papers while they polymerize during the drying
process. They are insoluble in water, but soluble in the
organic solvents contained in the ballpoint ink formulation.
Some examples of resins used are: ketone, sulfoamide,
maleic, xylene, alkyd, phenolic and rosin resins, ester
gums etc.
In the expertise, especially comparative one, of any
kind of documents is necessary to know the interaction
process of inks and paper. Knowledge of this aspect is
very important in choosing the method of ink extraction
for a comparative analysis of inks on different kinds of
paper, especially in the comparative analysis of liquid
ink and the paper statements, and also for studies to
establish the text age. Interaction processes between ink
and paper are very complex because they are related to
a range of physical-chemical phenomena such as wetting
the paper surface with ink, ink absorption in the inner
layers of paper, fiber swelling, diffusion in micropores,
the capillary dyes distribution etc.
In order to define the ink analysis results, especially
in their comparison, and in their age studies, have a

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

great importance to assess the influence of external


factors on the inks properties (external factors are light,
moisture, chemicals in the atmosphere, impurities in
paper etc.). Long storage of documents, even under
favorable conditions, leading eventually to changes in
hue and color inks, and in many cases even to full text
discoloration. This phenomenon occurs as a result of
action over dyes of harmful mixtures existing in paper
and in the atmosphere.
Differentiation of scriptural materials and establish the
type of ink is based on finding characteristic properties
caused by their specific chemical composition. These
properties include: nature of the settlement on paper,
signs microstructure (indents), visible infrared crossing
level, solubility, and, finally, the presence of chemical
substances, characteristic for each material. Based
on these properties of scriptural materials, forensic
examination of them requires performing a variety of
analysis in order to determine the type of ink, when there
are sufficient quantities of material, and especially in
order to determine the similarities or differences between
scriptural materials and their possible common origin.
We note that forensic experts are confronted in
their work with questions about the age of documents/
scriptural materials. Determining the age documents
was the subject of detailed studies, at least lately. But
inks and ballpoint inks entries can only be dated with
an understanding of the aging mechanisms and of the
factors influencing the aging of the ink compounds.
Until now, very few systematic studies that could help to
understand the fundamentals of these complex processes
are available.
Inks aging is a very complex physical-chemical process
which is influenced by many factors, and many forensic
scientists confronted routinely with the age question
have tried - besides their routine work - to develop dating
methods, but were unable to validate them. Time is a
decisive factor in the development of such a method, since
the aging processes, apart from their inherent complexity,
depend on many factors such as storage conditions and
ink composition. The influence of these factors is largely
unknown to the forensic community, and a large amount
of time would be required to study them exhaustively.
The task is made even more complex by the diversity
and rapid evolution of the ink market, which strongly
depends on the availability, price and quality control of
the components involved. There are no forensic labs
in the world which possess an up-to-date collection of
samples from the ink market in their country. Databases
for the ink composition were created by the US Secret
Service of USA and the Landeskriminalamt from Bayern
(Germany), in collaboration with ink manufacturers. It
should be noted however, that any database can never
be fully updated to date. Moreover, the resources that
would be required to determine all aging processes of
all types of inks under all possible conditions simply do
not exist. An additional problem in studies of the aging
of ink is that certified samples are not available from old
batches.
On the other hand, some of the older methods
proposed to date scriptural materials, such as those
based on chloride or sulphate ions migration from the ink
into the paper, can no longer be used, since the most
inks do not contain now these ions. Also, the gallotanic
inks used in the beginning were acidic and caused

paper deteriorating. Moreover, they contained iron, that


oxidised, causing a change in ink colour.
Static dating of inks is based on industrial changes
in ink composition that occur over time. But to allow the
identification of a particular type of ink introduced at a time
on the market is absolutely necessary to have access
to a comprehensive database of materials such as inks
or ballpoint pen inks existing or having existed on the
market. This database should cover a broad geographic
region (ideally worldwide) and a broad time span (ideally
all the way back to the market introduction).
Dynamic dating is based on the determination of
aging parameters and kinetics. If these parameters are
reproducible under given circumstances, it is possible to
determine the age of an entry and, thus, the time when
the entry was apposed on the document. Similar issues
are encountered when determining the time of death or
the age of a person in forensic medicine. This
is a rather hard challenge in most cases, because
aging is influenced by many other factors apart from time
that may accelerate or quench the given processes. As
well, it is essential that the dating methods be validated
and their reliability established before practicing them
and presenting their results in court.
The factors influencing the aging of scriptural materials
such inks can be classified in two main groups: the
storage conditions and the initial ink composition. Time
causes aging, which leads to quantitative and qualitative
changes in the composition of ink. These changes can be
followed by analytical means, and may give indications
as to the time elapsed between application of the ink to
paper and the measurements.
It is usually admitted that in a cartridge, the ink
undergoes very slow changes or no change at all. Once
ink is applied on paper, the aging processes start: the
solvents migrate into the paper and evaporate, the dyes
fade, and the resins polymerise.
Drying of inks is a very complex phenomenon
characterised by evaporation of the solvents in the
ambient air and their simultaneous adsorption on and
diffusion into the paper. Among others, these processes
are greatly influenced by light, temperature, humidity,
air flow and physical properties of the substrate so that
the storage conditions are an essential factor in the
kinetics of the drying process. The presence of porous
or non-porous adjacent materials is important too. Ink
composition will affect drying, since the evaporation and
diffusion processes depend on the type and surface area
(concentrations) of solvents and may also significantly
change with the presence of other solvents, additives or
traces such as fingerprints and greasy stains. In earlier
forensic studies, the simplifying assumption had been
made that the following elements: paper properties (pore
size, coating, pH, the adsorption/diffusion properties of
the paper), the composition of ink (solvents, dyes, resins
and the set of additives) and storage conditions have no
decisive influence on the aging curves (or drying rate),
and that is to decide whether an ink entry is fresh or
old, without knowledge of these factors. However, when
considering the basic principles of the theory of drying,
can easily see that these factors actually cannot be
neglected and that doing so could lead to discrepancies
in the interpretation of results. Therefore, in recent years
has highlighted the importance of assessing all these
variables when assessing the drying/aging process.
Since external factors (storage conditions) and internal

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

823

factors (ink composition) decisively influence the aging


processes of ink, they have to be known and taken
into account when interpreting the analytical results.
Theoretical drying rate equations have been proposed,
but since most of the factors involved are difficult to define
theoretically, these equations are limited applicability, and
additional empirical measurements are needed to follow
the drying of ink on paper.
In many publications, methods for dating of scriptural
materials have been reported or proposed, but none is
actually validated internationally, and only a few scientists
dare to use them in court. But so far the scientific
community has not established a method for dating of
scriptural materials.
Lately, interest was revived into a method first proposed
by Stewart in 1985, in which evaporation of the volatile
components of ink is measured using gas chromatography
- mass spectrometry (GC-MS). The Forensic Division of
the Canada Customs, the Swedish National Laboratory of
Forensic Science, the Bavarian State Bureau of Criminal
Investigations of Mnich in Germany, the University
of Mnster in Germany and the State Police of Zrich
in Switzerland have reported encouraging research
performed by them in this field. Interestingly, however,
three different studies on one hand have indicated that a
dating of ink by this method becomes impossible after a
few days, while on the other hand Aginsky, and recently
a research group based in China, reported very positive
results for analysis conducted over longer periods of
time. These contradictory observations could possibly be
explained by different methods of sample preparation:
liquid extraction with different solvents (acetonitrile,
dichloromethane or methanol), derivatisation, solid phase
microextraction (SPME) and thermal desorption.
Currently, the Romanian National Forensic Science
Institute, by the Physical-Chemical Examination
Department, has the possibility of making comparisons
between different types of scriptural material, designed
to highlight the similarities or differences in composition
between them. Besides chemical expertise that can be
done on scriptural materials of a document, that requires
the partial destruction of it, but offers the most complete
results, there is possible to perform only non-destructive
physical analysis, namely comparative analysis of
spectral characteristics of scriptural materials, both in
visible - ultraviolet and in infrared domains.
Therefore, inks analysis is currently limited to
comparing the profile of organic dyes/pigments. However
this does not allow to forensic chemist experts to specify
how long the ink was applied on a document.
Since recently the Physical-Chemical Examination
Department equipment was supplemented by a
thermal desorption unit type UNITY 2 coupled to a
gas chromatograph type FOCUS GC coupled with a
quadrupole mass spectrometer type POLARIS DSQII,
our concerns were directed to other types of analysis
which can allow discrimination of scriptural materials such
as inks and to estimate the age of a written document,
based on analysis of their uncolored components such
as: solvents, additives and fillers.
This paper focuses on the study by thermal
desorption (TD) coupled with gas chromatography and
mass spectrometry (GC-MS) method of the potential use

824

of solvents commonly used in inks and ballpoint inks


formulas to estimate the age of written documents, in order
to determine the limitations and possible applications.
2. Experimental part. Materials and methods.
Results and discussion.
Proposed study was conducted as follows:
1. Developing a method for analyzing scriptural
materials such as inks and ballpoint inks by thermal
desorption coupled with gas chromatography and mass
spectrometry (TD-GC-MS)
The main stages of TD-GC-MS method are:
- Transfer of volatile and semivolatile compounds
from sample in the tube with adsorbent material (Tenax)
by direct heating of the sample, in the heat extraction
chamber, under nitrogen stream, at a certain temperature
and in a certain time.
- Desorption of volatile and semivolatile compounds
adsorbed on Tenax tube - is carried out in thermal
desorption unit, where is the following processes: air
purging of the tube with adsorbent material; heating
the Tenax tube for volatile and semivolatile compounds
desorption and their transfer in the intermediate cooled
trap; heating the intermediate trap and transfer of volatile
and semivolatile compounds by heated transfer line in
the capillary column of the gas chromatograph.
- Separation of volatile and semivolatile compounds
in chromatographic column by setting a suitable
temperature program.
- Analysis of volatile and semivolatile compounds
separated in mass spectrometer.
Each stage involves setting working parameters, as
follows:
- Establish working parameters of the thermal
desorption unit type UNITY 2:
- Tenax tube purging time: 1 min;
- Sample desorption from Tenax tube time: 5 min;
- Sample desorption from Tenax tube temperature:
320 C;
- Prepurging of the intermediate trap cooled to
temperature -10 C: 1 min;
- Intermediate trap heating temperature: 320 C;
- Intermediate trap heating time: 3min;
- Temperature of the transfer line of sample from the
thermal desorption unit to
gas chromatograph: 200 C;
- Establish working parameters for gas chromatograph
type FOCUS GC:
- TR-5MS capillary column, length 15m, inner diameter
= 0.25 mm, stationary
phase film thickness = 0.25 mm;
- Column temperature: 50C (2min) 300C, heating
rate 15C/min;
- Transfer zone temperature: 300C;
- Establish working parameters for mass spectrometer
type POLARIS.
- Mode: EI/Full Scan;
- Scan range 35-350 u.a.m.; Scan time: 0.5 sec;
- Ionization source temperature: 250C.
- Establish working parameters of the heat extraction
chamber type CTE. Were used pieces of 1x2cm size
Xerox paper, on which two words were written with the
same scriptural material.
- determination of adsorption time of scriptural
materials on Tenax tubes: adsorption time was varied:
10, 20, 30, 40 min; it was found that the optimum time for
adsorption on Tenax tubes is 20 min.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

- determination of adsorption temperature of scriptural


materials on Tenax tubes: adsorption temperature was
varied: 40C, 50C, 60C, 80C; it was found that the
optimum temperature for adsorption on Tenax tubes is
50C.
It was also determined the optimal quantity of
scriptural material to be deposited on paper for
experimental analyzes: using the same type of paper
(Xerox) and the same scriptural material (blue ballpoint
ink type TRATTO1), were apposed on paper fragments
1x2cm size following: lines with length of 1 cm, 2 cm and
3 cm and words: one word, two words, three words. It
was found that a quantity of scriptural material existing
in composition of two words is optimal for experimental
proposed in this study. Note that by this process has
not been determined method detection limit, but only
the optimal quantity of scriptural material necessary
for assessments proposed in this study. In Table 1 and
Figures 2 and 3 are the results obtained.
Table 1. 2 - phenoxyethanol peak areas for studied
scriptural materials deposits
Ballpoint ink

2 - phenoxyethanol
peak area

pixTRATTO1_1linie

156.823.745

pixTRATTO1_2linii

320.988.398

pixTRATTO1_3linii

580.284.051

pixTRATTO1_uncuvant

1.822.621.756

pixTRATTO1_2cuvinte

3.469.281.408

pixTRATTO1_3cuvinte

7.533.037.412

pixTRATTO1_2cuvinte_10min

3.654.863.904

pixTRATTO1_2cuvinte_20min

11.917.597.538

pixTRATTO1_2cuvinte_30min

18.570.908.102

pixTRATTO1_2cuvinte_40min

24.689.929.596

2. Analysis of ballpoint inks from different


manufacturers sold on the Romanian market, in
order to assess volatile compounds/solvents which
they contained.
Were analyzed 6 blue ballpoint inks of different hues
and 5 black ballpoint inks. Two words were written with
these ballpoint inks on pieces of 1x2cm size Xerox paper.
For comparative examinations of ballpoint inks was used
compound 2-phenoxyethanol.
Quantitative analysis was performed based on
2-phenoxyethanol specific ions (ions with m/z = 94,
m/z = 138) which were extracted from chromatograms
obtained in Full Scan, then calculating the obtained peak
area (Tabel 2).
It was found that whatever manufacturer or hue, gas
chromatograms have the same pattern (Figures 4, 5
and 6), indicating the presence of the same compounds:
benzene, toluene, o-dichlorobenzene, 2-phenoxyethanol,
fatty acids (pentadecanoic acid, hexadecanoic acid,
dodecanoic acid derivatives), naphthalene derivatives,
ketones (nonal, decanal).
Table 2. 2 - phenoxyethanol peak areas for different
ballpoint inks
Ballpoint No.
ink
Blue
ballpoint
ink

Black
ballpoint
ink

Manufacturer

2 - phenoxyethanol
peak area

PPA_HARDMETH

3.683.940.713

PPA_ICOORIENT

14.904.769.317

PPA_PARKER

5.101.289.222

PPA_PELICAN

8.332.942.309

PPA_SCHNEIDER

3.154.059.434

PPA_TRATTO

10.994.931.567

PPN_CSI

9.174.580.667

PPN_
NECUNOSCUT

37.826.509.398

PPN_PRISMAMED

10.496.720.602

PPN_SCHNEIDER

32.424.873.926

PPN_TRATTO1

101.928.292

Figure 2. Graphics of areas/words

Figure 4. Gas chromatograms of ballpoint inks type Parker,


Schneider, Pelican and Hardmeth

Figure 3. Graphics of areas/time

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

825

Figure 5. Gas chromatograms of ballpoint inks type Icoorient,


Tratto, Parker, Schneider and Pelican between retention times
tR = 0-6 min. (left) and tR = 0-1,6 min. (right)

Figure 6. Gas chromatograms of ballpoint inks type Icoorient,


Tratto, Parker, Schneider and Pelican between retention times
tR = 3,8-4,8 min. (left) and tR = 5,5-8,5 min. (right)

It was found that the percentage of 2-phenoxyethanol


vary by manufacturer, which may be an element of
differentiation of ballpoint inks.

components from the scriptural materials formulas by


incomplete extraction or by their evaporation during
concentration, in this study was used direct adsorption
method of solvents from paper support to Tenax tubes.

3. Studies related to the use of thermal desorption


coupled with gas chromatography and mass
spectrometry method (TD-GC-MS) to estimate the
age of scriptural materials such as inks and ballpoint
inks
In some literature states that the evaporation of
solvents contained in scriptural materials such as inks
(after their application on paper) is a phenomenon of short
duration (up to a month) and therefore this phenomenon
can not be used in studies to estimate the age of written
documents. In these studies, for the extraction of
scriptural materials on paper support was used various
solvent, method which not provides a complete takeover
of scriptural material and is accompanied by loss of
removed solvent by evaporation performed in order to
concentrate solutions, as well as contamination with
other compounds contained in the paper.
In order to eliminate interferences from the chemical
composition of paper, and loss of solvents and colored

826

Were analyzed samples from 15 written documents


from the years 1993-2010 (tabbed notebooks kept in
drawers, under the same conditions of temperature,
humidity, lighting etc.) and it was found out the presence
of solvents in all written documents during these 15
years (Table 3). In Figure 7 are TIC and ionoselective
gas chromatograms at m/z = 94 and m/z = 138 of blue
ink from 2007 (a) and 2 - phenoxyethanol mass spectra,
at tR=6,53 (b).
Therefore, it was demonstrated that thermal desorption
coupled with gas chromatography and mass spectrometry
method (TD-GC-MS) can be used in studying the aging
process of scriptural material such as inks. Note that in
this study were analyzed different ballpoint inks applied
on different papers, but kept under the same conditions.
Documents written in 1994, 1995 and in 1996 were
apposed on the same paper.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Table 3. 2 - phenoxyethanol peak areas for ballpoint


inks from different years
Ballpoint ink

Table 4

2 - phenoxyethanol
peak area

Ink

2-phenoxyethanol
peak area

pix_albastru_1993

12.566.726

cerneala_albastra_2006

52.344.180

pix_albastru_1994

47.011.261

cerneala_albastra_2007

56.043.533

pix_albastru_1995

50.441.875

cerneala_albastra_2008

58.757.424

pix_albastru_1996

56.364.002

cerneala_albastra_2009

64.128.289

pix_albastru_1997

48.632.732

pix_albastru_1998

48.126.270

pix_albastru_2000

28.143.462

pix_albastru_2001

18.621.239

pix_albastru_2003

19.343.263

pix_albastru_2004

22.958.071

pix_albastru_2006

38.333.422

pix_albastru_2007

26.426.482

pix_albastru_2008

8.051.018

pix_albastru_2009

8.378.197

pix_albastru_2010

20.201.583

Table 5
Ballpoint ink

2-phenoxyethanol
peak area

pastapix_albastru_2006_
Parker

10.482.941

pastapix_albastru_2010_
Parker

20.201.583

2-phenoxyethanol

Figure 8. Graphics of areas/inks

Figure 7. TIC and ionoselective gas chromatograms at


m/z = 94 and m/z = 138 of blue ink from 2007 (a) and 2 phenoxyethanol mass spectra, at tR=6,53 (b)
Figure 9. Graphics of areas/ballpoint inks

Were analyzed, also, samples from documents written


with the same type of blue ink (Pelican), on the same
type of paper, in 2006, 2007, 2008, 2009, and documents
written with the same blue ballpoint ink (Parker type),
on the same type of paper, in 2006 and 2010 (sheets
of paper from notebooks with the same type of paper
support, kept in drawers, under the same conditions of
temperature, humidity, light etc.).
It was found, according to data from Tables 4 and 5,
and graphics in Figures 8 and 9, that the area/amount
of 2-phenoxyethanol proportionally decreases with
document year, both for ink written documents and
ballpoint inks written ones.

From the results of these studies, it is necessary


to conduct additional studies for more types of inks/
ballpoint inks and for method optimization and validation,
because once a method has been established within
a given laboratory, it is imperative to perform blind
testing and validation. It is therefore necessary to carry
out the important aspects of reliability for an analytical
method: reproducibility, repeatability, systematic error
or bias (accuracy) and specificity and limit of reliable
measurements.
Study showed that good results can be obtained only
by comparing the scriptural deposit created with same

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

827

fountain pen/ballpoint pen on the same type of support


and were kept under the same conditions (in the same
locations, under the same conditions of temperature,
humidity, lighting etc.), but may be useful both for a more
complete characterization of scriptural materials such as
inks and to comprehend how a scriptural materials dating
method should be developed and validated in order to
provide useful and genuine results.
3. Conclusions
The future of physical-chemical examination on
scriptural material still remains to solve the two main
objectives, namely their identification and comparison,
for forensic purpose, based on both qualitative and
quantitative measurements, when possible.
The answer at the question about the age of an ink
entry lies more on the inference of sources rather than
the technological or analytical aspects. One can therefore
argue that an unequivocal conclusion about the age of an
entry will never be possible in practical forensic cases, as
the nature of the samples (small amounts and complex
ink-substrate matrix) and the influence of the storage
conditions (in the closed or opened location, protected or
unprotected) may actually yield larger differences in the
dyes and solvents fractions of the ink entry than the ones
provoked by time. Therefore, the measurement however
precise would give no indication about the true age of
the ink.
Since the Romanian National Forensic Science
Institute does not have a scriptural materials reference
collection or authoritative, regarding the various classes
of existing inks over time or their compositions, forensic
chemists experts can not tell whether a scriptural material
of an analyzed document is specific to a certain time
period (dating it).

Dating inks and ballpoint inks method involving


drying of solvents have to be extended, validated and its
reliability established while taking into accounts all of the
factors of influence.
In practical cases, any information that can be
gathered as to the type of fountain pen/ballpoint pen (ink)
that was used, and the storage conditions, may be helpful
in excluding some possibilities and obtaining accurate
assessment data. Therefore, knowledge of initial ink
composition is imperative for any attempt at dating an
entry on the basis of the solvent concentration.
Strictly, this method should only be applied when
comparing two ink entries made with the same pen and
in the same thickness, on the same sheet of paper (of
uniform quality), and kept under the same conditions,
without sources of contamination (all factors must be
controlled). Then, a difference in concentrations of
solvents would suggest a difference in age. Until then, the
solvent method of analysis by thermal desorption coupled
with gas chromatography and mass spectrometry may be
useful for a more complete characterization of scriptural
materials such as inks and ballpoint inks.
Bibliography
1. Weyermann Cline, Mass spectrometric investigation
of the aging processes of ballpoint ink for the examination of
questioned documents, inaugural dissertation for the degree of
Doktor rer. nat. submitted to Justus-Liebig-University Giessen,
September 2005
2. Andrasko J., Ink Dating, personnal communication,
October 2003
3. Brunelle R. L., Crawford K. R., Advances in the Forensic
Analysis and Dating of Writing Ink, Charles C. Thomas
Publisher Ltd., Springfield, Illinois, 2003
4. Tratat Practic de Criminalistic, vol. III, Ministerul de
Interne, 1980

HOMICIDE BY DECAPITATION
FROM THE PERSPECTIVE OF FORENSIC
ENTOMOLOGY
OMUCIDEREA PRIN DECAPITARE
DIN PERSPECTIVA ENTOMOLOGIEI JUDICIARE
Drd. Biologist Lavinia PAUL
Member of North American Forensic Entomology Association
Drd. Biologist Ana-Maria KRAPAL
Biologist Ana-Maria PETRESCU
Abstract
In this experiment was constructed a hypothesis for a homicide decapitation; for this we
used three jackal heads (Canis aureus) exposed outdors. The research program lasted 21
days and was monitored daily, all parameters of interest being registered. We considered a
murder by decapitation to observe the presence of necrophagous insects and to establish
the efficiency of forensic entomology method for such a case.
I considered this hypothesis due to cases under the jurisdiction of police on dismembered
corpses.
Key words: homicide, forensic entomology method.

828

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Rezumat
n acest experiment am construit ipoteza unei omucideri prin decapitare; pentru aceasta
am folosit trei capete de acal (Canis aureus) expuse n aer liber. Programul de cercetare a
durat timp de 21 de zile i a fost monitorizat zilnic, toi parametrii de interes fiind nregistrai.
Am luat n considerare cadrul unui omor svrit prin decapitare pentru a observa prezena
insectelor necrofage i pentru a stabili eficiena metodei entomologiei judiciare ntr-un astfel
de caz.
Am considerat aceast ipotez datorit unor cazuri aflate sub jurisdicia poliiei, privind
cadavrele dezmembrate.
Cuvinte cheie: omucidere, metoda entomologiei judiciare.

The homicide by decapitation is part of the violent


deaths category, is a deliberate action (direct or
indirect).

day of the experiment. The muscle tissue from the skull


surface was rapidly consumed; many clusters of eggs were
present in the nasal openings (Photo 6-8).

In this research were used three jackal heads 2 and 1


(Canis aureus) kept in the freezer for a few days before
installing the experiment (Photo 1-3).
The experiment was conducted in urban area lat. 44
27 10N long. 26 05 04E, in the same perimeter that were
held the previous experiments.

Photo 1 Skull
specimen I

Photo 6 Colonizing wave of necrophagous insects


(Order Diptera)

Photo 7 Muscle
tissue from the skull
surface

Photo 2 Skull
specimen II

Photo 1 Skull
specimen III

The study lasted 21 days between 20/04/2011 and


05/10/2011, at temperatures between 8 C - 20 C and
humidity of 27% -96% (Figure 4).
Photo 8 Clusters of eggs in the nasal openings

Figure 4 Temperature and Relative Humidity

The three skulls were colonized by a large number of


necrophagous insects mainly files, starting with the second

After a period of seven days after the beginning of the


experiment the muscle tissue was fully consumed, many
larvae were present inside the skull (Photo 9).
After colonizing wave of flies, we identified beetles
species such as Creophilus maxilosus.
These beetles are found in spring and summer, they
can be observed in the early to advanced decomposition
stages of the bodies. I identified also Hister sp. followed by
Dermestes sp .(Foto 10 11).

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

829

Conclusions:

Photo 9 Mass of larvae


inside the skull

Photo 10 Larvae, stage


III of larval development

Photo 11 Lucilia sp.

In the last week of the experiment


species of Order Diptera were not
present, being identified a small
number of larvae belonging to the
Order Coleoptera; tissues of the skull
were fully consumed (Photo 12).

The forensic entomology method in such cases can


be applied in the early stages of body colonization by
necrophagous insect species due to lack of a substantial
muscle tissue and large masses of larvae. Eventually it can be
specify the area where the crime was committed (if the skull
was moved and separated from the body), by the presence
of necrophagous insect species that are not specific in that
area. It can also determine the relative post-mortem interval
by means of necrophagous insect community succession,
much safer than with larval stages (when the skull is found in
advanced stage of colonization, putrefaction). According to the
experiment on the skulls of jackal (Canis aureus) the muscle
tissue was consumed quickly, followed by insects colonization
inside the skull. In my opinion, in such a case the forensic
entomology expertise can find applicability in the first weeks of
death, taking into account the environmental factors.
In this research species of necrophagous insects
were identified, both flies and beetles until the third week
of the experiment. Development cycles of Lucilia sp. and
Calliphora sp. genuses were traced, and the succession
of necrophagous insects in colonizing the corpse was
observed. Given the season that the experiment ran - spring
- muscle and brain tissues were quickly consumed, and this
was favored by the presence of a large number of flies in the
first week of the experiment.
In conclusion the post-mortem interval can be determined
precisely in the first weeks of death.

Photo 12 - Jackal skull (Canis aureus) Third week of the experiment

References:
1. Iftenie Valetin: Interferena Medicin LegalCriminalistic, Editura Era, Bucureti 2006
2. Kashyap VK and Pillay VV. Efficacy of Entomological
Method in Estimation of Post Mortem Interval: A Comparative
Analysis. Forensic Science International, 1989
3. Leccese A. Insects as Forensic Indicators:
Medicolegal Aspects. Aggrawals Internet Journal of
Forensic Medicine and Toxicology, 2004
Morris B. Carcass Decomposition and Early Arthropod
Succession. Proceedings of the XVIII International
Congress of Entomology, Vancouver, Canada, 1988

SPECIAL EVENTS AND TERRORISM - HISTORICAL


REFERENCES (IV)
THERE`S NO IDEAL WORLD!
TERORISMUL I EVENIMENTE DEOSEBITE
- REPERE ISTORICE (IV)
O LUME IDEAL NU EXIST!
Col. (r.) Prof. Vasile LPDUI, Chief Editor
Abstract
The article is episode IV of the study on Terrorism and special events - historical
references. In this episode are presented some of the activities preceding the events
of December 89, with particular emphasis on the measures taken by the intelligence
services. Also, are shown some aspects of the work of the history teacher Ioan N. Ciolan,
Transilvania, ultima prigoan maghiar, Transylvania, Hungarian last persecution, and
some activities made by George Srs and Laszlo Tkes network, by CIA and K.G.B. An
important aspect refers to the agreements between Gorbachev and Bush in the summer
of 1989, in Malta.

830

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Key words: activities prior to the events of December 89, Transylvania - Hungarian last
persecution, CIA and KGB networks, Tkes and Srs activities, agreements between
Gorbachev and Bush in 1989.
Rezumat
Articolul reprezint episodul IV al studiului privind Terorismul i evenimente deosebite
repere istorice. n acest episod sunt prezentate cteva dintre activitile premergtoare
evenimentelor din decembrie 89, cu accent deosebit pe msurile ntreprinse de serviciile
de spionaj. Totodat, sunt prezentate cteva aspecte din lucrarea istoricului Ioan N.Ciolan,
Transilvania, ultima prigoan maghiar, precum i unele activiti realizate de reeaua
lui George Srs i Tkes Laszlo, de C.I.A. i K.G.B. Un aspect important se refer la
nelegerile dintre Gorbaciov i Bush din vara anului 1989, la Malta.
Cuvinte cheie: activiti premergtoare evenimentelor din decembrie 89; Transilvania
ultima prigoan maghiar; reelele C.I.A. i K.G.B.; activitile lui Srs i Tkes; nelegerile
dintre Gorbaciov i Bush din anul 1989.
In a series of works about the events preceding
December 89, the realities are grossly false, trying to
manipulate the reader. Some of these works belong
to the former traitor, General Ion Mihai Pacepa. So, for
example, in his book Kremlins Legacy (published
by Venus Publishing in 1993) shows that on the
night of 20/21 August 1968, when Czechoslovakia was
invaded by troops of the five Member States of the
Warsaw Treaty (USSR, Poland, East Germany, Bulgaria
and Hungary), Pacepa and his boss, Nicholas Doicaru,
went to Ceausescus home and informed him about the
event said, settling on this occasion, an action plan.
The reality was different. Ceausescu was informed
about what happened by telephone received from Ion
Stanescu, on the evening of 20th of August, at around
22.00, from his office at the Ministry of Interior, receiving
also the necessary orders in connection with measures
to be taken. I know the facts very well, at that time I was
the duty officer in the ministry. What Pacepa says in his
book is a lie, namely: Ceausescu ordered the troops
to deploy armored security around his residence and
build up an action plan to sneak him out of the country,
in case a Soviet invasion occurs and refuge in China Beijing.
Ceausescu ordered measures in connection with the
public manifestation that was about to take place on 21st
of August, 1968, not being concerned to flee the country,
in order to save his skin, instead taking a serious political
attitude regarding the violation of the principles on which the
relations between socialist countries relies on. The events
in Czechoslovakia set back the socialism with a few years
behind, the measures taken by Romania enjoyed a wide
appreciation, including in the USA, UK, France etc.
Following the events in Czechoslovakia, Nicolae
Ceausescu continued to make some mistakes regarding
The Lord from the east. Thus, after Brezhnevs death, the
question was who should be the successor of the Soviet
Union Communist Party. Among possible successors came
Antropov, who was head of the K.G.B. Nicolae Ceausescu
said his opinion on the Romanian national television, that
Antropov is not the best person to follow Brezhnev at the
party leadership. Ceausescus attitude was not overlooked
by Antropov, who later became president of the U.S., nor
by his godson Gorbachev, who himself later became in the
same position.
As shown in previous articles, the scenario based
on which the collapse of the communist regimes chain in
Europe occurred, including Romania, has been painstakingly
prepared for many years. It was not something spontaneous,
as some authors claim in the books produced after 89.
A final agreement was the one in Malta, where the most
powerful intelligence services (C.I.A. and K.G.B.) have
established a detailed calendar of events in order to change

the communist regimes. One of N. Ceausescus trusted


man was General Victor Stanculescu Athanasius, who
was attracted to collaborate with some foreign intelligence
services.
After Pacepas betraying, some intelligence services
(American, English and Hungarian) relied on the support of
the General Stanculescu. Being refined by the Romanian
intelligence service, General Stanculescu has proved to
be an intelligent man, shrewd and prudent in concealing
his relationship with his masters. At his meetings had
abroad with the intelligence services staff, he received
specific instructions about which activities to undertake, as
it happened in Hungary, at the Balaton. Although Nicolae
and Elena Ceausescu were informed about the General
Stanculescu work, they did not take into account that
information.
During 1987-1989, the Great Powers decided to isolate
Romania, and their motivation - which applied also in
Yugoslavia, Afghanistan and Iraq - was that our country has
not responded to the political change signal. Under this new
international and internationalist trend directive, who received
the name of globalization, the Hungarian revisionism and
the aggression against Romanian nationalism continued to
develop, gradually weakening the means of the nation and
states defense. To better understand some of the problems
of the Hungarian revisionism, we will highlight some aspects
presented mainly in academics and university works and in
some intelligence and counterintelligence body structures.
A work of great value, based on studies and research, is the
one of a Romanian historian Ioan N. Ciolan, Transylvania,
Hungarians last persecution, which saw the light of day
in 1981, in Italy, because the State Security Department
(Division I - internal intelligence) did not agreed to publish
it in Romania. After 1990, col. (ret.) George Banescu, who
worked at the Mures County Intelligence, knowing the
research of Prof. Ioan N. Ciolan, in 2008 takes the necessary
measures for the work to be printed in Romania as well. To
better understand some of the issues presented in his work
by this great Romanian historian, we will highlight some
ideas.
As known, the year 1918 led to the end of world
conflagration by defeating the Central Powers. The peace
treaty concluded in Paris between 1919-1920, separated
Austria from Hungary, each of them becoming a national
state and the nationalities conglomerate in both countries
broke through self-determination, joining to the countries
sisterhood of the same nation. While Austria resigned to its
fixated ethnic borders and turned into a republic, Hungary
remained a kingdom and immediately after the Peace Treaty
with Romania, at Trianon, began a vehement revisionist
campaign to cancel the Treaty through which Transylvania
became part of Romania by self-determination, on 1st of
December 1918.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

831

The year 1939 predicted the unleashed of the Second


World War. During this period, Hungary joined to the
German and Italian revisionism, in the hope of getting
support to reattach Transylvania to Hungary. In order to
give satisfaction and reward the Hungarian loyalty, the
two dictators (Hitler and Mussolini) on 30th of August
1940, unfairly impose, the Vienna Dictate, through which
the northern half of Transylvania was pulled by force and
given to Hungary. In relation with the implementation of this
Dictate, several plans have been made. The Hungarian
writer Csaba Dcs, in 1939, in his work entitled Nics
Kegyelem (No mercy) wrote: The Hungarian nation is
the greatest achievement of the Mongol dominant race, who
knows only victory. Attila, Arpad and Genghis Khans blood
boil within us. Also in this paper, Csaba Dcs shows that
the aim is the extermination of Romanians by all means: by
murder, by poison, by fire, etc..
A very serious crime was committed by the fascist-Horthy
government in Budapest, by introducing through clandestine
means, the revisionist literature and work of Csaba Dcs
in Transylvania, where they were organized in secret,
among the Hungarian and Szkely population, the so-called
national guard, which had to carry out, when appropriate,
orders given by the Hungarian Government and to maintain
order until the arrival of the Hungarian army.
After Vienna Dictates enforcement (1st of September
1940), Romania had to withdraw the army and the
administrative apparatus and to hand over to Hungary the
delimited territory by the signed Convention. Since the
assassination of the entire Romanian population was not
possible, the Hungarian government foreseen and applied
the expulsion method, deportation, terrorizing people, in
order to determine the population to flee en masse over
the demarcation line in the free Transylvania. Thus, in the
new enslaved Transylvania, the Romanians would have
remained as an insignificant minority. What Hungary did
not realized until 1918, -in order to dismantle the Romanian
nation in Transylvania, carried out trough known fusion
and nationalization means and methods, -should have
been realized immediately after Transylvania was about
to be reattached to Hungary, as the Hungarians hoped
and believed. The odious Vienna Dictate handed over to
Hungary a part of Transylvania, with the area of 42,000
square kilometers, on which lived 1,304,898 Romanians,
968,371 Hungarians and Szkely, 71,108 Germans, 28,098
Ruthenians, 148,371 Hebrew and 80,788 other nationalities.
The process was the emancipation of 968,371 Hungarians
and enslave 1,304,898 Romanians.
Note that for 22 years until 1st of September 1940,
Hungary has developed a formidable propaganda
around the world, to cancel the Trianon Treaty and to
return Transylvania to the Hungarian Kingdom. Horthys
government has not disarmed and searched a number of
ways to win Transylvania, reaching the direct support of
the two fascists: Hitler and Mussolini. The moment came
on 30th of August 1940, when Horthys government has put
the plan into effect, by the model of Nazi Germany. Since
1939, Hungary complied with directives issued by Hitler
to exterminate the Jews from Hungary, sending them to
Germany, into extermination camps. After the occupation of
northern Transylvania, Horthy and his government ordered
the arrest and the internment of Jews from Oradea, Bihor
County, into a ghetto held in that city, where more than
30,000 Hebrew lived in the most miserable conditions, later
being sent in Germany and exterminated in gas chamber
furnaces.
Horthy and his government have found a number of
ways to exterminate the Romanians in the occupied territory
of Northern Transylvania. Everything that happened in
Northern Transylvania with the Romanian population during
Horthys occupation, was the result of the extermination plan

832

executed by the same Horthy. He said: Daco-Romanians in


Transylvania will have to disappear, soon after its recovery.
The Horthys fascist domination between 1940-1944 had a
terrorist and bloody character, a large number of Romanians
being massacred. The archives show a series of documents
describing one part of the heinous crimes committed by
the Horthysts in northern Transylvania rural areas. Moisei
(Maramures), Lona village (near Cluj), Corneti (Trnava
Mica County), etc, are significant crimes for that matter.
In 1945, the regime of terror and oppression in Hungary
collapsed, the popular democracy regime was setting up to
be established. Unfortunately, traces of revenge-seeking
chauvinism did not disappeared from some Hungarians
mentality inside the country, and especially from those living
outside the Hungarian borders, which maintained and fueled
a pathological psychosis into the soul of the Hungarian
nation, by intensifying the chauvinism and revengeful feelings
that generated a hatred against Romania, continuously
presenting the idea of a Greater Hungary by introducing
Transylvania into Hungarys body.
After Transylvanias liberation, in the spring of 1945, by
the Romanian and Soviet armies, some of Hungarians and
Szeklers living in Romania, instead of acting as loyal citizens
of the Romanian state, continued to keep the old ideas, in
order to keep the territorial claims for Transylvania. After the
proclamation of the Romanian Peoples Republic, at 30th
of December 1947, the Romanian government provided
in its new Constitution, by Article 22, the right, that when
other nationalities populations exists of than the Romanian,
in public and administrative institutions, to employ the
language of that nationality.
Along the way, the existing political circumstances
have forced the Romanian government to create the socalled Hungarian Autonomous Mures regions. Hungarians
from everywhere began a very hard propaganda against
Romania, taking advantage of each opportunity that arose
internationally. An important and systematically contribution
to this propaganda was done by the Soros network. George
Soros, to its original name Schartz, was born in Budapest,
in a Hungarian Hebrew family. During the Second World
War, Soros, as a teenager participated in illegal currency
exchanges, proving early on a real talent and passion for
financial speculation. George Soross grandfather, during
the Nazis, held an official position in the Hungarian state,
dealing with Hebrew property confiscation. The young
George Soros was also anointed with a good position on
which he held until the Soviet occupation of Budapest, then
left for England. Shortly thereafter, he establishes in New
York, where he invents the formula anonymous funds,
arguing that these huge secret funds, taken off-shore, can
produce astronomical financial gains.
Through secret schemes which were hiding the real
investors behind Soros and financial speculation his
companies begin to control properties in Argentina, Brazil,
Mexico as well as Venezuela banks. Through its networks
and organizations, starting with 1965, Soros managed to
enter South Africa, Central and Eastern European countries
(communist states), the former USSR, as well as in some
countries in Africa, Asia and Latin America. George Soros
intensified his work on the Soviet Union during Gorbachev,
creating an entire Russian network of collaborators.
In Romania, Soros has been heavily involved in
Transylvania region, introducing a range of inciting
propaganda materials against the Romanian population, the
fight for the formation of the Greater Hungary by annexing
Transylvania. His activities have been documented by
the Romanian intelligence bodies immediately after the
earthquake of 1977, when the Soros group sent aid packages
containing propaganda documents of the set.
Currently, Soros is directly involved as a shareholder
Newmont Mining Corporation in the Rosia Montana

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

project, namely the project aiming to empty Romanias


gold reserves. As shown, in our previous publications, the
collapse of the communist regimes chain was prepared
painstakingly for several years, inside the main intelligence
laboratory services.
A series of activities related to the events occurred in
Romania have been prepared even on Hungary territory,
activities attended by Soros, Laszlo Tokes, General Victor
Stanculescu and important representatives of the CIA and
K.G.B. Note that Romanias 89 key moment was not
something spontaneous - as some politicians claim - but
it was prepared in time. Silviu Brucan was one of those
who knew very well the events schedule, being used both
by the American and Soviet intelligence services. So, for
example, it is well known that Brucan was taken from an
European country by a team of T Division of the K.G.B.
and led to Moscow, without the necessary visas, where he
met A. Iakovlev, Gorbachevs main assistant in the reform
project and then in the collapse of the communist system.
After this meeting, Brucan met secretly with M. Gorbachev,
where they talked about overthrowing the power of Nicolae
Ceausescu and appoint Iliescu in his place. These aspects
were published by Silviu Brucan in his book Wasted
generation. Another measure that was taken by the Western
intelligence services, was the attraction of emigration
against Ceausescus regime, many of them agreeing to take
action in organized activities. They contacted and mobilized
Romanian citizens in order to remove the communism.
From some data collected by the intelligence bodies,
it results that due to the tightening relations between the
Hungarian management and the regime in Bucharest,
since 1988, the Hungarian intelligence structures have
taken measures to regroup the Romanian stowaways in
refugee camps, their information exploitation, selection and
their specific training for missions in Romania. Undercover
agents were sent in Banat and Transylvania, and among
other tasks, their mission was to collect data destined to
support the conducted propaganda, especially through radio
station Kossuth and the Panorama show from Budapest
television network. Meanwhile, according to agreements
established with the K.G.B., the number of Soviet tourists
has increased substantially, some of them being in transit
to Yugoslavia, with private cars. In each car, 2-3 men
were located, aged between 25-40 years. Most often they
were moving in column. As resulted from the information
held by the Timis county intelligence bodies, an extensive
work was carried out also by the former Yugoslav General
Consul in Timisoara, Mirko Atanascovici, employee of the
Yugoslav intelligence service. He kept in touch with groups
of people coming from abroad, contributing to their training.
During the events he was frequently circulating between
Romania and Yugoslavia, crossing the border 2-3 times a
day. Subsequently, for his activities and contribution to the
success of the events in Timisoara, Romanias President
awarded him.
Undertaken activities by Laszlo Tokes and abroad bodies
and groups.
Since the beginning we must show that Laszlo Tokes
activities were not against Ceausescu, but against Romania.
His background was from a senior bishop family of the
Reformed church, being educated in an anti-Romanian
revisionist spirit. During his studies at the theology university
he was indoctrinating his colleagues in this revisionist
spirit. Also, he helped allot the magazine Ellenpontok
(Counterpoints), magazine financed by the Hungarian
intelligence service and some Hungarian immigrants from
Canada and the U.S. Between 88-89, when the focused
action of the western intelligence service against the
socialist camp was finalized, Laszlo Tokes who at that
time was a chaplain priest in Timisoara, was activated and
instigated to trigger so-called actions of open contesting.

On 20th of October 1988, during a routine border


control performed on two Debrecen reformed priests, it was
established that they came into the country particularly to
contact and encourage Laszlo Tokes. Several documents
hidden in the ceiling lights vehicle were found, including:
a list of questions addressed to Tokes Laszlo by the
Hungarian Democratic Front, about his situation and some
aspects of our Party and State policy, in order to use the
anti-Romanian propaganda material from outside;
texts of joint statements of the Reformed church
gatherings representatives beyond Tisa and Czechoslovakia,
which are financially supported by the Hungarians and by
some Western countries;
it was shown that Hungary was preparing a
comprehensive plan to initiate and provoke Hungarian
minorities demonstrations in our country, in some cities in
Transylvania and even in Bucharest;
in order to trigger these anti-socialist and anti-national
demonstrations in Romania, in order to destabilize the
internal political situation and to implement the Hungarian
demands, Hungary through propaganda and financially
support, carries out espionage actions with the help from
other countries;
Hungary hopes that to the above mentioned
demonstrations, other national minorities from our country
to be attracted, even Romanians.
Hungarian emigration from the West and the governmental
circles in Budapest refers with a strongly persistence,
making a wide popularity in the media, the revised idea in
the states upper bodies of Transylvania, aiming to train the
Hungarians ethnic from Romania, for actions to create an
independent or autonomous state. Different open actions
for the purpose of instigating to the actions mentioned,
are being carried out by several irredentist nationalist
organizations, especially the Hungarian Transylvanian
Union, founded in December 1988, at the initiative of some
neighboring intellectuals... In their press release published
in the newspaper Transylvanian Information, in June 1989,
by the above-named organization, it was openly announced
the necessity to found an independent Transylvania, neutral
and sovereign. The group is led by the parliament ..., having
as Vice Presidents Pomogats Bella-literary critic, Erno
Raffay-specialist in the history of Transylvania, Mathyas
Bajko-journalist and Janos Teleki-lawyer. Pali Peter
Domokos was elected as honorary president, Szeklers and
Csango folklore and ethnography specialist... Under the
influence of the nationalist-irredentist organizations such
as the Hungarian Human Rights Foundation based in New
York and the Hungarian Institute of Toronto University, in the
West and in Hungary actions are taking place in order to
create conditions for the proclamation of the independent
Transylvania. It is significant the fact that in the summer of
1989, in Hungary there was an understanding between the
Transylvanian World Union, its subsidiary from G.F.R. and
the Hungarian and Transylvanian Union in order to speed up
the autonomy proclamation of Transylvania and embedding
it into a so-called Swiss-type federation. On similar position
lies the World Alliance of Reformed Churches, the Reformed
and Roman Catholic church in Hungary ... Increasingly,
Romanian citizens of Hungarian nationality, especially
intellectuals, adhere to the idea of the independence of
Transylvania and hand over this territory to Hungary .
By maneuvering the group calling itself the Romania
Libera (Free Romania), it is considering organizing near
the R.S. Romania Embassy to Budapest, in the second half
of November 1989, two hostile events ... around the date
of 15.11.1989 and 20.11.1989 by the Democratic Liberal
Union, Hungarys Democratic Youth Federation, Hungarian
Democratic Forum of Debrecen organizations, through
which Laszlo Tokes is protected and hostile judgments are
made against the ecclesiastical and state authorities of the

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

833

Socialist Republic of Romania;


an original receipt (there is a photocopy in D.S.Ss file)
through which Laszlo Tokes confirms that he received the
amount of 20,000 lei, accompanied by an acknowledgement
made in religious terms. The document is proving that his
actions are subsidized from outside ... From the recent
data, resulted that Laszlo Tokes is supported and receives
guidance including from a retired lawyer Ujvari Francis from
Cluj- Napoca, known that he regularly visits the Hungarian
Embassy in Bucharest.
Security Officers from Cluj and Timis counties, acting
in cooperation, have decided that the French citizen Eggs
Michael, aged 37 years, came to our country as a tourist,
he is actually reactionary cult centers emissary from the
West, sent with information and incitement tasks. During his
residence in Socialist Republic of Romania, he contacted
two high elements belonging to the former Greek Catholic
church in Lugoj and Cluj-Napoca, trying to gather more
data regarding their position and attitude and of other public
servants of the social order and the state from our country,
relations with authorities, the Romanian socio-political
and economic situation, context in which he instigated to
anarchic-contesting actions aimed for the internal climate
destabilization. Arad county security service warned ... on
Carther Woren David, Sally-Jo Brown, U.S. citizens, frequent
visitors of the Socialist Republic of Romania and Denbory
Allison, a Canadian citizen, arrived in our country as tourists.
In fact they proved to be emissaries of some independent
religious organizations, concerned to carry out information
and incitement actions inside the neo-cults networks. Those
concerned, being under cover of giving some so-called
charitable aid, mostly composed of foodstuffs, cosmetics
and coffee, tried to encourage and support the moral work
of the anarchic-contesting elements from Arad, Brasov and
Targu Mures.
A special attention was given for the identification and
verification of foreigners, particularly those from Germany,
France, Spain and the U.S. who came to Romania under
various reasons, contacting the legionnaire elements,
sending guidelines and instructions from the legionnaire
groups ... Measures were taken in order to decipher the
purpose and meaning of the arrival in our country of such
a large number of Hungarian citizens, well above the
rates of earlier periods ... It was certainly established an
unprecedented increase in the number of events at the
border, both in terms of illegal exits and unlawful entries,
especially in Hungarys area. It was under surveillance ...
knowing the behavior and the concerns of the numerous
emissaries who come especially on the neo-cults and sects
line, while deciphering the nature of their links with the
inside people ... most cults and sects emissaries focusing
on certain areas and localities in Transylvania ...
Judged from the perspective of events that took place in
December 1989 in our country, we deemed necessary not
to be deprived of some significant situations reported at the
Romanian border, seized by the National Defense Ministry
(MApN) bodies, which seem to be framed within a certain
logical sequence of facts, prefigured by other information
categories.
In U.R.S.S., a series of notified applications are
mentioned, as well as some applications executed by the
great tactical units from the Chernivtsi (Cernui) region,
between 14-17.10.1989. However, it was also found an
increased practical activities carried out by some marine
and aviation units, especially in October, during which navy
and air shootings were executed. Between 18-22.12.1989,
in the Soviet Military Navy Special Unit, missile launches
were performed in a maritime district located west of Crimea
peninsula.
As a result from the synthesis information submitted,
based on the press documentation inside Braila garrison, it

834

was revealed that beside the unprecedented increase tourist


interest in this area, as of 18.12.1989 ... on the road ReniGiurgiulesti was reported a column with over 70 military
trucks.
In Hungary Peoples Republic ... the following keeps our
attention:
applications of the research-diversion battalions (of
the military organic bodies) who have performed specific
training carrying out war actions behind enemy troops. As
revealed from some data, results that such activity was
recently done by battalions 1 and 3 army corps (between
16-18 December) completed with the execution of a march
finalized in the districts located 15-20 km from the border
with R.S. Romania. The same units performed in MarchJune, by rotation, a special training at the instruction
training base in Rezis mountainous terrain (12 km north of
Keszthely), activity ended with the development of some
tactical exercises.
The Military Navy Force of R.P. Bulgaria executed on
20.12.1989 combat training activities in a district located
in the south-western Black Sea area. However, there
was a slight increase in naval exercises and applications
performed independently and in cooperation with the Soviet
Fleet from the Black Sea . Inside the Podvorievcka forest
(on U.S.S.R. territory), on the route to Radauti-Prut-Lipcani,
a parabolic antenna of a radar station was discovered, which
was operating without interruption since 11/19/1989 ...
On the right side of the Danube (in Bulgaria), on the
route to Bechet-Oreahovo, a radar station was mounted
likely to ensure the navigation on the Danube. It is possible
that this station to be used for other military purposes ...
In the Battalion district of Oradea (in Hungary),
reconnaissance activities were carried out by groups of
5-7 soldiers, led by superior officers. Mostly, new military
personnel was introduced in the security service, but the
hypothesis in which the border subunits strengthened
themselves with personnel, is not ruled out...
Frequently at the border (with Hungary), at various
points, especially during the Congress conduct, civilians and
military people observed our territory, in some cases even
breaching the R.S.R. territory. As a result of the information
activities carried out by the intelligence authorities, it was
revealed that every week, in Bucharest busses were coming
with tourists from the Soviet Union. Some of them were
accommodated in a hostel - hotel, located in the Aviators
Square. These tourists were carefully studying Bucharest,
Ceausescus route, some shops, public institutions and
they were seeking positions from which they can act with
firearms, especially higher buildings. Some of the tourists
met with various people who had links with U.S. Some of
these people were equipped with noise simulators that
could imitate the passage of a tank, a gunfire flurry, an
explosion. Other people were equipped with light effects
simulators, with tracer. In the summer of 89, according to
Maltas agreements between Gorbachev and Bush, from
the U.S., to the U.S. Embassy in Bucharest were coming by
air a series of packages, without knowing their contents by
those in force at the Otopeni Airport.
I will stop here with the data and information review
regarding the triggering events from December 89. In
the next issue I will present some aspects regarding the
triggering event itself.
Cited references:
1) Alex Mihai Stoenescu, 20 years after the Romanians
events from December 1989, Stained-Lights and Shadows
Magazine, Year I/No.1/Decembrie 2009, page 55, edited
by the Retired Military Association from the Romanian
Intelligence Service.
2) Ioan N. Ciolan, Transylvania, Hungarians last
persecution, Europe-Italy Edizioni, 1980.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

3) George Roncea, Soross contribution to the great


financial world chaos, the newspaper Current No. 148
(4798), Wednesday, 10th of August 2011.
4) Dr. hist. Alex Michael Stoienescu, The true ownership
of Silviu Brucan, Stained-lights and Shadows Magazine,
Year I/No. 2 /March 2010, page 87.
5) Team (Florea Gheorghe, Marin Lazar, Vasile Lpdui,
Ion Constantin, Vladimir Alexandrescu), Advocacy for
history - Six days that shook Romania, the Ministry Interior
in December 1989, S.C. Star SA, Bucharest, 1995 page
52.
6) Radu Tinu, About Laszlo Tokes Stained - Lights and
Shadows Magazine, Year II/No. 6 / March 2011, page 87.
7) Telegram no. D.10.015201 of the National Defense
Ministry from 29th of November 1989, at 14.30.
8) Note report of the U.M. 0610 (military unit) from DSS
(without number from November 1989).
9) Note report of the U.M. 0610 (military unit) from DSS
(without number from November 1989).

10) Note report of the DSS Directorate (without number


from November 1989).
11) Note report of the 3rd DSS Division (without number
from November 1989).
12) Note report no. 0386588, with the activities carried
out by the officers from U.M. 0610-DSS.
13) Informative Newsletter no. 4454/19 December 1989
of the Intelligence Directorate of the National Defense
Ministry.
14) Informing synthesis of the National Defense Ministry.
- M 590 from 10th of February 1992.
15) Informing synthesis of the General Staff no.
4362/1989 of the National Defense Ministry
16) Informative Newsletter no. 4362/1989 of the National
Defense Ministry.
17)
Note
of
the
Intelligence
Directorate
S/D.1/4288/14.12.1989 of the National Defense Ministry.

SOME REFLECTIONS ON THE LINK BETWEEN


CIVIL LAW AND FORENSIC SCIENCE REGARDING
TESTAMENT EXPERTISE
UNELE REFLECII ASUPRA LEGTURII DREPTULUI CIVIL
CU TIINA CRIMINALISTICII N MATERIA EXPERTIZEI
TESTAMENTULUI
Oana Florentina Ispas, PhD
Romanian-American University
Abstract
The Article approaches the issue of the link between Civil Law and Forensic Science
in regarding of the testament expertise. The author examines the expression forms of the
interaction between testamentary legacy and Forensic Science and also presents a series
of theoretical and practical appreciations concerning the testament forensic expertise.
Key words: Civil Law, legacy, testament, Forensic Science, expertise, interferences.
Rezumat
Articolul abordeaz problematica legturii dintre dreptul civil i tiina criminalisticii
cu referire la expertiza testamentului. Autoarea examineaz formele de manifestare a
interaciunii dintre dreptul civil succesoral i criminalistic, precum i o serie de aspecte
teoretice i practice privind aprecierea concluziilor unor expertize criminalistice ale
testamentului.
Cuvinte cheie: drept civil, motenire, testament, criminalistic, expertiz, interferene.

1. Preliminary
The will is considered to be the most used mean
to dispose by freedoms for the cause of death. In the
Romanian Civil Law system1 is regulated by the Romanian
Civil Code of 1864, in Book III, Title II, About donations
between living and about wills, art. 802 et seq., in the
new Civil Code 2, the will is governed by the provisions
of The fourth book: About inheritance and freedoms,
Chapter III, art. 1034 et seq. Regardless of the law that
governs it, the will always shows not only his voluntary
and unilateral nature, but also the revocable nature of

the legal operation 3. Furthermore, it represents the legal


disposal document with free title, unilateral and personal,
solemn and essentially revocable by which a person
called testator dispose, for the time he will not be alive, of
his property4, in whole or in part, in favor of a determined
person or determinable one, named legatees5.
The will may be presented in five ways: holographic,
made as an authentic document, made in a mystical form
(these are the normal forms of the will provided by art.
858 of the Romanian Civil Code), privileged will6 (art.
868-884 Civil Code) and International Testament 7 (1973
Washington Convention, not ratified by our country).

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

835

The advantages offered by a holographic testament


(not involving expenditure, being available to anyone
who knows how to write, you can write anywhere,
anytime, ensuring full confidentiality of the existence and
content can easily be revoked by voluntary destruction or
by writing another testament) explain the frequent use of
this form of will8. Meanwhile, the holographic testament
presents some drawbacks (can be easily lost, hidden
or destroyed by other people who have interest, can be
faked or disputed as false - in which case the beneficiary
of the will must prove the provenance from the cujus 9),
situations that require clarification, even by using the
support offered by forensic science in both a civil trial as
well as in a criminal one.
By the role played in finding the truth, on scientific
basis and through a variety of procedures, techniques
and methods, forensic science is inextricably linked to
legal sciences, without limiting connections to criminal
science, but expanding them to other branches of law.
An eloquent expression of the link between civil law and
forensic science is the matter of forensic expertise, which
is for both criminal and civil trial one of the fundamental
areas for establishing the truth 10. In-fact, experience
shows that there are situations or circumstances that
can be elucidated by means and methods specific to
forensics, such as determining the authenticity of a
holographic will11 or as checking the real testator of an
authentic testament.
2. Ways of manifestation of the interaction between
inheritance law and forensic science regarding
testament expertise
If in specialty literature the contribution of forensic
science in solving legal cases which belong to civil law
is accepted, shall be reflected in what measure civil law
show its usefulness in carrying out tasks assigned to
forensics.
Firstly, because forensic science doesnt have its
legal rules, it is required that, in carrying out the forensic
expertise of the testament, all forensic methods and
procedures to be used in compliance with civil law legal
norms that are specific the legal regime of will.
A second way the interaction manifests consists in
the need of knowing the rules on testament by judicial
bodies which dispose a forensic expertise thereof, in
order to carry out analysis on the need and usefulness
of its disposition.
To ensure scientific exploitation of traces and material
means of evidence by expertise, the prosecution must
know and analyze all the existing material in that case file
and only on this basis to decide on the need and utility
of use of experts. Testament expertise is not used in all
the cases investigated by judicial organs, but only when
they think it is necessary to obtain data designed to help
clarify the different circumstances of a crime, to discover
the truth. The opportunity of an expertise is related to
its disposition time, because both the delay and an early
disposition may have negative consequences. Experts
opinion will be asked for only if they can help clarify some
facts or state of affairs that are important for the cause,
because many problems can be clarified either by using
doctrinal and jurisprudential elements regarding the will,
or by using other forensic tactic activities12.
For example, judicial bodies must examine first

836

of all the contents of the document that needs to be


examined, because in the absence of provisions relating
to property inheritance, namely without the existence of
a bound, there is no question of a will and, consequently,
an expertise will appear as unnecessary because that
document cant be legally qualified as a will.
The testament must meet as a legal act, the main
tasks referred to in art. 948 Civil Code, relating to consent,
capacity, object and cause. Otherwise, the will is invalid
in legal terms and, consequently, appears the question
as whether a forged will is likely to be used, directly or by
custody, to produce legal consequences, as a prerequisite
for the existence of the objective side of the offence of
false in documents under private signature. The ability
of the document to produce legal consequences always
must be appreciated in fact, because even falsifying a
holograph testament can be an offence if taking into
consideration other circumstances its use is likely to give
rise to legal consequences13.
On the other hand, forgeries committed on informed
documents do not fall under criminal law14 and,
consequently, in such situations a forensic expertise
wont be required. The will is a solemn act that involves ad
validitatem the written form requirement, a verbal will or a
will registered on magnetic tape or by using audiovisual
means are invalid15.
For the same reasons, the connective testament is
prohibited, by it two or more persons set a testament
by the same act16 one for the other, or in favor of third
persons (Article 857 Civil Code)17.
Without form is considered to be the testament failing
to meet formal requirements, such as if the holographic
will was not signed by hand. Stamping or initialing will is
not valid, in the absence of manuscript signatures. An
unsigned testament is also without form as testators
hand signing (Article 859 Civil Code) can not be supplied
in any way, nor by extrinsic and intrinsic factors of the
testament18.
Also, failure to comply with the form conditions on
time is sanctioned with absolute nullity. However if the
holograph will is undated, unlike the lack of signature,
both legal practice and doctrine allow a reduction in the
strictness of the sanction of absolute nullity when it is
possible to reconstitute 19, completion or correction of data
or when it proves that the date is irrelevant, in relation
with the testators capacity to dispose by freedoms or in
the absence of another testament20.
Meanwhile, judicial authorities should bear in mind
that a will void for lack of the requested validity formalities
could be valid if it meets the conditions of validity of another
type of will, as in the case of a null mystic testament, but
which is written, dated and signed by the testator with his
hand is valid as holograph testament 21.
In case of loss or destruction of the will, the solution is
different as they occurred during the testators life, who
knowing about their occurrence means that he revoked
silently the testament, or after the death of the testator,
when evidence of the existence, validity and content
of his will, and the disappearance of the testament
independent of his will is recognized that the testators
will can be proved by any means, including witnesses
and assumptions 22.
On the other hand, in some cases on forgery of a
will, the problem of carrying out researches is out of
discussions, implicitly to dispose a forensic expertise

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

in order to establish the criminal responsibility for those


involved in the criminal activity since the date of the
offence of false documents (date recorded in the will) and
till referral to judicial authorities was fulfilled the limitation
period, which removes criminal liability23.
Thirdly, the judiciary should, as a preliminary activity
for the disposition process represented by forensic
expertise, prepare the materials that will be subject to
examinations24. Procurement of the materials that are
necessary for the expertise is done in according with
the nature of expertise that is requested. In this context,
for holograph wills - unlike sinalagmatic conventions,
for which must exist multiple copies and therefore can
be compared all the copies of the same document, or
even for authentic testament that, if necessary, may be
required from the notary office who handled a duplicate
of it - is necessary for the judicial body to proceed
purchasing comparison models representing testators
documents during his lifetime; comparison materials that
will be made available to experts, should, as those under
examination, be representative25 and enough26 from the
quantitatively and qualitatively 27 point of view, and also
to verify their authenticity and usefulness. For example,
in file no. 146/2005 of Carei Court, Satu Mare County,
called BA and DC have sued the defendants RA and RV
for the cancellation of the testament by which RC left
to RV, by way of inheritance, 2 hectares of arable land
outside C. city limits and 4700 square of arable land in
the city, and the share of the house located in C. city,
the applicant invoking, inter alia, that, in fact, his will was
not signed by RC. Regarding to the false signing of the
testament was performed a forensic graphic expertise
that could not determine if the signature was made by the
testator because of lack of documents with enough data
for comparison, in relation to this, was stated that - as
the will is the full enrollment until forgery is proved, and it
was not proved - we can say that the will was signed by
the testator29.
As a fourth form of expression of the relationship
between civil law and forensic science should be noted
that the elements that must be clarified in an expertise
differ in relation to the case. The questions that will be
put by the act of disposal should refer to the subject of
the expertise, have to be clear and precise to enable an
expert or specialist to understand the requirements, have
to be formulated so as to compel a certain response and
to have a logical connection between them30, require a
rigorous documentation of judicial bodies on the issue of
testamentary inheritance.
For example, if there is no data for showing compared
patterns of the alleged forger of the will, judicial authorities
are unable to identify the writer, will set an objective of
the expertise to determine the authenticity of a holograph
will, or if the writing belongs entirely to the testator, as
in civil, it doesnt matter who owns the script, but it is
important non- authenticity. Therefore, if it isnt possible to
prove the forgery of documents under private signature,
however can be given evidence to demonstrate the use
of false.
Fifth, civil law elements could reveal their support not
only for the judicial bodies that dispose the expertise,
but also for experts with the occasion of carrying out
the forensic expertise and with the formulation of
conclusions. Results of the forensic expertise of will embodied in the expertise report as evidence - are not

binding on the court, therefore, to convince the court of


justice of its claims, the expert, in addition to formulating
conclusions in a specific legal language, shall reach
appropriate conclusions regarding the domain of the will.
For example, the expert must bear in mind that additions,
corrections and erasures made by the testator in the will
before signing the will are presumed, not having to prove
that they are firmly attached to his will, without requiring
separate signing and dating. Interventions of a testator
made after signing a holograph testament, fact that must
always be proved, has different solutions depending on
the fund (they must be written, dated and signed by the
testator) or form (it should be written by the testator, but
not dated and signed) of the will31.
3. Theoretical and practical aspects regarding the
appreciation of forensic findings of wills
Several problems can occur in some cases both of civil
and criminal nature, in which the signing of the will by the
true owner of the mass succession is contested. Complex
analysis of such cases is particularly relevant when in
the same case are made more forensic expertises on the
same testament, resulting in contradictory conclusions,
which are supported in a lesser or greater amount by the
evidence administrated by judicial bodies.
For example, we present a case where the plaintiff CI
sued the defendant TGD, requesting that the Ramnicu
Valcea Court to establish by sentence the absolute
nullity of the will from 22 July 2003, certified by a public
notary P.E., because the testament was signed by
another person than the defunct BG. After the death of
the testator, occurred on 3 October 2003, all movable
and immovable property was given to TGD, who had no
degree of kinship with the deceased, but was established
as universal legatee in the contested will, removing C.I.
from the sequence and also four other people, collateral
heirs of the author, namely brother grandchildren.
The civil court under art. and art. 86 of the Civil
Procedure Code, during the trial, ordered a graphics
expert to determine whether the will had been signed by
BG; Bucharest Inter-County forensic laboratory drafted
the forensic report of 30 August 2005, which concluded
that the testament was not signed by BG. As a result of
this expertise, by civil sentence no. 5188 of 27 October
2005, issued by the Court in Ramnicu-Valcea, in file no.
12.256/Cv/2004 based on the administrated evidence,
the will in question was found invalid.
Against this decision, TGD, the beneficiary of the will,
made appeal, concern that made the object of file no.
29/Cv/2005 of the Court in Valcea, civil division, which
suspended the trial and submitted the original will,
defamed as false, to the Prosecutors Office next to the
Court in Ramnicu-Valcea, to carry out researches, on the
crime of forgery.
During investigations conducted by the Public
Prosecutor, whereas the statements of the victim revealed
that the alleged forger of the signature may be P.P., has
ordered a scientific and technical finding at CPI Vlcea
- Forensic Service that , by letter of 20 November 2006,
said that after examining the documents it was found that
comparisons cant be made to identify the author who
made the signature in issue, because the signature of
heading testatoarea(testor) consists of an unreadable
document with shaky tracks, angular features that do not

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

837

allow customization.
Ascertaining the existence of such contrary findings,
between the expertise made by Bucharest Inter-County
forensic laboratory and the one carried out by IPJ Valcea
- Forensic Service, the Public Prosecutor ordered a new
expertise by experts of Bucharest Inter-County forensic
lab, which, however, returned the materials submitted
for graphical expertise, as they had pronounced in the
expert report no. 283 of 30 August 2005.
As a result, the Public Prosecutor ordered a new
expertise by experts from the General Inspectorate of
Romanian Police - Forensic Institute, which concluded
that litigation signatures were not executed by the person
who signed the documents given and used as a model for
comparison, namely BG , stating also that we can not
decide whether the medical condition of which BG was
suffering could induce some changes in her signature.
Subsequently, the revised criminal procedure law, the
criminal case was sent to the Prosecutor of the Court of
Appeal Pitesti, which ordered a new graphic expertise at
the National Institute of Forensic Expertises that issued
the forensic report of March 7, 2008, which concludes
that the copies of the will of 22 July 2003, certified by
the public notary in Ramnicu Valcea P.P., two copies,
were not signed by the called BG, underlining that the
disputed signatures are a special model where execution
mode differs from BG signature and the highlighted
differences cant be attributed to the advanced age of the
holder, the way she is signing is a well established graphic
reflex, which was maintained over time, as it was found
including at signatures executed by her, after the date
of the act in question and been given the consistency
of the signature in time in the event of a dislocation,
the proprietor would not be deviated from her model, but
changes would be occurred only in the workmanship.
In this case researches were extended to TGD, IT
and PP, in order to establish the guilty persons who
contributed in one way or another, to the signing of the
will by another person who has not yet been identified.
Prosecutor argued, following multiple investigations that
this will was drafted and authenticated by the public
notary at his office, wasnt signed by BG, but by TI the
mother of the testament beneficiary TGD, her presence
in the office of the notary when signing the document,
lead the false representation of the notary that the true
testator BG is in front of him, thus confusing it with TI.
The Court of Appeal Pitesti considered, however, that
the first two surveys mentioned, namely, the expertise
from Bucharest Inter-County forensic laboratory and
expert opinion of IGPR - Forensic Institute can not
be conclusive, because the first was ordered by a civil
court, although it must be ordered by the court hearing
the criminal case, and the second was ordered to be
carried out at the Forensic Institute of GIRP, the victim CI
had been a cop, though, according to legal regulations
for carrying out surveys , authorized to conduct such
an expertise was N.I.F.E under the Ministry of Justice.
These surveys can not be a relevant evidence, the
more that legal proceedings were not complied with,
meaning that parties were not present, who may make
comments on the questions that the expert must answer,
and eventually recommend the appointment of an expert
for each of them to participate at the expertise as set
by the express provisions of Art. 118 and 120 Criminal
Procedure Code.

838

Therefore, the court analyzed out of the scientific


evidence disposed in this case, only the last mentioned
expertise ordered by law, namely the expertise from
N.I.F.E., which concluded in its report that the two copies
of the will in dispute were not signed by BG.
These allegations are disputed by the expert EG,
recommended by the parties, which made note of
objections, concludes that BG cant be excluded from
the execution of the signatures on both copies of the
wills in dispute, showing, by reference to literature that
Problems involved in writing examination of sick or
elderly, can lead to situations in which signatures are
significantly different, as aspect. Physical condition
deterioration and the decrease of coordination are factors
that cause some very poor quality signatures, from those
previously performed. Health decline as a result of illness
and old age affect the look of the signature and also the
writing skills. Irregular features, letters drawn unclear
(incorrectly), poor alignment and bad spacing of graphic
signs can be found for signatures affected by disease or
old age .
Also, the analyzed forensic expertise mentions that
in the hypothesis that these differences of the disputed
signatures on both copies of the wills in dispute, were
due to the wrist dislocation of the right hand, it is not
checked from a forensic point of view, because - given
the consistency of the holders signature over time even when a dislocation occurs, the proprietor would
not deviate from its model, but would have occurred only
changes in the workmanship.
But, even this support is removed by the specialist
able to pronounce in this regard, namely, the coroner that
clearly concludes in the address of 12 November 2007
Legal Medical Service Arges that traumatic luxation can
affect the functionality of the right hand in the execution
of joint movements for different activities, including the
ability to write in this condition during treatment.
Therefore, to those listed above, with reference to the
experts conclusions, the Court said that it is obvious that
the physical condition of the testator at the age of 84,
age at which she signed the will, was able to influence
her writing , her signature is different than comparison
signatures and also influenced by the dislocation of the
right hand as coroner concludes.
To these arguments can be added that although
this expertise established that testators signatures on
the will in dispute provide sufficient individual graphic
characteristics to identify the signer, though Vlcea
County Police Inspectorate - Forensic Service shows that
the disputed signature consists of a illegible writing, with
shaky tracks, angulated customization features which do
not have individual characteristics so that the author
of the signature cant be discovered through a graphic
comparisons.
As such, to those shown the court believes that the
conclusions drawn from the expertise report drafted by
N.I.F.E., on which Prosecutors have based the accusation
of forgery, conclusions challenged by other experts or
specialists, cant constitute by themselves sufficient and
thorough evidence for leading to the obvious conclusion
of guilt in this case. They could be considered such
evidence if they could have been corroborated, at least,
with other administrated evidence, no evidence, nor being
scientific can have a value set beforehand, as specifically
claimed by art . 63 Criminal Procedure Code.

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Or, conversely, beside the statement of the people


injured in this case, which naturally support their
allegation, there are many proofs showing abundantly
their innocence, namely:
VF witness statement - counselor at the notary
office with service obligation of giving legal explanations
to persons that come to the notary office, of verifying
documents needed to draft notary acts - confirms
testators presence, which she knew, as she came
before to the public notary PE, in connection with other
acts - on 22 July 2003 and the fact that she had her hand
bandaged and was moaning in pain, public notary PE
suggesting to go to the doctor to alleviate her pain, which
she did, signing the testament afterwards in the presence
of the public notary.
NPN witness statement, ex employer as a secretary at
the notary office, confirmed as eyewitness the testators
presence with bandaged hands and accusing pain, on 22
July 2003, when the authentic will was drafted.
At the file exist two medical certificates, a neurological
examination aimed at assessing the discernment of
persons aged 84 years and another medical examination
confirming the hand dislocation through which are
prescribed drugs whose release was exactly on July 22,
2003 when the will was drafted, which attests VF and
NPN witnesses and the public notary claims, that the
testator came with a dislocation of the hand in the period
when the will was drafted, this is not disputed not even
by the injured parties.
VF and NPN eyewitnesses statements, which confirm
the signing of the authentic will by the accused, together
with medical documents proving witnesses allegations,
are testimonial evidence and irrefutable documents,
which corroborated with the findings of forensic expert
EG and of Forensic Service C.P.I. Valcea, those of the
coroner, as presented above, remove the conclusions of
the forensic expertise, the only evidence on which the
prosecutor has built a weak accusation. However, such a
single evidence, be it a forensic expertise, uncorroborated
with any other evidence, moreover, refuted by the claims
of other experts or specialists, nor with other testimonial
evidence or documents, as they were analyzed, must be
removed.
At this, can be added the statements of the accused
in this case TI, TGD and PP mother - the alleged person
who might have been at the public notary and signed the
will instead of BG.
Note that, although it is claimed that the will was
signed by another person, though no one knows who
is this person, Prosecutors oscillating between TI and
PP, research in this regard is not complete yet, as noted
above, researches that can lead to any solution - including
that BG signed the will.
Moreover, given the statement, the accused PP, at
that time witness, says that at her home in 2004, came
three people namely CI, OG and a female person that
she did not know, who asked her if she signed a will
instead of BG, the witness told them that she didnt, after
that CI asked her to say that she signed that act, in return
for money.
That is, against all rules of evidence in this case, it
appears clear that BG and not another person, before
the public notary, on 22 July 2003, signed the will drawn
up by the notary, after it was read previously, agreeing to
authenticate it, testament that alienates the property that

will exist at the time of death for a universal legatee in the


person of TGD.
The Prosecutor of the Court of Appeal in Pitesti
criticized the decision of the first instance for illegality
and unfounded grounds, saying that through this were
minimized and eventually eliminated scientific evidence
taken in question, giving great efficiency to other means
of evidence, insufficient to establish the validity of an
authentic document.
Examining the legality and validity of the decision under
appeal, the High Court of Cassation and Justice finds that,
taking into account all these considerations, is legitimate
to remove the conclusions of the forensic expertise, this
cant be corroborated with other evidence32.
4. Conclusions
A good knowledge of the matter of testament heritage
is a significant prerequisite for the duties incumbent
upon the judicial authorities who dispose to be carried
out a forensic expertise and to the experts who actually
perform it.
1.
Due to the reform of the romanian law, civil law suffers
substantial modifications having a monist character instead of
a dualist character as the old code had. This new civil code
reunites civil, commerce, family and international private law.
2.
2 The new civil code was drafted by Law no. 287/2009
and published in the Romanian Official Gazette no. 511 of 24
July 2009 and will produce juridic effects as of 1 octomber
2011.
3.
3 Ulpian defines the testament as testamentum est
mentis nostrae justa contestation in id solemniter factum ut
post mortem nostrum valeat (Vl. Hanga, Drept privat roman,
Bucureti, 1978, p. 320).
4.
4 The will can contain other dispositions than those
with patrimonial character, which produces efects after the
testors death (art. 1035 of the New Civil Code).
5.
5 Gh. Botea, O. Ispas, Drept civil. Drept succesoral,
Publishing House Universitar, Bucureti, 2011, p. 92-93.
6.
6 For details, D. Chiric, Drept civil. Succesiuni i
testamente, Publishing House Rosetti, Bucureti, 2003, p. 207209.
7.
7 For details, M. Revillard, Une nouvelle forme de
testament: le testament international, Defrnois, 1995, p. 289
apud Anne-Marie Leroyer, Droit des successions, 2e dition,
Dalloz, Paris., 2011, p. 193.
8.
8 Gh. Botea, O. Ispas, op. cit., p. 106.
9.
9 D. Chiric, op. cit, p. 187.
10. 10 Also see, Lucian Ionescu, Expertiza criminalistic a
scrisului, Publishing House Junimea, Iai, 1973, p. 7.
11. 11 Em. Stancu, Tratat de criminalistic, Vth edition,
Publishing House Universul Juridic, Bucureti, 2010, p. 32.
12. 12 For example, witnesses and third parties hearings,
reconstructions, verifications and picking up of acts.
13.
3 V. Papadopol, Codul penal romn, comentat i
adnotat. Partea special, vol. II, by Teodor Vasiliu, Doru Pavel
and co., Publishing House tiinific i enciclopedic, Bucureti,
1977, p. 279.
14. 4 For details, C. Duvac, Drept penal. Partea special,
vol. II, C. H. Beck Publishing House, Bucureti, 2010, p. 8586.
15.
M. Nicod, Le formalisme des testaments, n Droit
patrimonial de la famille, p. 651 apud D. Chiric, op. cit., p.
181.
16. It is about coroboration, material and intelectual, of
two acts.
17. Though, taking into consideration the fact that this
prohibition is one regarding the form, a testament drafted in
a country which doesnt prohibit this fact (Germany, Norvey)

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

839

is available and produces effects in Romania, this due to the


principle locus regit actum, even when it is drafted between two
romanian citizens (M Revillard, Le droit patrimonial de la famille
dans les conventions de la Haye et le droit international priv,
Defrnois, 1992, nr. 68 apud D. Chiric, op. cit., p. 184).
18. D. Chiric, op. cit., p. 197.
19. Fr. Deak, Tratat de drept succesoral, Actami Publishing
House, Bucureti, 1999, p. 206-207.
20. For details see, D. Chiric, op. cit., p. 193-195.
21. M. Eliescu, Motenirea i devoluiunea ei n dreptul
RSR, Academiei Publishing House, Bucureti, 1966, p. 247.
22. C. Hamangiu, I. Rosetti-Blnescu, Al. Bicoianu,
Tratat de drept civil romn, vol. III, All Publishing House,
Bucureti, 1988, p. 511.
23. H.C.J., criminal court., dec. 1302/2008, text available
at www.scj.ro.
24. C. Aionioaie, C. Pletea, Constatarea tehnico-tiinific
i expertiza, in Tratat de tactic criminalistic by C. Aionioaie, I.

E. Sandu and co., Carpai Publishing House, Craiova, 1992, p.


240-241.
25. Documents have to be from the same period of time
when the will was drafted.
26. Experts conclusions are better fundamented if the
number of comparison samples is bigger.
27. A weak quality of the materials for the forensic
expertise can lead to wrong conclusions without value for the
case.
28. Also take into consideration that it is necessary to
know the origin of the examination materials.
29. H.C.J., criminal court, dec. 1134/2009, text available
at www.scj.ro.
30. C. Aionioaie, C. Pletea, op. cit., p. 244.
31. D. Chiric, op. cit., p. 190.
32. H.C.J., criminal court, dec. 1591/2010, text available
at www.scj.ro.

MAIN PROCEDURES, GUIDES,


PRACTICES DEVELOPED IN THE FIELD
OF CYBERCRIME OFFENSES
PRINCIPALELE PROCEDURI, GHIDURI, PRACTICI
DEZVOLTATE N DOMENIUL CERCETRII
INFRACIUNILOR DIN SFERA CRIMINALITII
INFORMATICE
Ioni Gheorghe-Iulian, PhD.
Lecturer - Romanian-American University
e-mail: ionita.gheorghe.iulian@profesor.rau.ro
Abstract
Across the world hundreds of procedures, guidelines, and practices in the field of
cybercrime offenses investigation are developed. Each organization, either an international,
regional or national organization or either a law enforcement authority or not, tends to
develop its own procedures, guidelines and practices. By presenting them, I hope that
they will be models for reviewing those who is used by law enforcement authorities in
Romania.
Key words: offenses, cybercrime, investigation, procedures, guidelines, practices, law
enforcement authority.
Rezumat
Peste tot n lume sunt dezvoltate sute de proceduri, ghiduri, practici n domeniul
investigrii infraciunilor din sfera criminalitii informatice. Fiecare organizaie, indiferent
c este vorba de o organizaie internaional, regional sau naional i indiferent dac
este sau nu o autoritate de aplicare a legii, tinde s-i dezvolte propriile proceduri, ghiduri,
practici. Prin prezentarea lor, sper c acestea vor constitui modele pentru revizuirea celor
folosite de autoritile de aplicare a legii n Romnia.
Cuvinte cheie: infraciuni, criminalitate informatic, investigare, ghiduri, proceduri,
practici, autoriti de aplicare a legii.

840

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Introduction
The large number of procedures, guidelines, practices,
developed in the field of cybercrime should not surprise
anyone, considering that, on the one hand, there are
many organizations (international, regional or national),
regardless of whether they are law enforcing authorities
involved in cybercrime prevention, and, on the other
hand, the methods to commit such crimes is improved
at a very rapid pace, which is a real challenge for those
who should prevent them.
A part of my doctoral thesis relies on the study of the
most significant and frequently quoted methods1.
1. International Criminal Police Organization
(INTERPOL),
Information
Technology
Crime
Investigation Manual2
The current Information Technology Crime Investigation
Manual is a compilation of the old Cybercrime Manual
written by the European Working Group for Information
Technology Crime3 .
The manual is described as a good practice guide
for an experienced investigator, which is updated on an
ongoing basis4 .
The content of the manual, converted into a file, is
available (in digital form) on the secured INTERPOL web
page, only for law enforcing authorities, under a username
and a password.
Among the updates of the old manual there are
some referring to electronic means of payment, public
communication networks, electronic trade the Internet,
wireless technologies, investigation tools and techniques,
the virtual world and games, the first-respondent officer
(the one who arrives first at the crime scene), new
malicious programs, counter-forensics etc.
2. European Network of Forensic Science Institutes
(ENFSI), Guidelines for Best Practice in the Forensic
Examination of Digital Technology 5
The guidelines drafted by the Cybercrime Working
Group within ENFSI rely on the Guidance on the Production
of Best Manuals within ENFSI 6 approved by the ENFSI
management in May 2002 (in general) and the Guidelines
for Best Practice in the Forensic Examination of Digital
Technology 7 drafted by the International Organization on
Computer Evidence (IOCE).
Although, with respect to the content, the two
guidelines (ENFSI and IOCE) approach the same issues
and have the same structure (as regards the standard ISO
17025) and although the IOCE orientations were drafted
before the ENFSI ones (which, in fact, take over some
of the explanations), the ENFSI orientations are better
formulated and grounded.
They set and maintain the standards of forensic
analyses carried out by European forensic laboratories,
providing a general framework so that they can use joint
methods and means in the forensic analysis rather than

reduce the complexity of comparing (at international


level) data and information on cybercrime, but they also
demonstrate the competence of these labs in terms
agreed at a global level.
The declared aims of these guidelines are 8 :
1.1 To provide a framework of standards, quality
principles and approaches for the detection, recovery,
examination and use of digital evidence for forensic
purposes in compliance with the requirements of ISO
17025, as interpreted for forensic science laboratories.
1.2 To provide a systematic approach for ENFSI
member laboratories and other Law Enforcement forensic
units to establish and maintain working practices in the
field of digital evidence that will deliver reliable results,
maximize the quality of information obtained and produce
robust evidence.
1.3 To encourage more consistent methodology and
hence the production of more comparable results, so as
to facilitate interchange of data between laboratories.
In order to ensure the adequate quality, the manual
defined the basic terms used, the qualifications, skills
and expertise of the unit members, as well as the
training, assessment, maintenance and testing of their
competence, the documentation of trials, equipments and
programs used, their validation and auditing.
The general principles applying to the process for the
recovery of digital evidence 9 (which were adopted as G8
Recommendations with respect to computer evidence)
and which should be followed by the forensic laboratories
as well are as follows:
A. The general rules of evidence should be applied to
all digital evidence
B. Upon seizing digital evidence, actions taken should
not change that evidence ...
C. When it is necessary for a person to access original
digital evidence that person should be suitably trained for
the purpose
D. All activity relating to the seizure, access, storage
or transfer of digital evidence must be fully documented,
preserved and available for review
E. An individual is responsible for all actions taken with
respect to digital evidence whilst the digital evidence is in
their possession .
Rules are established10 to locate and recover
computer evidence at the crime scene, if the presence
or assistance of the forensic specialist is necessary, rules
which envisage: avoiding contamination, searching the
crime scene, collecting evidence, packaging, labeling and
documenting, drawing the attention, however, on the need
to comply with the local procedures of the law enforcing
authorities.
3. National Institute of Justice (NIJ), Electronic
Crime Scene Investigation: A Guide for First
Responder 11
The first edition 12 of this guide was published in July
2001, after 3 years of endeavours that started in 1998 (in

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

841

May), when the National Institute of Justice (NIJ), the Office


for Law Enforcement Standard (OLES) 13 and the National
Cybercrime Training Partnership (NCTP) 14 collaborated
in order to identify resources to fight cybercrime. A
technical working group was set up to investigate the
electronic scene of the crime (TWGECSI) 15 in order
to analyze, define and set basic criteria to assist the law
enforcing agencies in the investigation and indictment of
such crimes.
The second edition 16 of the guide is a slightly improved
version, better said systematized, of the first edition.
However, certain issues were not addressed (mainly
referring to some crime categories) and appendices (B-F)
which contained the list with legal resources (B), the
list with technical resources (C), the list with resources
for professional training (D), the bibliography (E) and the
organization list (F) but which can be found (updated)
partly on the web page of the Cybercrime Initiative
Partnership.
The guide was developed to support law enforcing
authorities (both federal and local), but also other firstrespondents, for 17:
- Ensure that officer safety and safety of others
remains the highest priority.
- Recognize the investigative value of digital
evidence.
- Assess available resources.
- Identify the equipment and supplies that should be
taken to electronic crime scenes.
- Asses the crime scene and the digital evidence
present.
- Designate the assignments, roles, and responsibilities
of personnel involved in the investigation.
In handling computer evidence, the first respondent
should take the following steps 18:
- Recognize, identify, seize, and secure all digital
evidence at the scene.
- Document the entire scene and the specific location
of the evidence found.
- Collect, label, and preserve the digital evidence.
- Package and transport digital evidence in a secure
manner.
Before collecting the evidence on site, the first
respondent should make sure that 19:
- Legal authority exists to seize evidence.
- The scene has been secured and documented.
- Appropriate personal protective equipment is used.
With respect to its structure, the guide (both the first
former and the second version) is very logically and
concisely systematized:

Chapter 1 presents (both in writing and through


images) electronic devices: the type, description and
potential evidence they can provide; it is worth noticing
that the first guide edition provides more information
on the computer devices (even if they are not so well
systematized) than the second edition.

Chapter 2 presents the investigative tools and


equipments providing a list with technical resources
(appendix C of the first edition) available and updated by
the Electronic Crime Initiative Partnership (ECPI) 20.

842

Chapter 3 presents the procedure to secure


and evaluate the crime scene, insisting on the safety
of the officer and of the other participants, but also on
the collection of first hand information from witnesses,
suspects etc.

Chapter 4 provides recommendations for the


documenting and creating of a record of the electronic
crime scene.

Chapter 5 presents the procedure of evidence


collection insisting on the existence of a warrant for the
search and collection of computer evidence on the crime
scene; it is worth noticing the accuracy of advice and the
explanation of every situation that can appear at the crime
scene, but also the presentation under the form of a chart
(in the second edition of the guide) 21 of activities that
have to be performed at the crime scene.

Chapter 6 presents the procedure of packaging,


transporting and storing the evidence, drawing the
attention onto the fragility of electronic devices and the
evidence they contain and their sensitivity to various
factors (temperature, humidity, physical shocks, static
electricity, magnetic fields).

The last Chapter (Capitol 7) presents categories


of electronic crimes and potential digital evidence that
should be identified; as we have already mentioned,
categories of crimes and a table 22 with general ad specific
information on those categories of crimes, grouped into:
sexual crimes, crimes against persons and fraud/other
financial crimes.
4. United State Secret Service (US SS), Best
Practices for Seizing Electronic Evidence: A Pocket
Guide for First Responders 23
The initial version 24 (2001) of this guide of good
practices was developed as a project of the International
Association of Chiefs of Police (the Consulting Committee
for Operations of Police Investigation), the USA Secret
Service facilitating the organization of a working group
made of representatives of law enforcing authorities.
For the second edition 25 (2003) of the guide, IACP
and US SS were joined by the Technical Support Working
Group (TSWG) 26 within the Terrorism Technical Support
Office (CTTSO) and Pricewaterhouse Coopers.
The last edition (2006) was updated as a USS project
and approved by IACP.
Even if it is considered to be pocket size, the guide
is very well documented, concise and presents (both in
writing and through images) what the first respondent
should do in various situations.
As regards its structure, the guide is divided into several
sections: golden rules, evidence conservation, purpose,
the authority for evidence confiscation, elements of
personal network, cybercrime and evidence, investigation
questions, gallery, glossary.
I will not present all the sections, but I will insist on
those that I consider to b the most significant.
The purpose of the guide, as indicated by the
authors 27 , is to assist patrolling officers, detectives and
investigators, on the one hand, to identify the manner in
which computers and electronic devices can be used as
instruments of a crime or as a means to store evidence in

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

the case of other crimes and, on the other hand, to secure


the evidence appropriately and to transport it for further
analysis by a forensic specialist.
The Golden Rules are presented at the onset; they are
general principles that have to be observed at the scene
of crimes which may involve computers or electronic
technologies:
If you reasonable believe that the computer is involved
in the crime you are investigating, take immediate steps to
preserve the evidence.
Do you have a legal basis to seize this computer (plain
view, serch warrat, consent, etc.)?
Do not access any computer files, If the computer is
off, leave it off. If it is on, do not start searching through
the computer.
If the computer is on, go to the appropriate sections in
this guide on how to properly shut down the computer and
prepare it for transportation as evidence.
If reasonably believe that the computer is destroying
evidence, immediately shut down the computer by pulling
the power cord from back of the computer.
If a camera is available, and the computer is on, take
pictures of the computer screen, If the computer is off,
take pictures of the computer, the location of the computer
and any electronic media attached.
Do special considerations apply (doctor, attorney,
clergy, psychiatrist, news paper, publisher, etc)?
The section Evidence conservation presents 5
situations stand-alone personal computer, networked
home personal computer, network server/business
network, storage media, PDA, cell phone & digital camera
and the procedure that has to be followed for the
appropriate conservation and confiscation of evidence.
It is worth noticing, again, the clarity and accuracy of
steps and measures presented for each of the situations,
and which comply with the principles (golden rules)
presented at the beginning.
The section Cybercrime and computer evidence
presents certain crimes that involve the use of computers
or of other electronic media computer fraud, child abuse
and pornography, network intrusion, homicide, domestic
violence, financial fraud and counterfeiting, e-mail threats,
harassment and stalking, narcotics, software piracy,
telecommunication fraud, identity theft as well as
potential evidence that can be recovered in each case.
We should also mention the section Investigation
questions which presents the general questions that
have to be formulated during the initial stage of the
investigations, but also specific questions for particular
types of cybercrimes such as: identity theft /financial
crimes; crimes against copies committed online; network
intrusion; crimes which involve the use of electronic mail;
crimes that involve instant messaging etc.
5. Association of Chief Police Officers (ACPO) of
England, Wales and Nathern Ireland, Good Practice
Guide for Computer-Based Electronic Evidence 28
The last edition (the 4th) of this guide was published
in 2007, together with 7Safe 29 . As compared to the

previous versions (2003, 1999, 1997), this version,


although maintaining the structure of the previous ones,
improves the content and approaches new issues such
as: personal networks and wireless technologies, the
forensic investigation of volatile networks and data, the
recovery of video evidence in the case of CCTV.
The guide mainly addresses police officers and
investigators in the private field, but also other agencies
and legal entities involved in the investigation and
incrimination of incidents and crimes that need the
collection and analysis of computer evidence.
There are 4 principles 30 identified and explained that
should guide the activity of obtaining computer evidence,
namely:
1. No action taken by law enforcement agencies or
their agents should change data held on a computer
or storage media which may subsequently be relied
upon in court.
2. In circumstances where a person finds it
necessary to access original data held on a computer
or on storage media, that person must be competent
to do so and be able to give evidence explaining the
relevance and the implications of their actions.
3. An audit trail or other record of all processes
applied to computer-based electronic evidence
should be created and preserved. An independent
third party should be able to examine those processes
and achieve the same result.
4. The person in charge of the investigation (the
case officer) has overall responsibility for ensuring
that the law and these principles are adhered to.
The section dedicated to the crime scene presents
the types of storing devices personal (desktop and
laptop) computers, personal digital organisers, electronic
organisers and palmtop computers that should be
confiscated main unit, monitor, keyboard and mouse,
leads, power supply unit, hard disks, modems, routers,
digital cameras, floppy disks, CDs, DVDs, external drives,
etc. and the procedure of collecting, transporting and
storing them. It also mentions the specifics of the online
crime scene and the items that have to be carefully
considered e-mail/webmail/Internet Protocol Adress
account information, websites/forum postings/blogs, etc.
With respect to the investigating staff, there is advice
on how to prepare the search necessary equipment and
staff , the records that have to be kept the sketch of
the crime scene, the persons present at the crime scene,
the type, model and series of the computer, display and
peripherals, comments and information provided by the
user , measures taken with indication of the exact time,
interviews etc.
There is a separate section on the recovery of video
and CCTV evidence, which describes the procedure
to download the registered data and the necessary
equipment.
We should also mention that each step of the CCTV
analysis is described and explained 31.
Separately, there is a guide for the confiscation and
analysis of mobile phones, a guide in the real sense of the

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

843

word, even if it is a guide within a guide, which applies


the (above-mentioned) general principles of each stage
and emphasizes the importance of isolating the device
(phone) from the network both during its collection and
transport and during its examination.
It is worth specifying that the applying legislation is also
mentioned, as well as the units with attributes in case of
high tech crimes.
6. National Institute of Justice (NIJ), Forensic
Examination of Digital Evidence: A Guide for Law
Enforcement 32
This guide is the second one in the series dedicated
to computer evidence and the assistance of law enforcing
agencies, after the Guide for the first respondent in the
investigation of cybercrime scene (the 2001 edition).
The guide aims to be of use to officers who apply the
law and to other members of the law enforcing community
(authorities) who are in charge with the investigation of
computer evidence.
It is specified that the guide is not comprehensive, but it
analyzes common situations met during the investigation
of computer evidence. It is also mentioned that the guide is
not a proxy for the law enforcing community (authorities),
but a guide that agencies can use in order to develop their
own policies and procedures.
The guide is structured into 5 chapters - Policy and
Procedure Development, EvidenceAssessment, Evidence
Acquisition, Evidence Examination, Documenting and
Reporting and 8 appendices Case Examples, Glossary,
Sample Worksheets, Examples of Request for Service
Forms, Legal Resources List, Technical Resources List,
Training Resources List, List of Organizations .
This structure reflects, in fact, the basic stages in a
computer forensic investigation and suggests the order in
which it has to be carried out, with only one observation:
even if documentation is specified as the final stage
(together with reporting), we should understand that it is
done all along the entire process.
The content of appendices provides further information
and resources necessary to efficiently accomplish the
tasks.
Chapter 1, Development of policies and procedures,
suggests that each department has to set up its own
policies and procedures, in order to create and maintain
a forensic unit and there are several suggestions on how
to do so.
Chapter 2, Evidence assessment, presents the main
issues that have to be considered: the permit, details on
the case, the nature of equipments, potential evidence
and circumstances, suggesting the first respondent to
consult the guide.
Chapter 3, Evidence procurement, presents the
steps that have to be followed in order to obtain computer
evidence in such a way so as to protect and preserve it.

844

Chapter 4, Evidence analysis, draws the attention


onto the fact that the analysis must not be made on the
original evidence and indicates the steps to follow:
- preparation
- extraction
- analysis of extracted data
- conclusion.
The last chapter, Documentation and reporting,
indicates that the documentation has to be complete,
accurate and comprehensive, and gives suggestions
on the observations of the person carrying out the
investigation and the final report that has to be drafted.
Appendix A presents two well-documented and
explained case studies.
7. National Institute of Standard and Technology
(NIST), Computer Security Incident Handling Guide 33
This revised edition (2008) of the guide is a slightly
improved version of the initial one (2004) 34 .
Practically, the structure and content of the guide
remained the same, the only modifications refer to:
- the separation of elements of policy from elements of
procedure and the introduction of planning elements in
subsection 2.3;
- the introduction of new examples of incidents with
malicious programs (cookies, attack tools, other threats
than malicious software) in subsection 5.1;
- the transformation of appendix J in the Index into
categories of incidents that have to be reported by federal
agencies to US-CERT.
This guide was designed to be used by federal
agencies (but it can also be used by nongovernmental
organizations) and aims to provide practical orientations
that may assist in the efficient response to an incident.
Although the guide includes orientations to set up an
efficient incident response program, it also focuses on the
detection, analysis, establishment of priorities and incident
management.
As regards structure, the guide is divided into 8 sections
and 10 appendices.
Section 2, Organizing a Computer Security Incident
Response Capability, presents notions related to events
and incidents, the benefits of the existence of a capacity
of incident response, the policy, plan and procedure for
incident response, as well as the structure and services of
the incident response team.
We should also mention the key recommendations 35
for the organization of a capacity of incident response:
- establish a formal incident response capability;
- create an incident response policy;
- develop an incident response plan based on the
incident response policy;
- develop incident response procedures;
- establish policies and procedures regarding incidentrelated information sharing;
- provide pertinent information on incidents to the

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

appropriate incident reporting organization;


- consider the relevant factors when selecting an
incident response team model;
- select people with appropriate skills for the incident
response team;
- identify other groups within the organization that may
need to participate in incident handling;
- determine which services the team should offer.
Section 3, Handling an incident, presents the stages
of the incident response process and explains the main
activities. Thus, there are four stages (with specific
activities):
- preparation, which involves both the response
preparation and measures to prevent the incident;
- detection and analysis, which involve: setting the
categories of incidents, understanding signs specific to an
incident, analyzing, documenting and setting the priority
and notification of incidents;
- containment, eradication and recovery, which
involve: the selection of a strategy to terminate the
incident, obtaining and managing evidence (with forensic
nuances), identifying the attacker, eradicating the incident
and restoring the system;
- post-incident activities, which involve: meetings of the
learn and improve type, the use of data collected on the
incident, evidence retention.
We have to mention the key recommendations 36 for
incident management:
- acquire tools and resources that may be of value
during incident handling
- prevent incidents from occurring by ensuring that
networks, systems, and applications are sufficiently
secure
- identify precursors and indications through alerts
generated by several types of computer security
software
- establish mechanisms for outside parties to report
incidents
- require a baseline level of logging and auditing on
all systems, and a higher baseline level on all critical
systems
- profile networks and systems
- understand the normal behaviors of networks,
systems, and applications
- use centralized logging and create a log retention
policy
- perform event correlation
- keep all host clocks synchronized
- maintain and use a knowledge base of information
- create a diagnosis matrix for less experienced staff
- start recording all information as soon as the team
suspects that an incident has occurred
- safeguard incident data
- prioritize incidents by business impact, based on the
criticality of the affected resources and the technical effect
of the incident
- include provisions regarding incident reporting in the
organizations incident response policy
- establish strategies and procedures for containing
incidents

- follow established procedures for evidence gathering


and handling
- capture volatile data from systems as evidence
- obtain system snapshots through full forensic disk
images, not file system backups
- hold lessons learned meetings after major incidents
The next sections (4-8) present the main incidents
denial of service, malicious codes, unauthorized access,
inappropriate usage, incidents with multiple components
and define the incidents, present examples and specific
measures for their management.
The appendices specify: recommendations for incident
response (appendix A), scenarios of incident management
(appendix B), data on the incident that have to be collected
(appendix C), glossary and acronyms (appendices D and
E), printed resources (appendix F), tools and resources
available online (appendix G), frequently asked questions
(appendix H), steps to follow in crisis management
(appendix I) and categories of incidents that have to be
reported by federal agencies.
8. Computer Crime & Intelectual Property
Section (CC IPS), Searching and Seizing Computers
and Obtaining Electronic Evidence in Criminal
Investigations 37
The first edition (2001) of the search and confiscation
manual (shortened name) replaced the Federal rules for
the search and confiscation of computers of 1994 38 .
The second edition (2002), in force, is constantly
updated (version in htm format); a notable update was
made in 2006 (in December) of appendix F, Model of
expression for the search warrant and the accompanying
statement on the search and confiscation of computers.
The manual is structured according to the legal
regulations that govern the collection of computer evidence
in criminal investigations.
Thus, the first part (the first two chapters) presents the
impact of the fourth amendment of the USA Constitution
on the search and confiscation of computers with and
without a warrant.

the first situation (the lack of a warrant) presents:


how courts respect private life guaranteed by the fourth
amendment, exceptions from the need to have a warrant
and the problems raised by the lack of a warrant in case
of investigations made at the workplace;

the second situation (the existence of a warrant)


presents: the stages that the investigator has to follow
when he plans and executes the search, the proposal for
a warrant and incidental issues after the search.
The second part (the next two chapters) presents
regulations regarding private life, codified in art. 18
paragraphs 2510-2522, 2701-2712, 3121-3127 of the
Federal Penal Code:
- the Electronic communication privacy act (ECPA)
codified in art. 18 paragraphs 2701-2712 of the Federal
Penal Code, which regulates how investigators can
obtain records and the content of accounts stored by
the providers of network services, including providers of

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845

Internet services, fix or mobile phone services, satellite


services etc.
- the regulations applying to electronic surveillance, with
particular emphasis on how they apply to the surveillance
of communication networks the Pen-Trap Act codified
in art. 18 paragraphs 3121-27 of the Federal Penal Code
and the Wire-Tap Act codified in art. 18 paragraphs 25102522 of the Federal Penal Code.
The last part (chapter V) presents probation issues that
appear frequently in cases associated with computers.
Finally, there are 8 appendices which present various
models of procedural acts, expression methods etc.
9. Computer Crime & Intellectual Property Section
(CC IPS), Prosecuting Computer Crimes 39
Initially, the Manual for the indictment of cybercrime
drafted by the Department for Cybercrime and Intellectual
Property within the Penal Division of the USA Ministry
of Justice was designed to be used only by federal
prosecutors, for the preparation and enforcement of the
law, being confidential. Subsequently, like many other
manuals, guides, procedures etc., it was made public.
The manual in itself, as the authors specify 40 , is meant
to provide assistance, not authority, does not have the
effect of a regulation, does not grant rights or remedies
and does not have the power of a law or directive of US
DoJ.
The authors analyze the federal legislation with respect
to cybercrime, but do not cover each type of crime (such
as child pornography and pimping) or the legislation
specific to the states.
We have to underline the detailed analysis of some of
the main regulations on cybercrime fight applying in the
USA.
Thus, the authors present in detail:

the Computer fraud and abuse act (adopted by


the Congress in 1986, with the subsequent amendments),
which amended art. 18, paragraph 1030 of the Federal
Penal Code: illegal collection of information on national
security, compromising confidentiality, illegal intrusion
on computers belonging to the federal government,
accessing computers in order to cheat or obtain certain
assets, damaging computers or information, trafficking
passwords, threatening to damage computers.

the Call interception act (adopted by the Congress


in 1968 through the Electronic communication privacy act)
which amended art. 18 paragraph 2511 of the Federal
Penal Code, which incriminates: the illegal interception of
a communication, the disclosure of the illegally intercepted
communication and the use of the illegally intercepted
communication.
There are also other regulations on crimes committed
through/on computer networks such as:
- Illegal access to stored communications, incriminated
through art. 18 paragraph 2701 of the Federal Penal Code,
promulgated as part of the Law on stored communications
(adopted in 1986);

846

- Identity theft, incriminated through art. 18 paragraph


1028 of the Federal Penal Code, promulgated as part
of the Law on identity theft and attribution prevention
(adopted in 1998 and amended in 2004);
- Fraud through access devices, incriminated through
art. 18 paragraph 1029 of the Federal Penal Code;
- The law on the control of unrequested marketing
and pornography messages (adopted in 2003) which
amended art. 18 paragraph 1037 of the Federal Penal
Code.
In the same line, the manual presents certain
procedural issues raised by the jurisdiction, competence,
limitations, under aged persons, as well as problems
related to condemnation and applied punishments.
With respect to laboratory analysis, the established
rules envisage: avoiding contamination with various
substances, checking package integrity, maintaining a set
of accepted written procedures, analysis protocols and
case records.
There are also a number of rules regarding case
assessment and interpretation, report and revision etc.
10. United Nation Office at Vienna, United Nation
Manual on the prevention and control of computerrelated crime 41
This manual attempts to provide a general outlook of
cybercrime.
Considering the UN Resolution no. 45/121/14.12.1990,
whereby the General Assembly approved the
recommendations of the Eighth UN Congress on
Criminality Prevention and the Treatment of Criminals and
particularly the Resolution on cybercrime, the UN Manual
for the prevention and control of cybercrime was drafted.
The manual in itself is a synthesis of the international
situation (global, regional and local) with respect to the
evolution and complexity of this phenomenon and the
measures taken and proposed to prevent and control it.
I will not insist on presenting the observations regarding
penal law regulations which, on the one hand, envisaged
the analysis of how national systems protect those who
own or process data and information and the activities
taken globally and, on the other hand, the analysis of
the national and international measures taken to protect
private life, of procedural law, which considered practical
and legal issues both nationally and at the level of
international organizations related to the nature of criminal
prosecution bodies, personal data and the accessibility
of computer generated evidence, or those regarding
cybercrime prevention which targeted the analysis of
security measures, the qualification of law enforcing
authorities, the victims cooperation, the development of
an ethical code and the international security of computer
systems.
I believe that the conclusions drawn from this analysis
and the appropriate proposed solutions are far more
relevant 42 .

FORENSIC SCIENCE NO. 5 (77), OCTOBER 2011, VOL. XI

Note
1. Ioni Gheorghe-Iulian, Cybercrime, PhD thesis, Police
Academy Alexandru Ioan Cuza, Bucharest, (July) 2009.
2. INTERPOL, European Working Party on Information
Technology Crime, Information Technology Crime
Investigation Manual (ICTIM), (disponibil pentru autoritile
de aplicare a legii, membrii INTERPOL), la https://www.
interpol.com/Private/Techology Crime/Computer Manual/
Default.asp
3. European Working Partie on Information Technology
Crime,
http://www.interpol.int/Public/Technology/Crime/
WorkingParties/Default.asp#europa
4. INTERPOL, Realizrile Grupului de Lucru European
pentru Infraciunile privind Tehnologia Informaiei,
disponibil la http://www.interpol.int/Public/technologyCrime/
WorkingParties/Default.asp#Europa
5. ENFSI, Guidelines for Best Practice in the Forensic
Examination of Digital Technology, (version V), disponibil la
http://www.enfsi.eu/uploads/files/ENFSI_Forensic_IT_Best_
Practice_GUIDE_5[1].0.pdf.
6. European Network of Forensic Science Institutes
(ENFSI), Standing Committee for Quality and Competence
(QCC), Guidance on the Production of Best Manuals within
ENFSI, nr. 1, 2003, disponibil i la http://www.enfsi.eu/get_
doc.php?uid=72
7. International Organization on Computer Evidence
(IOCE), Guidelines for Best Practice in the Forensic
Examination of Digital Technology (version 1.0) (mai),
2002, disponibil i la http://www.ioce,org/fileadmin/
user_upload/2002/Guidelines%20Practices%20in%20
Examination%20of%20Digital%20Evid.pdf
8. ENFSI, Guidelines ..., op.cit., p. 4.
9. Ibidem, p. 16-17
10. Ibidem, p. 19-21
11. United States Department of Justice, National Institute
of Justice, Electronic Crime Scene Investigation: A Guide for
First Responders, second edition, (apr), 2008, disponibil i la
http://www.ncjrs.gov/pdffilles1/nij/219941.pdf
12. United States Department of Justice, National
Institute of Justice, Electronic Crime Scene Investigation:
A Guide for First Responders, (July), 2001, disponibil i la
http://www.ncjrs.gov/pdffilles1/nij/187736.pdf
13. Office for Law Enforcement Standard (OLES)
14. National Cybercrime Training Partnership (NCTP)
15. Technical Working Group for Electronic Crime Scene
Investigation (TWGECSI)
16. US DoJ, NIJ, Electronic, second edition, op. cit.
17. Ibidem, p. xi.
18. Ibidem, p. ix.
19. Ibidem, p. x.
20. Electronic Crime Partnership Initiative (ECPI). Lista
cu resurse tehnice este disponibil la http://www.ecpi-us.org/
Techresources.html
21. US DoJ, NIJ, Electronic, second edition, op. cit.,
p. 29
22. Ibidem, p. 42-44
23. United State Secret Service, Best Practices for
Seizing Electronic Evidence (v.3): A Pocket Guide for First
Responders, disponibil i la http://www.forwardedge2.usss.
gov/pdf/bestPractice.pdf
24. InternationalAssociation of Chief of Police (IACP), Best
Practices for Seizing Electronic Evidence, disponibil i la http://
www.theiacp.org/PublicationsGuides/ResearchCenter/
Publications/tabid/299/Default.aspx?id=84&v=1

25. Technical Support Working Group (TSWG), http://


www.tswg.gov
26. International Association of Chief of Police (IACP)
Best Practices for Seizing Electronic Evidence (version
2.0) disponibil i la http://www.fletc.gov/training/programs/
legal-division/downloads-articles-and-faq3/downloads/other/
bestpractices.pdf
27. US SS, Best Practices, ed. a 3-a, op. cit. p. 8
28. Association of Chief Police Officers (ACPO) of
England, Wales and Nathern Ireland, Good Practice Guide
for Computer-Based Electronic Evidence, versiune oficial,
v. 4.0, disponibil i la http://www.7safe.com/electronic_
evidence/ACPO_guidelines_computer_evidence.pdf
29. 7 Safe Information security Services, http://www.7safe.
com
30. ACPO, Good Practice, op. cit., p. 4.
31. ibidem, p. 41-44
32. United States Department of Justice, National
Institute of Justice, Forensic Examination of Digital Evidence:
A Guide for Law Enforcement, (2004), disponibil i la http://
www.ncjrs.gov/pdffiles1/nij/199408.pdf
33. United State Departament of Commerce, National
Institute of Standard and Technology, Computer Security
Incident Handling Guide, Recommendations of the National
Institute of Standard and Technology, NIST Special
Publication 800-61, rev. 1 (mar), 2008, disponibil i la http://
CSRC.nist.gov/publications/nistpubs/800-61-rev1/SP80061rev1.pdf
34. United State Department of Commerce, National
Institute of Standard and Technology, (NIST), Computer
Securyty Incident Handling Guide, Recommendations of
the National Institute of Standard and Technology, Special
Publication 800-61, (ian) 2004, disponibil la http://csrc.nist.
gov/publications/nistpubs/800-61/sp800-61.pdf
35. NIST, Computer Security, rev.1, op. cit. p. (2) 1617
36. ibidem, p. (3) 29-30
37. United State Department of Justice, Criminal Division,
Computer Crime & Intelectual Property Section, Searching
and Seizing Computers and Obtaining Electronic Evidence
in Criminal Investigations, disponibil (n format pdf) i la http://
www.usdoj.gov/criminal/cybercrime/s&smanual2002.pdf.
38. United States Department of Justice, Criminal
Division, Office for Professional Development and Training
Federal Rules for Serching and Seizing Computers, (iul)
1994, disponibil i la http://epic.org/security/computer_
guidelines.txt.
39. United States Department of Justice, Criminal
Division, Computer Crime & Intellectual Property Section,
Executive Office for United States Attorneys, Prosecuting
Computer Crimes, Office of Legal Education, Columbia, 2007,
disponibil i la http://www.usdoj.gov/criminal/cybercrime/
ccmanual/ccmanual.pdf.
40. ibidem, p. VI.
41. United Nation Office at Vienna. Centre for Social
Development and Humainitarian Affair, United Nation
Manual on the prevention and control of computer-related
crime, n International Review of Criminal Policy, nr. 43 i
44 (septembrie), 1994, disponibil i la http://www.uncjin.org/
Documents/EighthCongress.html.
42. ibidem, p. 59-60.