Documente Academic
Documente Profesional
Documente Cultură
Forum Criminalistic Nr. 2 / 2011
Forum Criminalistic Nr. 2 / 2011
FORUM CRIMINALISTIC
♦♦♦
FORENSIC SCIENCE FORUM
Nr. 2, Volumul IV
Iulie-Decembrie 2011
Issue 2, Volume IV
July-December 2011
Revista este indexată în baza de date internațională EBSCO, recunoscută prin Ordinul MECTS nr. 4691/2011
Editura EstFalia
București, 2011
1
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
WWW.CNCSIS.RO
Revista ”Forum Criminalistic” este realizată de colectivul Departamentului de Criminalistică din cadrul
Academiei de Poliție ”Alexandru Ioan Cuza” și apare semestrial (ianuarie/iunie – iulie/decembrie).
Colectivul redacțional și/sau editura nu își asumă răspunderea pentru conținutul articolelor – aceasta
aparține exclusiv autorilor. Redacția își rezervă dreptul de a refuza publicarea articolelor care nu
respectă condițiile de fond/formă.
2
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
COLEGIUL EDITORIAL
Director
Prof.univ.dr. George-Marius ȚICAL
Director-adjunct
Conf.univ.dr. Adrian IACOB
CONSILIUL ŞTIINŢIFIC
Redactor-şef:
Asist.univ.drd. Georgică PANFIL
Senior Editor:
Lect.univ.dr.Nicolae GROFU
Redactori:
Cms.șef TALPAU Florin
Cms.șef Sorin CĂRĂUȘU
asist.univ. Cezar CIOACĂ
Asist.univ.Cătălin TOADER
3
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
4
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
CUPRINS
6
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
TABLE OF CONTENTS
8
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
REFLECŢII PRIVIND UNELE INFRACŢIUNI CONTRA ÎNFĂPTUIRII JUSTIŢIEI ÎN NOUL COD PENAL (I)
Abstract
Author first presents some general observations with respect to offences against justice under Title IV of
the Special Part of the New Criminal Code of 2009.
Further, the author makes a comparative study of rules of indictments on the following offenses: not
denounce, failure notification, misleading judicial bodies, favoring the defendant, concealment, obstruction of
justice, influencing statements, perjury and judicial outrage, accompanied by information analysis critical and
some suggestions (proposals by law ferenda) to improve the texts examined.
Keywords: Criminal Code, criminal law, crime, punishment, justice
1Cercetător asociat – Institutul de Cercetări Juridice „Acad. Andrei Rădulescu” al Academiei Române, Conf. univ. – Facultatea de
Drept şi Ştiinţe Economice, Universitatea „Agora” din Oradea
9
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
dr.Adrian Iacob1
Aida-Ionela Gafița2
Abstract
The beginnings of forensics is strongly related with legal medicine. The necessity of solving some
problems of identification of the person, the body and the harmful object has later determined the creation of
some specific forensics methods. Judiciary genetics has an important role regarding the forensics
identification, offering results with a great potential. Because of its importance, DNA was also named genetic
mark. With the new discoveries in the domain of genetics, there are elaborated new ways of forensics
identification, such as mitochondrial DNA.
Keywords: genetic, genome, gene, cell, nucleus, mitochondria, chromosome, information, genetic
material, mutation, genotyping
dr.Țical George-Marius1
Abstract
The article presents the main issues linked to the concepts of crisis management, the approaches of
the involved organisms, elements of different types of conflicts, crisis stabilisation and the posible solutions for
crisis. The author also tackles with the main types of management in case of crisis involving the public order
and national security.
Keywords: crisis management, public order, national security, crisis stabilisation.
dr.Viorel Coroiu 1
dr.Florin Bobin 2
Abstract
Gunshot Residue is the residue that gets deposited on the hands of the shooter after the bullet has
been fired. It may or may not have some burnt, unburnt or semi-burnt particles and it can be very helpful in
connecting the firearm to the culprit, establishing the identity of the shooter and in some cases may help in
eliminating the probability when the number of suspect is more.
Keywords: gun, shooting, deposit, bullet, particle, hand, cartridge.
Abstract
According to administrative law, the “public order” sintagma has to be used for indicating a minimum of
essential conditions for a convenient social life,its content being strictly related to the social trust. Public order
can also point to public and private safety and social equilibrium.In order to have a state of public order, police
can take specific measures in accordance with the Constitution and other laws.
Keywords: public order, police, legal issues, administrative law.
13
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
Mugurel Dogaru1
Abstract
The international police cooperation is based on data an information exchange. The person and
criminal elements identification is essential in crime preventing. A new and efficient method of identification is
the DNA profile. The CODIS System is used for DNA identification and data exchange with the other
government agencies.
Key Words: CODIS, DNA, PRUM, data exchange.
Cezar Peţa1
Abstract
Any activity deployed within an organizational structure is exposed to risk. Risk is an ordinary and
habitual “partner” of any activity deployment and has direct impacts on the outcome of that particular activity.
Thus, any manager must assess the risks that might occur during activity deployment and take the necessary
precautions to mitigate or eliminate them. This activity is known as risk management. Risk management is a
planned and organized activity intertwined with and subordinated to the general management. It is based on
three distinct components integrated within its own system as well as the within the general management
system: operations management, management of essential activities, and logistics support. Each of these
components carries common functionalities as well as elements specific to risk management with
organizational responsibilities of control, supervision or intervention, in case of unwanted occurrences, in order
to alleviate the effects and consequences of their destructive factors.
Keyworks: risc, managementul riscului, gestionarea riscului
Panfil Georgică1
Abstract
The article presents few of the methods used in analysis of information security risks. Those methods
were created in order to help different organizations to improve their risk management at different levels of
information security. Plus, they are dedicated for the use in cyber-environments and basically were dedicated
for use at government`s institutions.
Keywords: risk management, information security, risk analysis, methods.
Octavian Ambrozie1
Abstract
Witness protection is protection of a threatened witness or any person involved in the justice system,
including defendants and other clients, before, during and after a trial, usually by police. While a witness may
only require protection until the conclusion of a trial, some witnesses are provided with a new identity and may
live out the rest of their lives under government protection.
Keywords: Witness, trial, defence, organized crime, trial, identity, protection, justice.
1 Avocat, Baroul București. Doctorand în cadrul Academiei de Poliție ”Alexandru Ioan Cuza”.
17
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
Abstract
This article presents some considerations on the procedural provisions of the basic rule of active
intervention of the penal judiciary authorities, as it is regulated in the Code of Criminal Procedure. The author
analyzes the provisions of the new Criminal Procedure Code, act that institutes the principle of formality, by
reference to the in force Criminal Procedure Code.
Keywords: criminal process, basic rule, principle of active intervention of the penal judiciary authorities,
new Criminal Procedure Code
1Lector univ. - Academia de Poliţie „Al. I. Cuza , Cercetător ştiinţific asociat - Institutul de Cercetări Juridice „Acad. Andrei
Rădulescu” al Academiei Române
18
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
Abstract
This article presents some considerations on the provisions relating to the activity of the cadastre and
land registry in Romania. The author analyzes, in a diachronic perspective, the provisions in the field and also
expresses reservations regarding the opportunity of Land Registration removal in the subordination of Ministry
of Justice and passing it under the authority, in order, of the Ministry of Interior and, at present, of the Ministry
of Regional Development and Tourism.
Keywords: cadastre, land registry, National Agency for Cadastre and Land Registration, organization
of the activity
Duţu Georgian1
Andreea Mălina2
Abstract
Criminal profiling has been described as a collection of leads, as an educated attempt to provide a
specific information about a certain type of suspect and as a biografical sketch of behavioral patterns, trends
and tendencies. Is the process of using crime scene evidence to make inferences about potential suspects,
including personality characteristics and psychopathology. Recently, this type of activity may be accepted as a
testimony in court and could become mandatory in all criminal investigations.
Keywords: criminal profiling, organized/disorganized murderer, profiler.
Nechita Dănuț1
Pop Alin2
Abstract:
Gunshot residue results from the discharge of a firearm. This includes primer, powder, and/or
projectile material and products of their combustion. The residue that can be deposited on the hands of a
shooter is usually the result of gases or particles escaping through openings in the weapon (such as the
cylinder area of a revolver) or leaving the end of a barrel. The actual amount of residue on the hands varies
with the type of weapon, ammunition, and conditions of discharge.The analysis of gunshot residue from the
hands of a shooter detects primarily trace amounts of primer residue.
Keywords Gunshot, gun, bullet, residue, cartidge.
Melicianu-Vicu Sorin
Melicianu Marius
Abstract
Understanding the thought patterns and motivations of people who commit violent crimes is a
somewhat controversial and unresolved issue.Criminal psychology attempts to understand the motives of all
unlawful activities. This can extend to something as simple as littering---but more interestingly, criminal
psychologists have attempted to understand and profile those personalities that are truly dangerous such as
serial killers and other violent criminal offenders.
Keywords: crime, violence, psychology, criminal behavior, profile, criminology, motivation, influence.
22
Forum Criminalistic ♦♦♦ Forensic Science Forum 2/2011
Cristian-Eduard Ştefan1
Cezar Cioacă2
Abstract
Investigationg of the missing child begin when the criminal police are notificated. A real and serios
investigation of a minor dissapearance can make the comunity trust to raise. The investigative works have to
find answers of the following isssues: how find a minor who has interested to hide after a voluntary
dissapearance?, or otherwise we can make another question and answer it : how can I find a minor after a
voluntary and allarming dissapearance?
Keywords: suspicious dissapearance, minor, investigation, autority in criminal prosecution,
investigator
Abstract
The vastness of public order and safety issue forced us to a certain boundary, to a conceptual
clarification regarding the public order, on one hand, and on the other hand – public safety, according to the
approach of the two processes, analysts in the field consider that they have to interfere, to determine a
concerned attitude of the public towards the requirements of law.
Keywords: siguranţă publică, ordine publică, stat de drept, securitate naţională, securitate internă,
securitate publică
Marin-Claudiu Ţupulan1
Abstract
Its geographical location and socio-economic situation of Romania have made our country an
important country of origin and transit for victims of human trafficking for sexual exploitation and forced labor,
including begging networks organized in the Balkan countries and European Union, particularly France, Spain
and Italy. Development of communications and global economic imbalances have internationalized human
trafficking, it developed throughout the world. When wishing to emigrate can not be legally satisfied, migrants
resort to intermediaries that proved to be part of organized crime network, being authorized to recruit people
for prostitution, begging, etc.
Keywords: human trafficking, sexual exploitation, means the evidence, the removal of organs, the
victim.
Abstract
This article represents an attempt to address the general characteristics of handwriting by the fact that
they are less noticeable to a layman. So counterfeiters fix their attention on building character leaving
unchanged the characteristics, leading to their subsequent identification.
Keywords: handwriting, documents, falsified, forensic specialist, signatures, letters, language.
Abstract
Pedophiles are adults who engage in sex with children and more often seeking various opportunities
to find children that to attract the "game" their erotic. It should be noted that pedophiles are generally males,
married, but marital and sexual difficulties.
Keywords: crime, sexual abuse, the abuser, child abuse, pedophilia, personality
Abstract
The activation and the development of the tasks, responsibilities and the authority increases the
manager’s role, as a person invested by the management contract with numerous and precise rights and
responsibilities, aimed to assure a good functioning of the relations within the institution in general, and the
personnel’s development in particular. In this respect, there must be identified the optimal relation which can
place the managers into a positive influence sphere of his subordinates’ careers.
Keywords: management, temperament, character, manager.
ÎMPIEDICAREA PRODUCERII REZULTATULUI ÎN VIZIUNEA LEGII NR. 286/ 2009 (NOUL COD PENAL)
Ţigănoaia Adrian-Cătălin1
Abstract: The article analyses the way the criminal law institution of preventing the crime result is
seen in Law no. 286/ 2009 (the new Criminal Code), because there are some differences as compared to the
regulation of the actual Criminal Code which are likely to born opposed opinions, both at a theoretical and
practical level that could affect the law enforcement process as a uniform activity. To avoid such different
interpretations, the author thinks that it is necessary to amend the legal provisions of the Law no. 286/ 2009
regarding the mentioned matter.
Keywords: crime, result, prevent, attempt.
Abstract:
The Internet is the world's largest collection of networks that reaches universities, government labs,
commercial enterprises, and military installations in many countries. Nowadays, along with the convenience
and easy access to information, come new risks. The number of the attacks and the frauds on the Internet is
increasing fast. Like in the case of the real fraud, the investigator must consider the potential risk of the
verifications such as: the alteration of the crime scene, the destruction of the important evidences or leaving
behind remains which could alert the criminal.
Keywords: Internet attacks, cyber-crime, on-line investigation