You are on page 1of 206

CRIMINALISTCS/CRIMINAL INVESTIGATION

IN EUROPE: STATE OF THE ART AND


CHALLENGES FOR THE FUTURE
CONFERENCE PROCEEDINGS
Ljubljana, September 22-23, 2011
University of Maribor
Faculty of Criminal Justice and Security
0 - kazalo.indd 1 8.9.2011 13:13:24
CIP - Kataloni zapis o publikaciji
Narodna in univerzitetna knjinica, Ljubljana
343.9(4)(082)
CRIMINALISTICS/CRIMINAL investigation in Europe: state of art
and challenges for the future : conference proceedings, Ljubljana,
September 22-23, 2011 / [editors Darko Maver, Bojan Dobovek,
Danijela Frange]. - Ljubljana : Faculty of Criminal Justice and
Security, 2011
ISBN 978-961-6821-12-4
1. Maver, Darko
257634304
Editors/chairs of the conference: Darko Maver (programme committee)
Bojan Dobovek (organising committee)
Danijela Frange (secretary general)
Printed by: Tipografija, d.o.o., Ljubljana
Threshold: Ministrstvo za notranje zadeve, Ljubljana
Cover page design: Ministrstvo za notranje zadeve, Ljubljana
Cover page photography: Ministrstvo za notranje zadeve, Ljubljana
Printed: 200 copies
The editors are grateful to the authors for their contributions and effort.
The conference is a part of an international conference on Policing in Central and Eastern Europe
which is organized in Ljubljana by the Faculty of Criminal Justice and Security, University of
Maribor.
This publication was published in September 2011 by the Faculty of Criminal Justice
and Security, University of Maribor, Kotnikova 8, 1000 Ljubljana, Slovenia.
To publikacijo je izdala Fakulteta za varnostne vede, Univerza v Mariboru, Kotnikova 8,
1000 Ljubljana, Slovenija.
0 - kazalo.indd 2 8.9.2011 15:05:00
3
PROGRAMMEE COMMITTEE
CHAIRMAN:
Darko Maver, University of Maribor, Slovenia
MEMBERS:
Rolf Ackermann, Deutschen Gesellschaft fr Kriminalistik, Germany
William Bloss, East Carolina University, USA
Robin Bryant, Canterbury Christ Church University, UK
Katja Drobni, National Forensic Laboratory, Slovenia
Bojan Dobovek, University of Maribor, Slovenia
Zvonimir Dujmovi, Police College, Croatia
Maximilian Edelbacher, Vienna, Austria
Janko Gorek, General Police Directorate, Ministry of the Interior, Slovenia
Robert Green, Police Standards Unit, UK
Pierre Margot, University of Laussanne, Switzerland
Gorazd Meko, University of Maribor, Slovenia
Borislav Petrovi, University of Sarajevo, B&H
Branislav Simonovi, University of Kragujevac, Serbia
Mirko Vrtanik, State Prosecutor General Office, Slovenia
Jzef Wjcikiewicz, Nicolaus Copernicus University, Poland
Stanislav Alimovich Yalyshev, Academy of Justice, Supreme Court of Russia, Russia
0 - kazalo.indd 3 8.9.2011 13:13:25
4
ORGANISING COMMITTEE
CHAIRMAN:
Bojan Dobovek, University of Maribor, Slovenia
SECRETARY GENERAL:
Danijela Frange, University of Maribor, Slovenia
MEMBERS:
Anton Dvorek, University of Maribor, Slovenia
Peter Umek, University of Maribor, Slovenia
Mira Britovek, University of Maribor, Slovenia
Benjamin Flander, University of Maribor, Slovenia
Ale Buar Ruman, University of Maribor, Slovenia
Aleksander Jevek, Criminal Police Directorate, Slovenia
Tinkara Pavi Mrevlje, University of Maribor, Slovenia
Aleksander Podlogar, University of Maribor, Slovenia
Jerneja ifrer, University of Maribor, Slovenia
Darja Stele, University of Maribor, Slovenia
0 - kazalo.indd 4 8.9.2011 13:13:25
5
TABLE OF CONTENTS
9 FOREWORD
13 PROGRAM
19 PLENARY SESSION 1
21 Darko Maver: Criminal Investigation/Criminalistics in Europe:
State of the Art and Look to the Future
24 Rolf Ackermann, Almuth Schtzel: Selected Problems of the
Development of Criminalistics in Germany
27 Gorazd Meko, Duko Modly: A Reflection on the Development of
Criminology and Criminalistics/Criminal Investigation
29 Stanislav Yalyshev: Problems and the Ways of Development of Modern
Russian Criminalistics
31 Robin Bryant: Forms of Reasoning in Criminal Investigation
33 PLENARY SESSION 2
35 Katja Drobni: Theoretical and Practical Pitfalls of Forensic Science
37 Jzef Wjcikiewicz: Careless Gatekeepers? Judges Attitude towards
Scientific Evidence
39 Bojan Dobovek, Matija Mastnak: Criminalistics for Journalistic
Investigations
41 Jan Widacki, Natalia Mirska: Diagnostic Validity of Behavioural and
Verbal Symptoms of Deception
43 Branislav Simonovi, Maximilian Edelbacher: Strategic Approach of
Criminal Investigation Police in Crime Combating (Comparative study of
Austria and Serbia)
47 PANEL 1: CRIMINAL INVESTIGATION
49 Mile ikman, Velibor Lali: Criminalistics/Criminal Investigation in
Theory and Practice Theoretical Concept and Practical Applicatibility
52 elimir Radmilovi, Kreimir Kamber: Legal and Factual Scopes
and Boundaries of the Crime Scene Investigation
55 Goran Bokovi, Saa Mijalkovi: Motor Vehicle Crime in Serbia:
Current Situation and Trends
57 Aleksander Jevek: Criminal Post-Mortem Diagnostics in the Context of
Investigation Mistakes
59 Danijela Frange, Anton Dvorek: Criminal Investigation Aspects of
Child Sexual Abuse Detection in Slovenia
61 Botjan Slak: Reality vs. Fiction: How Media Content can Affect
Criminal Investigation Preliminary Findings
0 - kazalo.indd 5 8.9.2011 13:13:25
6
63 PANEL 2: FORENSICS
65 iroslav Busarevi, Lazar Nei, Aleksandar Radomirovi, Duan
Keckarevi: Criminalistic Trasology Science about Traces
67 Berislav Pavii, Petar Vei, Tadija Bubalovi: Storage, Processing and
Preservation of Data Obtained by DNA Analyses in Criminal Databases
69 Frank D. Stolt: Modern Methods in Fire Investigation: Application of
Fire Models in the Field of Fire Investigation Use, Chances
and Problems
71 Vojkan Zori, Nataa Radosavljevi-Stevanovi, Jovan etraji, Igor
etraj i, Stevan Armakovi, Slobodan Gaduri: Application of
Theoretical Method in Forensics for More Probable Determination of an
Escaped Vehicle after Traffic Accident
74 Maciej Trzciski: Forensic Archaeology in Practice
77 ROUND TABLE:
Financial Crime: A Global Threat - Maximilian Edelbacher, Bojan
Dobovek, Peter C. Kratcoski, Arije Antinori, Matija Mastnak
83 PANEL 3: CRIMINAL INVESTIGATION
85 Igor Bernik, Gorazd Meko: Cybercrime: What are we afraid of?
87 Draen krti, Damir Kralj, Mirna vegar: Search and Seizure Data
in Cyber Space Mechanism to Preserve and Reproduce Data in Non-
Volatile Format
90 Darja Bernik, Bojan Tiar: The Role of Criminal Investigation in a Fight
Against Tax Frauds
92 Igor Lamberger, Bojan Dobovek, Botjan Slak: Criminal Investigation
of Credit Card Related Crimes
94 Ioan Liviu Tut: New Strategies in Smuggling Investigation
97 PANEL 4: FORENSICS
99 Sanja Podunavac-Kuzmanovi, Marija Petrin, Vojkan Zori, Slobodan
Gaduri: Forensic Profiling of Illicit Drug Using Chemometric
Techniques
101 Slobodan Oklevski: Utilization of the Characteristics of the Third Level in
the Process of Identifying Latent Prints with Particular Reference to the
Pores, Edge Features and Palmar Flexion Creases
103 elimir Radmilovi, Mario Mikuli, Tatjana Kolar-Gregori: The
Potential for the Use of Electrostatic Dust Print Lifter for Recovery of
Footwear Impressions at Crime Scenes + ROUND TABLE
105 PANEL 5: CRIMINAL INVESTIGATION
107 Almuth Schtzel: Elderly Crime Criminal Investigation Perspectives
of Crimes of the Elderly Patterns and Defending Strategies
0 - kazalo.indd 6 8.9.2011 13:13:25
7
110 Maj Fritz, Dragica Kotnik: Investigation of Criminal Offences Commited
by Members of the Slovenian Armed Forces (Saf) in Military Operations
Abroad
112 Katja Eman, Gorazd Meko: Criminal Investigation of Environmental
Crime in Slovenia with the Support of Crime Mapping
115 Botjan Slak, Bojan Dobovek, Renata Samardi: Criminal
Investigation of Art Crime in Slovenia
117 Noah Charney: Comparing Criminal Investigative Systems for Art Crime
Cases
119 PANEL 6: INVESTIGATIVE PSYCHOLOGY
121 Csaba Fenyvesi: Confrontation, as Special Interrogation Technique from
Criminalistic Aspect
123 Igor Areh: Differences among Females and Males in Personal Description
of Culprits
125 eljko Karas: Mistaken Eyewitness Identification in Lineup
127 Jasmina Krteni: Criminal and Psychological Aspects of Police
Interview and Interrogation Approaches
129 Gabriel Ion Olteanu, Emilian Dobrescu: About the Necessity to
Learn the Simulated Behaviour
131 Joanna Kabziska: Long Term Concequences of Providing Perpetrators
Description on Subsequent Lineup Performance
133 PANEL 7: CRIMINAL INVESTIGATION
135 Anton Dvorek, Danijela Frange: Criminal Investigation Between
Criminal Intelligence and Kriminalstrategie - Slovenian Case
137 Mojca Rep: Implementation of Criminal Intelligence in Slovenia Legal
Dilemmas and Possible Solutions
139 Damjan Potpari, Anton Dvorek: Developed Criminal Intelligence
Function as an Important Factor for Effective Crime Prevention and
Criminal Investigation
141 Borislav Petrovi, Eldan Mujanovi, Irma Deljki: Instruments of
International Police Cooperation in Criminal Investigation of Motor
Vehicle Thefts in Bosnia and Herzegovina
144 Miha epec: Criminal Investigation of Omission Offences
147 PANEL 8: ORGANIZED CRIME
149 Elena Topilskaya: Provocation and Enlisting as Investigating Methods in
Countering the Organized Crime
151 Muamer Nicevi, Dragan Manojlovi, Aleksandar R. Ivanovi:
Disclosing of Criminal Offences of Organized Crime Concerning the
Geographic Dispersion of the Organised Criminal Groups in Republic of
Serbia
0 - kazalo.indd 7 8.9.2011 13:13:25
8
154 Katja Eman, Gorazd Meko, Bojan Dobovek: Organized environmental
crime in Slovenia
157 Svetlana Nikoloska, Ivica Simonovski: International Cooperation
in Keeping Criminal and Financial Investigation of Organized Economic
and Financial Crime
161 PANEL 9: CRIMINAL INVESTIGATION
163 Nedad Korajli, Driton Muharremi: The Profile of the Criminalist
165 Vesna uni-Pavlovi, Dragan Milidragovi, Marina Kovaevi-
Lepojevi: The Role of the School Police Officer in the Prevention of
School Crime in Serbia
167 Slavia Vukovi: The Relation Between Investigative and Preventive
Criminalistics Police Activities
169 Dragan Tatomir, Bozidar Forca, Vojkan Zori: Application of
Mathematical Methods of Statistics in the Process of Determination
of More Probable Executor Suicidal Terrorism
171 Luca Giommoni, Matev Bren: On validity of Mafia Index: A Basic
Investigative Tool for Practitioners
173 PANEL 10: LEGAL ISSUES
175 Boban Simi, eljko Nika, Marija Blagojevi: Comparative Review of
Legal Status of Police in Criminal Proceedings
177 Mirela Gorunescu: Undercover Investigation in Romania - Legislative
Aspects
179 Arkadiusz Pikulik: Hearing of an Expert in Matters of Traffic Accident
Crime in Polish Criminal Proceedings
181 Tanel Jrvet: The Bases and Boundaries of Notification of Criminal
Intelligence Activities
184 Mile ikman, Mile Matijevi, Branislav Simonovi: The Significance of
Criminalistics in Prosecutorial Investigation Systems An Example of The
Republic of Srpska and B&H
187 Mojca Rep: Some changes in criminal investigation in the light of the
forthcoming Slovenian Criminal Procedure Act
189 ROUND TABLE:
The Future of Criminalistics/Criminal Investigation Darko Maver,
Bojan Dobovek, Katja Drobni and other participants, AND CLOSING
OF THE CONFERENCE
193 INDEX OF AUTHORS
0 - kazalo.indd 8 8.9.2011 13:13:25
9
FOREWORD
It is an honor and a pleasure to welcome you to the first international conference on
Criminalistics/Criminal Investigation in Europe: State of the Art and Challenges for
the Future. The Conference is a part of an international conference on Policing in
Central and Eastern Europe which is organized in Ljubljana by the Faculty of Crimi-
nal Justice and Security, at the University of Maribor.
On behalf of the organizing and program committee allow us to say a few words and
ask a few questions about the conference: Why are we organizing a special confer-
ence on criminalistics/criminal investigation? Why in Slovenia? What is the aim of
the conference?
It is fairly obvious that crime is increasing and changing, not only in Europe but also
in other parts of the world. New forms of organized crime and economic crime, cor-
ruption and terrorism, cyber crime and ecological crime have all (re)appeared. Illegal
migration, trafficking in human beings, drug offenses, sexual exploitation of children
and child pornography, have reached disturbing dimensions. Recent financial crises,
stagnation of national economies and increased social differences and social prob-
lems have also caused an increase in violence, property offenses and even terrorist
attacks (e.g. Norway). The future is not too optimistic in this regard as well.
On the other hand, it seems that the reaction of society to these new forms of crime
is, despite many political appeals, sometimes slow and not very effective. Legisla-
tion changes slowly, reorganization of police organizations is not always effective,
and there are financial problems and difficulties in international cooperation and
in exchange of information between different institutions. Criminals use new meth-
ods and modern technology, have vast financial resources and are usually one step
ahead of the police. So what can we do to improve the situation?
Numerous institutions within the European Union have devoted additional resources
to develop new strategies to fight crime (e.g., The Stockholm Programme) and there
are conferences and meetings within Europol, Interpol, CEPOL, ENFSI and other pro-
fessional police organizations that try to improve work in the field of criminal in-
vestigation, forensic science and investigative psychology (like ENFSI Research and
Development Strategy project). Last but not least, there are also various academic
conferences held throughout Europe on crime and criminal justice (Slovenia hosted
some of them: e.g. 9th Conference of European Society of Criminology in 2009 ,The
8th Biennial International Conference Policing in Central and Eastern Europe in 2010).
0 - kazalo.indd 9 8.9.2011 13:13:25
10
These conferences however, focus mostly on criminological and general criminal jus-
tice topics and only in small part on criminal investigation and criminalistics. There
are some rare conferences on criminalistics (e.g., The First and Second Conference
on New Trends in Criminal Investigation and Evidence in the Netherlands) but most
of the papers usually deal with general police and criminal justice problems.
There is a need for new methods and strategies of detection, investigation and pros-
ecution of old and new forms of crime. There is a need for innovation, research and
development in science and technology that could be used for more effective investi-
gation and prosecution. We should also research practical investigation and evidence
gathering to find mistakes and to find the ways for more effective and efficient work
of the police and prosecution. Efficiency can mean better clearance rates, more con-
victed offenders and fewer miscarriages of justice.

Hans Gross, an investigative judge from Austria, was among the first to notice the need
for more knowledge in this field. In 1893, he published his famous book Handbuch
fur untersuchungsrichter als system der kriminalistik, and since then, criminalistics
has become an important part of the science of criminal investigation for detectives
and investigators, as well as prosecutors and judges. The book has been translated
into many languages and had many editions. Hans Gross also influenced the devel-
opment of criminalistics in Slovenia. Prof. dr. Metod Dolenc, who met Gross during
his staying in Graz between 1904 and 1914, began the lectures on crimialistics in the
Faculty of Law at University of Ljubljana, and in 1921 founded the first Institute of
Criminalistics there.

The situation regarding criminalistics/criminal investigation in Europe varies greatly
While in some countries it is classified as a science, in others it is seen as sort of a
quasi-science, and yet in others a subdiscipline of police science or criminology.
Furthermore, the communication among academics is sometimes difficult because
of the language differences. There is perhaps too little cooperation between prac-
titioners and academics, empirical research in this field is difficult and there is not
enough research exchanged between the countries. The question that arises is what
can we do to be more successful in criminal investigation and prosecution and what
possible dangers can new technologies and scientific discoveries bring to individual
rights of citizens and to the society in general.
The goals of this conference are therefore:
to promote criminal investigation/criminalistics as a science and practical disci-
pline;
to get together academics and practitioners to share their knowledge and experi-
ences about criminal investigation and forensic sciences;
0 - kazalo.indd 10 8.9.2011 13:13:25
11
to exchange views, ideas, research results and best practices from different coun-
tries; and
to contribute to more efficient, effective and ethical criminal investigation and
criminal justice in general.
The large number of participants representing 13 countries in Europe gives hope that
these goals will be achieved. Academics from Austria, Bosnia and Herzegovina, Croa-
tia, Germany, Italy, Kosovo, Lithuania, FYR of Macedonia, Poland, Romania, Russia,
Slovenia and UK are represented. Presentations include interesting and timely papers
ranging from general criminalistics, its use for journalistic investigation, compari-
son between criminal investigation, criminology and forensic sciences, the role of
forensic science and problems around that, to specific questions of investigative psy-
chology, criminal intelligence, tactics of investigation and investigation of different
kinds of criminal offenses (organized crime, cyber-crime, elderly crime, financial and
economic crime, environmental offenses, sexual offenses against children, etc.) and
legal problems, among many others.
Our work begins with two plenary sessions covering basic themes of the conference
and then continues discussions in several smaller panels. The program outlines five
thematic panel groups: criminal investigation, forensic science, investigative psy-
chology, organized crime and legal issues. It was difficult to decide in which penal
session particular papers and authors should be placed. We tried to make plenary
sessions and panels internationally versatile, and three roundtable discussions are
included as well.
Since there are 63 presentations and our working time is limited to less than two full
days, the presentations are limited to 10 (panel) and 15 minutes (plenary). We kindly
ask all participants and chairs to stay within that limit with their presentation.
We wish you a successful conference with you leaving with many new ideas and
practices. We hope we will meet again at the conference in two years.
Many thanks to all participants and also to all members of the Program and Organiz-
ing Committee, and all others who helped us with organization of this conference.
Darko Maver
Bojan Dobovek
0 - kazalo.indd 11 8.9.2011 13:13:25
0 - kazalo.indd 12 8.9.2011 13:13:25
13
CONFERENCE PROGRAMME

PREREGISTRATION
Wednesday, September 21
17.00 to 19.00 Pre - registration at FCJS
DAY 1
Thursday, September 22
8.00 to 9.00 Registration at FCJS
9.00 to 9.30 Official opening
9.30 to 11.15 PLENARY SESSION 1
1. Darko Maver: Criminal Investigation/Criminalistics in Europe: State of the
Art and Look to the Future
2. Rolf Ackermann, Almuth Schtzel: Selected Problems of the Development
of Criminalistics in Germany
3. Gorazd Meko, Duko Modly: A Reflection on the Development of Criminol-
ogy and Criminalistics/Criminal Investigation
4. Stanislav Yalyshev: Problems and the Ways of Development of Modern Rus-
sian Criminalistics
5. Robin Bryant: Forms of Reasoning in Criminal Investigation

11.15 to 11.30 Break
11.30 to 13.15 PLENARY SESSION 2
1. Katja Drobni: Theoretical and Practical Pitfalls of Forensic Science
2. Jzef Wjcikiewicz: Careless Gatekeepers? Judges Attitude towards Scien-
tific Evidence
3. Bojan Dobovek, Matija Mastnak: Criminalistics for Journalistic Investiga-
tions
4. Jan Widacki, Natalia Mirska: Diagnostic Validity of Behavioural and Verbal
Symptoms of Deception
5. Branislav Simonovi, Maximilian Edelbacher: Strategic Approach of Crimi-
nal Investigation Police in Crime Combating (Comparative study of Austria
and Serbia)
0 - kazalo.indd 13 8.9.2011 13:13:25
14
13.15 to 13.30 Break
13.30 Departure to the City Hall and reception by the Mayor of Ljubljana
16.00 to 17.30 Panel sessions 1 and 2

PANEL 1: CRIMINAL INVESTIGATION
1. Mile ikman, Velibor Lali: Criminalistics/Criminal Investigation in Theory
and Practice Theoretical Concept and Practical Applicatibility
2. elimir Radmilovi, Kreimir Kamber: Legal and Factual Scopes and Bound-
aries of the Crime Scene Investigation
3. Goran Bokovi, Saa Mijalkovi: Motor Vehicle Crime in Serbia: Current
Situation and Trends
4. Aleksander Jevek: Criminal Post-Mortem Diagnostics in the Context of In-
vestigation Mistakes
5. Danijela Frange, Anton Dvorek: Criminal Investigation Aspects of Child
Sexual Abuse Detection in Slovenia
6. Botjan Slak: Reality vs. Fiction: How Media Content can Affect Criminal
Investigation Preliminary Findings
PANEL 2: FORENSICS
1. iroslav Busarevi, Lazar Nei, Aleksandar Radomirovi, Duan
Keckarevi: Criminalistic Trasology Science about Traces
2. Berislav Pavii, Petar Vei, Tadija Bubalovi: Storage, Processing and
Preservation of Data Obtained by DNA Analyses in Criminal Databases
3. Frank D. Stolt: Modern Methods in Fire Investigation: Application of Fire
Models in the Field of Fire Investigation Use, Chances and Problems
4. Vojkan Zori, Nataa Radosavljevi-Stevanovi, Jovan etraji, Igor
etraji, Stevan Armakovi, Slobodan Gaduri: Application of Theoreti-
cal Method in Forensics for More Probable Determination of an Escaped Ve-
hicle after Traffic Accident
5. Maciej Trzciski: Forensic Archaeology in Practice

16.00 to 17.30: ROUND TABLE: Financial Crime: A Global Threat - Maximilian
Edelbacher, Bojan Dobovek, Peter C. Kratcoski, Arije Antinori,
Matija Mastnak
17.30 to 17.45 Break
17.45 to 19.15 Panel sessions 3 and 4
0 - kazalo.indd 14 8.9.2011 13:13:26
15
PANEL 3: CRIMINAL INVESTIGATION
1. Igor Bernik, Gorazd Meko: Cybercrime: What are we afraid of?
2. Draen krti, Damir Kralj, Mirna vegar: Search and Seizure Data in Cy-
ber Space Mechanism to Preserve and Reproduce Data in Non-Volatile For-
mat
3. Darja Bernik, Bojan Tiar: The Role of Criminal Investigation in a Fight
Against Tax Frauds
4. Igor Lamberger, Bojan Dobovek, Botjan Slak: Criminal Investigation of
Credit Card Related Crimes
5. Ioan Liviu Tut: New Strategies in Smuggling Investigation
PANEL 4: FORENSICS
1. Sanja Podunavac-Kuzmanovi, Marija Petrin, Vojkan Zori, Slobodan
Gaduri: Forensic Profiling of Illicit Drug Using Chemometric Techniques
2. Slobodan Oklevski: Utilization of the Characteristics of the Third Level in
the Process of Identifying Latent Prints with Particular Reference to the Pores,
Edge Features and Palmar Flexion Creases
3. elimir Radmilovi, Mario Mikuli, Tatjana Kolar-Gregori: The Potential
for the Use of Electrostatic Dust Print Lifter for Recovery of Footwear Impres-
sions at Crime Scenes + ROUND TABLE
19.30 to 21.00 Reception hosted by the dean of FCJS, professor Gorazd Meko
DAY 2
Friday, September 23
9.00 to 10.30 Panel sessions 5 and 6
PANEL 5: CRIMINAL INVESTIGATION
1. Almuth Schtzel: Elderly Crime Criminal Investigation Perspectives of
Crimes of the Elderly Patterns and Defending Strategies
2. Maj Fritz, Dragica Kotnik: Investigation of Criminal Offences Commited by
Members of the Slovenian Armed Forces (Saf) in Military Operations Abroad
3. Katja Eman, Gorazd Meko: Criminal Investigation of Environmental Crime
in Slovenia with the Support of Crime Mapping
4. Botjan Slak, Bojan Dobovek, Renata Samardi: Criminal Investigation of
Art Crime in Slovenia
5. Noah Charney: Comparing Criminal Investigative Systems for Art Crime Cases
0 - kazalo.indd 15 8.9.2011 13:13:26
16
PANEL 6: INVESTIGATIVE PSYCHOLOGY
1. Csaba Fenyvesi: Confrontation, as Special Interrogation Technique from
Criminalistic Aspect
2. Igor Areh: Differences among Females and Males in Personal Description of
Culprits
3. eljko Karas: Mistaken Eyewitness Identification in Lineup
4. Jasmina Krteni: Criminal and Psychological Aspects of Police Interview
and Interrogation Approaches
5. Gabriel Ion Olteanu, Emilian Dobrescu: About the Necessity to Learn the
Simulated Behaviour
6. Joanna Kabziska: Long Term Concequences of Providing Perpetrators De-
scription on Subsequent Lineup Performance
10.30 to 10.45 Break
10.45 to 12.00 Panel sessions 7 and 8
PANEL 7: CRIMINAL INVESTIGATION
1. Anton Dvorek, Danijela Frange: Criminal Investigation Between Criminal
Intelligence and Kriminalstrategie - Slovenian Case
2. Mojca Rep: Implementation of Criminal Intelligence in Slovenia Legal Di-
lemmas and Possible Solutions
3. Damjan Potpari, Anton Dvorek: Developed Criminal Intelligence Func-
tion as an Important Factor for Effective Crime Prevention and Criminal In-
vestigation
4. Borislav Petrovi, Eldan Mujanovi, Irma Deljki: Instruments of Interna-
tional Police Cooperation in Criminal Investigation of Motor Vehicle Thefts in
Bosnia and Herzegovina
5. Miha epec: Criminal Investigation of Omission Offences
PANEL 8: ORGANIZED CRIME
1. Elena Topilskaya: Provocation and Enlisting as Investigating Methods in
Countering the Organized Crime
2. Muamer Nicevi, Dragan Manojlovi, Aleksandar R. Ivanovi: Disclosing
of Criminal Offences of Organized Crime Concerning the Geographic Disper-
sion of the Organised Criminal Groups in Republic of Serbia
3. Katja Eman, Gorazd Meko, Bojan Dobovek: Organized environmental
crime in Slovenia
4. Svetlana Nikoloska, Ivica Simonovski: International Cooperation in Keep-
ing Criminal and Financial Investigation of Organized Economic and Finan-
cial Crime
0 - kazalo.indd 16 8.9.2011 13:13:26
17
12.00 to 13.30 Panel sessions 9 and 10
PANEL 9: CRIMINAL INVESTIGATION
1. Nedad Korajli, Driton Muharremi: The Profile of the Criminalist
2. Vesna uni-Pavlovi, Dragan Milidragovi, Marina Kovaevi-Lepojevi:
The Role of the School Police Officer in the Prevention of School Crime in
Serbia
3. Slavia Vukovi: The Relation Between Investigative and Preventive Crimi-
nalistics Police Activities
4. Dragan Tatomir, Bozidar Forca, Vojkan Zori: Application of Mathemati-
cal Methods of Statistics in the Process of Determination of More Probable
Executor Suicidal Terrorism
5. Luca Giommoni, Matev Bren: On validity of Mafia Index: A Basic Investiga-
tive Tool for Practitioners
PANEL 10: LEGAL ISSUES
1. Boban Simi, eljko Nika, Marija Blagojevi: Comparative Review of Le-
gal Status of Police in Criminal Proceedings
2. Mirela Gorunescu: Undercover Investigation in Romania - Legislative As-
pects
3. Arkadiusz Pikulik: Hearing of an Expert in Matters of Traffic Accident Crime
in Polish Criminal Proceedings
4. Tanel Jrvet: The Bases and Boundaries of Notification of Criminal Intelli-
gence Activities
5. Mile ikman, Mile Matijevi, Branislav Simonovi: The Significance of
Criminalistics in Prosecutorial Investigation Systems An Example of The
Republic of Srpska and B&H
6. Mojca Rep: Some changes in criminal investigation in the light of the forth-
coming Slovenian Criminal Procedure Act
13.30 to 13.45 Break
13.45 ROUND TABLE: The Future of Criminalistics/Criminal
Investigation Darko Maver, Bojan Dobovek, Katja Drobni and
other participants, AND CLOSING OF THE CONFERENCE
0 - kazalo.indd 17 8.9.2011 13:13:26
0 - kazalo.indd 18 8.9.2011 13:13:26
PLENARY SESSION 1
0 - kazalo.indd 19 8.9.2011 13:13:26
0 - kazalo.indd 20 8.9.2011 13:13:26
21 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 1
CRIMINAL INVESTIGATION/CRIMINALISTICS IN EUROPE: STATE OF THE
ART AND LOOK TO THE FUTURE
AUTHOR:
Darko Maver
ABSTRACT
PURPOSE:
The purpose of this paper is (1) to highlight the importance of criminalistics
(both as a science and practical discipline) for successful, efficient and ethi-
cal detection and investigation of criminal offences; (2) to analyse its status
and state of the art in different countries in Europe and its relationship to
some other sciences; (3) to predict the future development and research in
the field of criminal investigation and possible problems around it.
DESIGN/METHODOLOGY/APPROACH:
The paper is based on a literature review on criminalistics in different Euro-
pean countries. A comparison of study courses at universities was used to
identify the situation and problems regarding its relationship to other sci-
ences. Development in the field of natural and social sciences as well as in-
formation technology was a basis for prediction of future development of
criminalistics.
FINDINGS:
Criminalistics/Criminal Investigation is treated differently in European coun-
tries. In some countries it has a status of an independent science, often con-
nected with law (Germany, Russia, Serbia, Bosnia and Herzegovina, Poland),
in others it is a half science usually incorporated formally to criminol-
ogy (Slovenia, Austria, Croatia) or a subdiscipline of police sciences and
criminology or recognized only as a forensic science (France, Italy, UK). The
terminology used is different, especially between English and non-English
speaking countries, and borders between criminalistics and other disciplines
like forensic science, police science, investigative psychology, and criminol-
ogy are not clear. Although there is a need for more and more specialized
1 - Darko Maver.indd 21 8.9.2011 13:13:52
22 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL INVESTIGATION/CRIMINALISTICS IN EUROPE: STATE OF THE ART ... Darko Maver
knowledge of criminal investigation and scientific evidence both for investi-
gators and prosecutors and judges, these topics are not covered enough by
research and scientific literature. It is important to develop criminalistics as
a practical discipline in police academies and police vocational schools, how-
ever there is also a need to study and research it at the university level. It is
important, however, that criminalistics obtains a status as an independent
science and not just be a part of criminology or police science. Possibilities to
get to a common ground between countries in Europe are not good because
of a traditional view to this science.
More research and exchange of results should be stimulated among Europe-
an countries. Language barriers make exchange of information and literature
difficult and the analyses of textbooks have shown that most authors use only
literature in their own language. The future of criminalistics/criminal inves-
tigation should be discussed and possible dangers to human rights predicted.
The use of brainfingerprinting, visual recognition technology, information
and communication technology, micro expressions, new psychological tech-
niques of interrogation and interview, criminal intelligence models and pro-
active investigation methods can attribute to more effective detection and
investigation of crime but can also pose threat to human rights.
PRACTICAL IMPLICATIONS:
The results can be used to more clearly define the status of criminalistics as
a science and to unify the terminology in this field, as well as to stimulate
research in criminalistics to investigate new forms of crime and to use new
methods of investigation.
ORIGINALITY/VALUE:
Not much empirical research or reflection has been done so far in Europe
regarding the status of criminalistics and criminal investigation in general
as well as about the new forms of criminal and deviant acts that are covered
by this science. The topic is covered partly for individual country, usually in
native language while there has been no general overview of the situation in
Europe and comparison among countries.
KEYWORDS:
criminalistics, criminal investigation, forensic sciences, investigative psy-
chology, crime science
1 - Darko Maver.indd 22 8.9.2011 13:13:52
CRIMINAL INVESTIGATION/CRIMINALISTICS IN EUROPE: STATE OF THE ART ...
23 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Darko Maver
ABOUT THE AUTHOR:
Darko Maver, LLM., Ph.D. is a Professor at the Faculty of Criminal Justice
and Security, University of Maribor, Slovenia. His research interest is focused
on criminal investigation. He conducted several research projects in this field
and published 3 books and over 200 articles on this topic. He is a former di-
rector of the Slovenian Criminal Police and former dean of College of Police
and Security Studies. E-mail: darko.maver@fvv.uni-mb.si.
1 - Darko Maver.indd 23 8.9.2011 13:13:52
24 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PLENARY SESSION 1
SELECTED PROBLEMS OF THE DEVELOPMENT OF CRIMINALISTICS IN
GERMANY
AUTHORS:
Rolf Ackermann and Almuth Schtzel
ABSTRACT
PURPOSE:
The main goal of this paper is to present the state of the art of criminalistics
and to highlight some challenges and problems regarding criminalistics in
Germany.
DESIGN/METHODOLOGY/APPROACH:
It is believed that criminalistics must be designed in a more future oriented
manner. It cannot persist as a science at the current level. Besides, further
developing theory and methodology of criminalistics, the technology driven
crimes conducted at present times need to be analyzed and novel investiga-
tion and intervention techniques acquired.
FINDINGS:
Recognizable trends are shown in the development of criminalistics as a sci-
ence, and helpful instructions are given for the criminal investigation. In gen-
eral, criminalistics intends to improve the tools and procedures available to
collect information and evidence as well as identifying criminals. The histori-
cal development of scientific criminalistics in Germany and the current sys-
tem is presented in the education of criminalistics. The department of crimi-
nal investigation celebrated its 200
th
year existence in Germany on 1 April,
2001. The development of criminalistics as a scientific discipline is closely
associated with it.
Criminalistics is recognized as a scientific discipline in Germany now. It rests
on the foundation of the teaching accounted by Hans Gross, Ludwig H. F.
Jagemann, Franz of Liszt, Hans Schneikert and others which was founded
in the 1920s. Criminalistics in Germany gets constantly enhanced through
2 - Rolf Ackermann.indd 24 8.9.2011 13:14:11
SELECTED PROBLEMS OF THE DEVELOPMENT OF CRIMINALISTICS IN GERMANY
25 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Rolf Ackermann, Almuth Schtzel
numerous publications, books and specific articles in scientific journals.
However, the theoretical and methodological foundations of criminalistics
are less pronounced. Reasons for that among others are, missing institutions
for criminalistics and besides a few lectures on Criminology For Jurists, the
absence of a university degree education for criminal investigation. Never-
theless, criminalistics has its own independent and respected place among
the forensic sciences. Criminal justice includes: Criminology, Criminal Law,
Legal Medicine and other forensic disciplines. In Germany police science is
slowly starting to establish itself. Although its subject is more comprehen-
sive, the knowledge and methodology of criminalistics are the corner stones
of police science. Yet, criminalistics stays an independent science used by
the police force.
It will be presented, that the object of criminalistics is determined by the
criminal investigation of the police. Criminalistics should not be understood
as a synonym for criminal investigation and it should not be limited to the
police work alone. The know-how of criminalistics is also applied outside
the police department. Forensic methods are used in particular by the pub-
lic prosecutors office, judges and other judicial institutions, during criminal
prosecution. Increasingly, criminalistic methods are exploited by non police
institutions including private investigation services, security companies and
private detectives. The safety and security management in those institutions
as well as the skills of their employees with respect to legal matters and crim-
inalistic methods are gaining more importance in the future. With that, a
structural change has taken place in the tasks of criminal investigators.
Criminalistics is currently undergoing a radical change caused by develop-
ments in the information society, especially due to the underlying scientific
and technical progress. The information and communication technology has
created great commotion. Although the traditional methods and procedures
are still valid they must be more aligned with the fight against the newly de-
veloped crime phenomena. These crimes require a profile change of criminal-
istics. New methods need to be introduced to uncover and examine interna-
tionally organized crimes, business delinquency, and cyber crimes including
development of IT forensics.
RESEARCH LIMITATIONS/IMPLICATIONS:
Here, considerations regarding the further development of criminalistics will
be discussed. The fundamental problems in this development should be ana-
lyzed by a research group at European level.
2 - Rolf Ackermann.indd 25 8.9.2011 13:14:11
26 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
SELECTED PROBLEMS OF THE DEVELOPMENT OF CRIMINALISTICS IN GERMANY Rolf Ackermann, Almuth Schtzel
ORIGINALITY/VALUE:
The value of this contribution lies in describing the current and future role
of criminalistics in the work of police and assisting institutions. Problems
and new requirements for investigatory methods due to the technological
advancements and accompanying new criminal practices will be discussed.
Options or a successful development of criminalistics towards an indepen-
dent science will be evaluated.
KEYWORDS:
objects of criminalistics, police science, non police use of criminalistics, new
crime phenomena, cyber crime, criminalistics research
ABOUT THE AUTHORS:
Rolf Ackermann, prof. dr. sc. jur., is criminologist, retired since 01.01.2000.
Before the retirement he was a head of the Department of criminal investi-
gation, scientific leader of criminal tactics research projects in the former
Criminal Institute of Germany, lecturer of criminalistics and criminology
and prorector of the College of Public Administration and Police of Branden-
burg, vice president of the College of the State Police of Brandenburg. He
is the author of numerous publications, criminalistic textbooks and scientific
articles. His recent publication: Ackermann.R, Clages, H, Roll, H. Handbook
of Criminalistics, 4
th
Edition, 2011, Richard Boorberg Verlaf Stuttgart, Ack-
ermann.R, Criminal Case Analysis, published by German police literature,
Hilden 2010. Contact information: r.ack.berlin@t-online.de.
Almuth Schtzel, Master of Criminology and Police Science, Detective su-
perintendent, Office of Criminal Investigation for the State of Brandenburg,
Federal Republic of Germany, Head of the Working Group International Rela-
tions of the German Association for Criminalistics. Contact details: email to:
almuth.schuetzel@gmx.net, dgfk_ib@kriminalistik.info, www.kriminalsitik.
info.
2 - Rolf Ackermann.indd 26 8.9.2011 13:14:11
27 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 1
A REFLECTION ON THE DEVELOPMENT OF CRIMINOLOGY AND
CRIMINALISTICS/CRIMINAL INVESTIGATION
AUTHOR:
Gorazd Meko and Duko Modly
ABSTRACT
PURPOSE:
The purpose of this paper is to highlight the importance of criminology as
well as criminal investigation/criminalistics. Criminology is already consid-
ered to be a scientific discipline, while unanswered questions about the status
of criminalistics/criminal investigation as a scientific discipline still remain.
Three perspectives will be presented (1) criminologists and their subject of
research and criminalists and (2) their field of research and study as well as
(3) development of both multi- and interdisciplinary disciplines with the em-
phasis on reflection of developmental stages of criminology, using analogy
for a possible development of criminalistics/criminal investigation.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a literature review related to the development of crimi-
nalistics and criminology from a perspective of scientific disciplines in Cen-
tral and Eastern Europe.
FINDINGS:
Criminology is a scientific discipline which deals with the making of laws,
breaking laws and social reaction on breaking laws. Criminalistics/criminal in-
vestigation is focused on means and methods of detection and investigation of
criminal offences. Criminological research is based on social scientific research
methods while criminalistics/criminal investigation is based on criminal law
and a mixture of social and natural sciences. A scientific part of criminalistics
in many ways resembles research methods of criminology. Therefore, frame-
works of criminological research and criminal investigation (research) have
a lot in common seeking for the truth from a variety of perspectives. Crimi-
nology overlaps with scientific research in the field of criminalistics/criminal
investigation, especially in a wide area of crime patterns and perpetrator classi-
3 - Gorazd Meko in Duko Modly.indd 27 8.9.2011 13:14:30
28
CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
A REFLECTION ON THE DEVELOPMENT OF CRIMINOLOGY AND CRIMINALISTICS/ ... Gorazd Meko, Duko Modly
fication as well as in the field of situational crime prevention (problem oriented
policing, hot spots, etc.). Hans Gross stated that a society needed a scientific
police which should rely on science in criminal investigation and later on in fair
trial. Criminology seeks for explanation of criminal behaviour, causes of crime
and reactions on crime. Mainstream criminology relies on detected and record-
ed crimes by the police. A wider perspective of criminology deals with crimes
which are not reported to or recorded by the police but cause more damage
that everyday crimes. Criminological studies on characteristics of criminals,
interactions and victims can be helpful for criminal investigation. Problems of
development of criminology as a science and criminalistics/criminal investiga-
tion will be presented in an analytical perspective.
PRACTICAL IMPLICATIONS:
The results imply that criminology and criminalistics have a lot in common
but still differ significantly in their goals. The paper is useful because crimi-
nology faced about the same developmental problems decades ago (in the
mid-1960) as criminalistics/criminal investigation is facing at present. Crimi-
nalistics/criminal investigation can use some of the developmental crimino-
logical experiences to facilitate research in the future to assure a substantial
body of knowledge in the field of criminalistics/criminal investigation and
gain a status of science on criminal investigation.
ORIGINALITY/VALUE:
This paper is a literature review on interconnectedness between criminalis-
tics and criminology from a perspective of investigative (research) methods
used in both discipline.
KEYWORDS:
criminalistics, criminal investigation, criminology, crime and deviance, sci-
ence
ABOUT THE AUTHORS:
Gorazd Meko, PhD, is Professor of Criminology and Dean of the Faculty
of Criminal Justice and Security, University of Maribor, Slovenia. His main
research interests are related to crime prevention, crime control policy, polic-
ing, and provision of safety/security.
Duko Modly, LLD, is retired Professor of Criminalistics/Criminal Investiga-
tion from Zagreb, Croatia. He is the author of numerous articles and mono-
graphs on criminal investigation. In his police and academic career he signifi-
cantly contributed to the development of criminalistics/criminal investiga-
tion in the republics of former Yugoslavia.
3 - Gorazd Meko in Duko Modly.indd 28 8.9.2011 13:14:30
29 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 1
PROBLEMS AND THE WAYS OF DEVELOPMENT OF MODERN RUSSIAN
CRIMINALISTICS
AUTHOR:
Stanislav Yalyshev
ABSTRACT
PURPOSE:
The purpose of this article is to identify and offer solutions to the main prob-
lems of the training of specialists in criminal investigations, such as detec-
tives-investigators and experts in crime scene inspection, as well as specialists
in forensic examinations. The necessity of reviewing the system and methods
of training is determined by the remaking of Russias legal and judicial sys-
tem due to the ratification of the European Convention of Human Rights.
DESIGN/METODOLOGY/APPROACH:
The article is based, at first, on the fundamental works of criminalistics and
forensic researchers and scientists in Russia since the middle of 20th century,
such as R. S. Belkin, A. Winberg, N. Yablokov, N. Selivanov etc., who estab-
lished a general theory of Russian criminalistics. This theory presented the
criminal investigation as a set of elements existing in cooperation and inter-
dependence. Some contemporary publications are analyzed too, including
several handbooks and practical courses prepared by the author in coopera-
tion with other academics.
FINDINGS:
Since the Criminal Procedure in Russia became controversial, a jury trial had
been brought up, and the guarantee of a fair trial had been proclaimed. This
had required new standards of criminal procedure , as well as of the system
of investigating methodology and forensic science. However, that aim had
not been achieved yet. Developed forensic theory combined with practical
methods had been successfully used in detectives training some time ago. In
Russia however, due to the recent joining to the Bologna educational system,
the theoretical part of training has been deleted from studying programs, and
4 - Stanislav Yalyshev.indd 29 8.9.2011 13:15:08
30 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PROBLEMS AND THE WAYS OF DEVELOPMENT OF MODERN RUSSIAN CRIMINALISTICS Stanislav Yalyshev
now the entire course of criminalistics has been reduced to practical exercis-
es, not only in the police academies but also in Law faculties of universities.
Bachelors graduated from Law faculties become good executors, but are not
able in generally to analyze the data and create the solution, and hesitate to
present the evidence to the court.
ORIGINALITY/VALUE
Summing the negative effects of thoughtless reduction of curriculum, the
author in this paper tries to find the ways to correct the system of training
specialists in criminal investigation.
KEYWORDS:
criminalistics, forensic researches, criminal investigation, system of training,
experts, presentation of the evidence, court
ABOUT THE AUTHOR:
Stanislav Alimovich Yalyshev, LL.D., Professor. Russian Academy of Jus-
tice, 197198 Russia, St. Petersburg, ul. Sezzhinskaya d.12, kv. 29. Tel. +7-
921-743-46-98 E-mail: yalishev@bk.ru, 1955yalishev@gmail.com.
4 - Stanislav Yalyshev.indd 30 8.9.2011 13:15:08
31 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 1
FORMS OF REASONING IN CRIMINAL INVESTIGATION
AUTHOR:
Robin Bryant
ABSTRACT
PURPOSE:
The main purpose is to discuss both extant forms of reasoning in criminal
investigation and how investigators might be trained to adopt more success-
ful methods.
DESIGN/METHODOLOGY/APPROACH:
The paper will be based on a literature review and the authors own work
(both published and through involvement in training) on forms of reasoning
used during criminal investigation.
FINDINGS:
The findings are that investigators tend to employ subtle forms of reason-
ing which are not often described and analysed in the literature. Similarly,
although investigators are able to recognise the main forms of logical error,
those that occur during actual criminal investigation are less easy to iden-
tify.
RESEARCH LIMITATIONS/IMPLICATIONS:
The literature review highlights a discordance between the popular and eas-
ily identify forms of reasoning and the identification of fallacy and the practi-
cal experience of criminal investigators. Future research could be directed at
how an increased professionalization of criminal investigation should lead to
more scientific and subtle forms of reasoning (and diagnostic decision-mak-
ing) being employed.
5 - Robin Bryant.indd 31 8.9.2011 13:12:50
32 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
FORMS OF REASONING IN CRIMINAL INVESTIGATION Robin Bryant
PRACTICAL IMPLICATIONS:
The practical implications are that training for criminal investigators in terms
of reasoning and hypothesis setting and testing should improve.
ORIGINALITY/VALUE:
What is new is the identification of less commonly recognised forms of rea-
soning employed in criminal investigation, including their theoretical origins
but also the practical implications.
KEYWORDS:
criminal investigation, subtle forms of reasoning in criminal investigation
ABOUT THE AUTHOR:
Robin Bryant, PhD, Director of Criminal Justice Practice, Canterbury Christ
Church University, Research into intelligence led policing, reasoning in in-
vestigation and cybercrime. Author of Blackstones Student Police Officer
Handbook (now in 6
th
edition), Investigating Digital Crime and contributor to
Understanding Criminal Investigation.
5 - Robin Bryant.indd 32 8.9.2011 13:12:51
PLENARY SESSION 2
1 - Katja Drobni.indd 33 8.9.2011 13:23:04
1 - Katja Drobni.indd 34 8.9.2011 13:23:04
35 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 2
THEORETICAL AND PRACTICAL PITFALLS OF FORENSIC SCIENCE
AUTHOR:
Katja Drobni
ABSTRACT
PURPOSE:
The purpose of the article is to highlight the underpinning logic of the theo-
retical paradigm of forensic science as well as its role and scope in judicial
system, as those aspects of forensic science are unjustifiably ignored and
misunderstood due to the great significance placed on forensic analytical
methods when solving a legal issue. The article is mainly aimed at forensic
scientists, forensic practitioners, crime scene investigators and criminal in-
vestigators.
DESIGN/METHODOLOGY/APPROACH:
Methods of description and comparison were used to explore the difference
in the perception and comprehension of forensic science, primarily by foren-
sic scientists, forensic practitioners, criminal investigators and crime scene
technicians, but also by jurists and the public. The scope of the article is to
review the terminology used in criminalistics, crime scene techniques and
forensic science as well as to enhance the understanding of the concepts of
forensic science, both in Slovenia and some parts of Europe and in the USA.

FINDINGS:
Despite significant developments in the technology used in forensic science
during the last twenty years, only a few studies have been focused on the cog-
nitive and logical basis of forensic science. The situation is the same if we take
a closer look at its role and scope. From various texts, a huge difference in
the meaning and understanding of forensic science, criminalistics and crime
scene techniques between forensic scientists in different countries as well as
between forensic scientists and practitioners has been observed. Moreover,
no consistent use of particular terms has been noticed. The most frequent
misunderstanding of concept identification and scope of forensic science is
presented. Problems related to the responsibility and role of different profes-
1 - Katja Drobni.indd 35 8.9.2011 13:23:04
36 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
THEORETICAL AND PRACTICAL PITFALLS OF FORENSIC SCIENCE Katja Drobni
sionals (criminal investigator, forensic scientist, forensic practitioner, crime
scene technician) in criminal cases are discussed. The following conclusions
have been drawn from the study: First, there are fundamental differences
in the understanding of the role and area of operation of forensic scientists
in different countries, which are derived from the past. Second, education
programmes in forensic science (techniques of crime scene investigation,
criminalistics) mainly focus on the improvement of knowledge about foren-
sic science laboratory techniques and methods, and only a few programmes
have also included the theoretical basis of forensic science. Third, there is a
lack of forensic science education programmes for forensic practitioners in
many countries and poor or no collaboration between forensic researchers
and practitioners. And, last but not least, there is an influence of popular
fiction on the perception of the role and scope of forensic science, not only
among the public, but also among professionals. The fundamental conclu-
sion of the study is that although unification of terms will not be possible, we
can achieve their recognition, thus enabling proper communication.
RESEARCH LIMITATIONS/IMPLICATIONS:
Research implication is that the knowledge of theoretical concepts of forensic
science as well as communication between different professionals both in
their own country and internationally will have to be improved.
ORIGINALITY/VALUE:
This is the first research on the perception of the paradigm and role of fo-
rensic science in Slovenia and comparison of linguistic differences between
different parts of Europe in the field of forensic science.
KEYWORDS:
forensic paradigm, linguistics, role and scope of forensic science, education,
forensic science, criminalistics, crime scene technique
ABOUT THE AUTHOR:
Katja Drobni, Professor of Forensic Science at the Faculty of Criminal Justice
and Security, University of Maribor, and Forensic Genetics, Biotechnical Faculty,
University of Ljubljana. She works at the National forensic laboratory, Police,
Ministry of the Interior, Slovenia, and on the Faculty of Criminal Justice and
Security, University of Maribor. Her research and teaching is focused on forensic
and population genetics, analysis of bloodstain patterns, identification of biolog-
ical stains and species. Her main achievements in the last 5-10 years are on the
forensic and population genetics field. Contact information: Vodovodna 95, 100
Ljubljana, Slovenia; Phone: +38614285426; E-mail: katja.drobnic@policija.si.
1 - Katja Drobni.indd 36 8.9.2011 13:23:04
37 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 2
CARELESS GATEKEEPERS? JUDGES ATTITUDE TOWARDS SCIENTIFIC
EVIDENCE
AUTHOR:
Jzef Wjcikiewicz
ABSTRACT
PURPOSE:
The purpose of the paper is to present a comparative analysis of judges per-
ception of various kinds of forensic expert witness opinions, and their self-as-
sessment of their competences in scientific evidence evaluation.
DESIGN/METHODOLOGY/APPROACH:
The paper is based on a review and analysis of surveys conducted in Poland
and abroad.
FINDINGS:
The majority of the surveyed respondents revealed that they were not suffi-
ciently prepared for the scientific evidence evaluation (Gatowski et al., 2001;
Kwiatkowska-Wjcikiewicz & Wjcikiewicz, 2009; Hrehorowicz, 2011). A
number of surveys of judges conducted recently showed that the respon-
dents knowledge also on eyewitness identification is rather limited (Wise &
Safer, 2004; 2010; Magnussen et al., 2008; 2010). Judges competences and
self-esteem appeared to be poor regardless the criminal justice system. Fo-
rensic science education of law students, apprentices and judges as well as
metaopinions are the obvious remedies for the incompetence of the gate-
keepers.
ORIGINALITY/VALUE:
The paper deals with a forensic knowledge comparison of the respondents
from various countries, representing different legal systems.
2 - Jozef Wojcikiewicz.indd 37 8.9.2011 13:23:42
38 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CARELESS GATEKEEPERS? JUDGES ATTITUDE TOWARDS SCIENTIFIC EVIDENCE Jzef Wjcikiewicz
KEYWORDS:
scientific evidence evaluation, judges competences, eyewitness identifica-
tion, survey
ABOUT THE AUTHOR:
Jzef Wjcikiewicz, LL.D., full Professor of law and forensic science, head
of the Department of Criminalistics at the Nicolaus Copernicus University in
Toru and Professor at the Department of Criminalistics and Public Security
of the Jagiellonian University in Krakw, Poland. Former vice-dean of the
Law and Administration Faculty at the Jagiellonian University, and former
deputy director of the Institute of Forensic Research in Krakw. Department
of Criminalistics, Nicolaus Copernicus University, Gagarina 15, 87-100 Toru,
Poland. E-mail: jwojcikiewicz@law.umk.pl.

2 - Jozef Wojcikiewicz.indd 38 8.9.2011 13:23:42
39 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 2
CRIMINALISTICS FOR JOURNALISTIC INVESTIGATIONS
AUTHORS:
Bojan Dobovek and Matija Mastnak
ABSTRACT
PURPOSE:
The purpose of the article is to analyse the use of criminalistics in journalistic
investigation of phenomena in contemporary society. Investigative reporters
as a special journalists, should be familiar with criminal law, criminology,
sociology of deviance, personality psychology , social psychology, victimol-
ogy, penology, and above all criminalistics. On the other hand, investigative
reporters can and do to use methods and techniques similar to those used in
formal crime investigations (interviews, surveillance and analyse scene of
the crime).
DESIGN/METHODOLOGY/APPROACH:
The study took a descriptive method using a literature review supported by a
qualitative methods including in-depth interviews with investigative report-
ers and police investigators.
FINDINGS:
By the analyzing job of journalists we found out that the job of an investiga-
tive reporter is distinct from apparently similar work done by police, lawyers,
and other regulatory bodies. On the other hand, investigative reporters can
use methods and techniques similar to those used in formal crime investiga-
tion. The main paradox is a defused line between the private and the public
aspects of peoples lives, and to what extend can investigative journalist legit-
imately enter private sphere of a person for gaining information on which the
news story will be based. Investigative journalism is a security mechanism,
but it raises the question of who controls the press in their work. In their
exploration and investigation, journalists come into a dilemma when there is
no law or specific written rules of what is permitted and what is not in a given
situation. The authors specifically point out that the method of interviewing
is used both by the judicial organs of security and by investigative journal-
3 - Bojan Dobovek in Matija Mastnak.indd 39 8.9.2011 13:24:08
40 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINALISTICS FOR JOURNALISTIC INVESTIGATIONS Bojan Dobovek, Matija Mastnak
ists, but the main difference is that the security authorities adhere to specific
rules and regulations. It is only the government investigators that must meet
the high burden of proof of the alleged crime whereas the reporters are free
to report even if their findings fall short of judicially recognizable standards
of proof.
RESEARCH LIMITATIONS/IMPLICATIONS:
The results are generalizable just for the situation in Slovenia. Future study
should include also more qualitative measures like in-depth interviews with
competent experts in field of criminalistics and journalism.
PRACTICAL IMPLICATIONS:
A useful new source of knowledge for all journalists and particularly for in-
vestigative reporters.
ORIGINALITY/VALUE:
This paper extends understanding of criminalistics on how criminalistics can
be used also in other occupations, in this case in investigative journalism.
KEYWORDS:
criminalistics, criminal investigation, investigative reporting, journalism
ABOUT THE AUTHORS:
Bojan Dobovek, Associate Professor and Vice-Dean of the Faculty of Crimi-
nal Justice and Security, University of Maribor, Slovenia. E-mail: bojan.
dobovsek@fvv.uni-mb.si.
Matija Mastnak, Sociologist, Bachelor of Arts in Criminal Justice and Secu-
rity Science, Junior Editor of the Daily Information Program on Television
Slovenia (Public Television). He is conducting a Ph. D. research on investiga-
tive reporting at the Faculty of Criminal Justice and Security, University of
Maribor, Slovenia. E-mail: matija_mastnak@yahoo.com.

3 - Bojan Dobovek in Matija Mastnak.indd 40 8.9.2011 13:24:08
41 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 2
DIAGNOSTIC VALIDITY OF BEHAVIORAL AND VERBAL SYMPTOMS OF
DECEPTION
AUTHORS:
Jan Widacki and Natalia Mirska
ABSTRACT
PURPOSE:
Non-instrumental methods of detection of deception could be useful tool for
police interrogation as well as for polygraph examination (as a part of pre-test
interview). In the literature, authors present many different verbal and non-
verbal symptoms of deception. Which of them are most significant, and which
ones are the worst? Who is better prepared to recognize lies from above men-
tioned symptoms: police officers, teachers or psychologists? Which is more
important for the recognition of lie: knowledge of psychology, experience in
the police force or in the profession of the teacher?
DESIGN/METHODOLOGY/APPROACH:
A catalogue of 16 typical verbal and non-verbal (behavioral) symptoms of de-
ception quoted most frequently in the literature of the subject from the angle
of forensic psychology and criminalistics was submitted for the evaluation of
100 police officers (police detectives), 100 teachers, and 101 psychologists.
FINDINGS:
All the respondents claimed that performing their duties they must frequently
assess their interlocutor is telling the truth. Most of them believe that they can
correctly recognize whether their interlocutor is lying. The respondents task
was to use their knowledge and professional and life experience to sort the 16
symptoms mentioned above, into the categories: frequently accompanying
lies, sometimes accompanying lies, and never accompanying lies.
In this way, the most typical, and therefore the most diagnostic verbal and
non-verbal symptoms of a lie in the opinion of the 301 respondents were
4 - Jan Widacki in Nataa Mirska.indd 41 8.9.2011 13:24:27
42 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
DIAGNOSTIC VALIDITY OF BEHAVIORAL AND VERBAL SYMPTOMS OF DECEPTION Jan Widacki, Natalia Mirska
chosen. They are: avoiding the gaze of the interlocutor (approx. 70% of an-
swers), fidgeting and quick shifting of the position of the body (approx. 50%
of answers), hesitation while talking, frequent interruptions with er.., um..
and similar phrases (approx. 40% of answers), and artificial and unnatural
laughter (approx. 40% of answers). Most of the respondents expressed the
opinion that the symptoms of a lie (both: verbal and non-verbal) are not uni-
versal, but typical of individuality personality types.
The most important findings are:
1. No major differences were discovered between the indications of police
officers, psychologists and teachers;
2. Practical recognition of the lie is primarily based on behavioral symptoms,
and less on the grounds of assessment of verbal ones;
3. Without respect to education and vocational training, the respondents as
a rule focus on the same symptoms of the lie, and therefore they usually
do it in line with their life experience.
KEYWORDS:
detection of deception, police interrogation, non-instrumental methods of de-
tection of deception, verbal and behavioral symptoms of lie, lie, deception
ABOUT THE AUTHORS:
Jan Widacki LL.D, full professor of criminalistics and criminology, Director
of the Criminal Justice Institute of the AFM Krakow University (Poland); edi-
tor in chief of the European Polygraph, former vice-Minister of Interior,
former Ambassador in Lithaunia, member of the Polish Parlament (Sejm).
E-mail: jan.widacki@gmail.com.
Natalia Mirska PhM, psychologist, AFM Krakow University (Poland), De-
partment of Psychology and Department of Criminal Justice. E-mail: natalia.
mirska@o2.pl.

4 - Jan Widacki in Nataa Mirska.indd 42 8.9.2011 13:24:27
43 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PLENARY SESSION 2
STRATEGIC APPROACH OF CRIMINAL INVESTIGATION POLICE IN CRIME
COMBATING COMPARATIVE STUDY OF AUSTRIA AND SERBIA
AUTHORS:
Branislav Simonovi and Maximilian Edelbacher
ABSTRACT
PURPOSE:
The purpose of this paper is to highlight the importance of criminal analysis,
especially strategic crime analysis. Different European documents and theory
suggest the importance of criminal analysis, especially strategic analysis of
the crime. The paper examines the implementation in the practice crime anal-
ysis and especially the strategic aspects of the criminal investigation analysis
in daily work of the police in Austria and Serbia. These two states were select-
ed for a comparative study because one is a developed and another one is in
transition. In addition, there is a significant transfer of crime between them.
DESIGN/METHODOLOGY/APPROACH:
A theoretical approach to the subject of the topic is based on the European
documents that suggest the strategic and operative analysis of crime and on
the state of the theoretical knowledge in the literatures. The empirical ap-
proach to the topics is based on the research of the practice based on the
questionnaire and case studies. Framework for research on the practice is
a state in areas of operational and strategic analysis of crime in Austria and
Serbia.
FINDINGS:
In the literature and in the recent European documents are much empha-
sized / insists on introducing strategic and operational analysis of crime at all
levels and units of criminal investigation service. But in practice it is not so.
A strategic analysis of crime is very neglected in Serbia. The work of crime
investigation services is based on the analysis of operational information and
their work is essentially reactive not proactive. Proactive work of the police
investigation services needs strategic analysis. The neglect of the proactive
5 - Branislav Simonovi in Maximilian ....indd 43 8.9.2011 13:23:27
44 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
STRATEGIC APPROACH OF CRIMINAL INVESTIGATION POLICE IN CRIME COMBATING ... Branislav Simonovi ...
approaches and strategic analysis in the police work in Serbia is not an acci-
dental. Strategic analysis of crime in certain cases would show a connection
between the political centers of power and certain forms of organized crime
and corruption (money laundering, financial crimes, drug trafficking).
The police in Austria place greater emphasis on strategic analysis of crime
than in Serbia. Several reasons for this: the longer tradition in the application
of the analytical methods, better training, less influence of political factors on
police work, etc.
One of the results of the paper indicates the need of a Europe-wide stan-
dardization of the methods required in the field of operational and strategic
analysis of crime.
Without strategic analysis of crime is not possible to make general plan and
action to combat organized and financial crime.
RESEARCH LIMITATIONS/IMPLICATIONS:
Limitations and difficulties in the study are related to data collection. Organi-
zation of the police in those two counties and framework in which they work
are different and affect the accuracy of the results and conclusions.
PRACTICAL IMPLICATIONS:
The paper points out the importance of strategic and operative analysis in
the work of criminal investigation services. The paper points out the need to
establish unified European standards and methodologies in the conduct of
operational and strategic analysis of crime. Standards and similar methodolo-
gies in conducting the analysis of crime is important regardless of whether
the state an EU member or not.
ORIGINALITY/VALUE:
The work compares the importance how much police in Austria and Ser-
bia take care about operational and strategic analysis of crime. Regardless
of differences this state connects geographical proximity and the transfer of
crime.
KEYWORDS:
criminal investigation police, operational and strategic crime analysis
5 - Branislav Simonovi in Maximilian ....indd 44 8.9.2011 13:23:27
STRATEGIC APPROACH OF CRIMINAL INVESTIGATION POLICE IN CRIME COMBATING ...
45 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Branislav Simonovi ...
ABOUT THE AUTHORS:
Branislav Simonovi, LLD. He is a professor of criminalistics of the Faculty
of Law at the University of Kragujevac, Serbia. He has written several books
on Criminalistics and many papers. Contact: simonov@eunet.rs.
Maximilian Edelbacher, Mag. Iur. at the Vienna University and Hofrat of
the Federal Police of Austria, former chief of the Major Crime Bureau, former
international expert of the Council of Europe, OSCE and UNO, lecturer at sev-
eral universities, board member of the Organization of the Austrian criminal
Investigator`s Association, member of ACUNS (Academic Senior Advisory
Council to the United Nations), author of several books and articles.
5 - Branislav Simonovi in Maximilian ....indd 45 8.9.2011 13:23:28
5 - Branislav Simonovi in Maximilian ....indd 46 8.9.2011 13:23:28
PANEL 1:
CRIMINAL INVESTIGATION
1 - Mile ikman.indd 47 8.9.2011 13:27:37
1 - Mile ikman.indd 48 8.9.2011 13:27:37
49 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 1: CRIMINAL INVESTIGATION
CRIMINALISTICS/CRIMINAL INVESTIGATION IN THEORY AND PRACTICE
THEORETICAL CONCEPT AND PRACTICAL APPLICATIBILITY
AUTHORS:
Mile ikman and Velibor Lali
ABSTRACT
PURPOSE:
Criminalistics as a science studies and improves methods and techniques of
investigation of the crime. Theoretical understanding is that it should be a
very important role in criminalistics practice. There is no dilemma. The ques-
tion that arises is how theoretical knowledge complies with criminal inves-
tigation practice. Purpose of this paper is to explore compatibility and diver-
gences between theory and practice of criminalistics and its disciplines.

DESIGN/METHODOLOGY/APPROACH:
Literature review has been carried out in order to determine the structure and
content of criminalistics as a scientific discipline. Qualitative methodology i.e.
focus group interviews have been applied for the purpose of data collection
on practical applicability of theoretical knowledge of criminalistics. There
were two focus groups, each of them consisting of six participants, grouped
according to the following criteria: academic level of education, professional
training and professional experience. All participants currently work as crim-
inal investigators with the Ministry of Internal Affairs of Republic of Srpska,
B&H. The first group consists of graduated students from the College of In-
ternal Affairs in Banja Luka where they systematically studied criminalistics
during their higher education. The second group includes graduated students
from other higher educational institution, which curriculum does not include
studies of criminalistics.
1 - Mile ikman.indd 49 8.9.2011 13:27:37
50 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINALISTICS/CRIMINAL INVESTIGATION IN THEORY AND PRACTICE THEORETICAL ... Mile ikman, Velibor Lali
FINDINGS:
Criminalistics and its disciplines (tactics, techniques, methods and opera-
tions) is a science which uses scientific and practical methods in order to ex-
amine, adjust and develop the most appropriate ways, procedures and meth-
ods to discover criminal act and perpetrators, collect and provide material
and personal evidence for the successful launch and conclusion of criminal
proceedings. Criminalistics in its practical application uses empirical meth-
ods, but also methods of other sciences which adapts to their needs. Adapted
and improved those methods necessarily get the criminalistics` character.
New tendencies in the sphere of crime, particularly the expansion of orga-
nized crime, but also the development of science and technology (especially
computer science) affected the concept of criminalistics to include its fourth
part, which is Crime Strategy. Also, it is important to note that the term
criminal investigation has been recently increasingly in use by B&H scholars
and practitioners. We believe that the criminalistics and criminal investiga-
tion are the same discipline, but there are differences in terminology. The
term criminalistics has been generally accepted in the science and practice
of counties with the Continental European legal system, while the criminal
investigation is a common term in the Anglo-Saxon legal system. So, it is
about disciplines that are substantially compatible. Hence, the importance
of criminalistics in discovering and proving (investigation) the crime is high
and the need of using criminalistics` knowledge and skills is an absolute.
However, in the current criminalistics` practice (especially in the Republic
of Srpska and B&H in general) some divergences are observed from these re-
quirements. Primarily the problem is that theoretical knowledge published in
scholarly papers, monographs and text books goes much behind the need of
practice. There is also the issue of the quality of those works due to the lim-
ited number of original researches. Majority or published works refer to big
themes, often published many times before, lacking focus on actual problems
which imply its limited scientific value. Particular problem is neglecting tech-
nological aspects of criminal investigations, or failure to use modern technol-
ogy and software for detection and investigation of crimes.
RESEARCH LIMITATIONS/IMPLICATIONS:
Research limitations are related to data collection, primarily to the limited
scope of the sample (12 respondents), so results display only tendencies
which should be examined by further researches. Additionally, limitation is
that criminalistics as a scientific discipline is very complex; in this case it is
not possible to see the applicability of all its aspects in practice. In this sense,
the focus will be on the analysis of one segment of criminalistics, specifically
criminalistics methods of investigation property crimes, which are the most
1 - Mile ikman.indd 50 8.9.2011 13:27:37
CRIMINALISTICS/CRIMINAL INVESTIGATION IN THEORY AND PRACTICE THEORETICAL ...
51 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Mile ikman, Velibor Lali
prevalent crimes of all committed crimes in Republic of Srpska and Bosnia
and Herzegovina.
PRACTICAL IMPLICATIONS:
The results will contribute to perception of the content of criminalistics in
terms of theory and its practical implications. Accordingly, this paper formu-
lates the recommendations to improve content of criminalistics and to close
existing gap between theory and practice in Republic of Srpska and Bosnia
and Herzegovina.
ORIGINALITY/VALUE:
This paper is supposed to give some answers on compatibility of theory and
practice of criminalistics. The aim is to integrate through the critical analysis
of contemporary methods and techniques that can be practically applied in
criminal investigation. In addition, the goal is to examine the current situa-
tion of this field in Republic of Srpska and Bosnia and Herzegovina and iden-
tify area for improvements in order to improve scientific knowledge which
can enhance practical work on detection and investigation of crimes.
KEYWORDS:
criminalistics, criminalistic tactics, criminalistic methods, criminalistic op-
erations
ABOUT THE AUTHORS:
Mile ikman, LLD, Ministry of Internal Affairs of Republic of Srpska, Head of
Police Education Department. Contact: nacelnik@education.muprs.org.
Velibor Lali, MA, European Defendology Center in Banja Luka, Researcher.
Contact: lalicvelibor@gmail.com.
1 - Mile ikman.indd 51 8.9.2011 13:27:37
52 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 1: CRIMINAL INVESTIGATION
LEGAL AND FACTUAL SCOPES AND BOUNDARIES OF THE CRIME SCENE
INVESTIGATION
AUTHORS:
elimir Radmilovi and Kreimir Kamber
ABSTRACT
PURPOSE:
As a matter of course, the goal of this article is a general theoretical introduc-
tion into the evidentiary criminalistics action of crime scene investigation.
The aim is to provide legal elaboration of the functionalistic normative pre-
requisites for such action, presented through issues of judiciary supervision
and evidentiary reliability requests, as well as to research the conflicts of ad-
ministration of proceedings and the effective on-site criminal investigation.
DESIGN/METHODOLOGY/APPROACH:
Referenced model for the Article is new Croatian Criminal Procedure Code.
Article is testing solutions of the new Criminal Procedure Code regarding
the evidentiary action of crime scene investigation through the substantive
principles of adversarial systems of investigation, operational and tactical
learning of criminalistics and international principles of human and individu-
als rights. Article is based on theoretical and professional literature on the
subject as well as on the comparative analysis and analysis of discussions and
professional papers following the new Criminal Procedure Code.
FINDINGS:
The criminal procedural law reform in the Republic of Croatia introduced
a number of adversarial institutes and mechanisms with primer emphasis
on the hearing as the central part of a criminal case. Having the unique in-
vestigative opportunities during the criminal investigation makes the crime
scene investigation an indispensable action in the process of fact finding in
a criminal trial. That opens two major issues: (1) administration of findings
and (2) supervision of the action. Administration of findings must be in com-
pliance with the established methodological patterns. Comparative analysis
2 - Zelimir Radmilovic.indd 52 8.9.2011 13:27:49
LEGAL AND FACTUAL SCOPES AND BOUNDARIES OF THE CRIME SCENE INVESTIGATION
53 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
elimir Radmilovi, Kreimir Kamber
reveals two major forms of patterns to the administration of findings which
are presented in the Article as: general administration requests and special
provisions systems. Article defines judiciary supervision of the crime scene
investigation and identifies its two purposes: control of legality and guaran-
ties of evidentiary reliability.
RESEARCH IMPLICATIONS:
Based on the findings of the Article, two major issues still remain for the aca-
demic discussion and research: (1) is judiciary supervision of the crime scene
investigation necessary and, if it is, (2) how to make reconciliation between
urgent operational and security actions and an effective judiciary control.
PRACTICAL IMPLICATIONS:
Having the points and principles to the administration of the proceedings
identified, police and investigators, as operational bodies, are expected to
conduct on-site investigations more precisely and with higher evidentiary ef-
fect. Through the definition of scopes and boundaries of judiciary control,
state attorneys and judges, will be able to understand and appreciate their
procedural function during the crime scene investigation.
ORIGINALITY/VALUE:
Article is the first theoretical elaboration of provisions of the new Criminal
Procedure Code of the Republic of Croatia on the subject of crime scene in-
vestigation from the perspective of administration of proceedings and judi-
ciary control. The Article will be of a great value for the further academic
research and a useful comment of the relevant provisions of law for the final
application by practitioners.
KEYWORDS:
crime scene investigation, administration of proceedings, judiciary control,
evidentiary reliability, control of legality
ABOUT THE AUTHORS:
elimir Radmilovi, univ.spec.crim., senior lecturer at the Police Academy
in Zagreb; teaches Crime investigation techniques and Introduction to crimi-
nalistics; since 1980 works with the police on all levels, as a police officer
and a crime investigator, specialised in crime scene investigations; obtained
master specialist degree in criminalistics at the Faculty of Law University of
Rijeka; court expert at the County Court in Zagreb in crime scene investi-
gations, analysis of traces, identification; phone 0038598 404 904; e-mail:
zradmilovic@fkz.hr.
2 - Zelimir Radmilovic.indd 53 8.9.2011 13:27:49
54 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
LEGAL AND FACTUAL SCOPES AND BOUNDARIES OF THE CRIME SCENE INVESTIGATION elimir Radmilovi, Kreimir Kamber
Kreimir Kamber, mag.iur., univ.spec.crim., works as a prosecutor in the
Municipal State Attorneys Office in Zagreb; worked as an individual legal as-
sociate with the Office of the Prosecutor, International Criminal Tribunal for
the former Yugoslavia; also worked in a private practice law office; obtained
master degree in law and master specialist degree in criminalistics at the Fac-
ulty of Law University of Rijeka; active in various projects of the criminal law
reform; phone 0038598 19 15 139; e-mail: kresimirkamber@yahoo.com.
2 - Zelimir Radmilovic.indd 54 8.9.2011 13:27:49
55 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 1: CRIMINAL INVESTIGATION
MOTOR VEHICLE CRIME IN SERBIA: CURRENT SITUATION AND TRENDS
AUTHORS:
Goran Bokovi and Saa Mijalkovi
ABSTRACT
PURPOSE:
The purpose of the article is to present and analyse current situation and
trends of motor vehicle crime in Serbia in period 20062010 but also to point
to thinking about some of the methods and models of prevention and control
this type of crime.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a statistical analysis of current situation and trends
of motor vehicle crime and a review of professional literature on criminal in-
vestigation of motor vehicle crime. Statistical analysis is based on the data of
the Ministry of Interior of the Republic of Serbia, Directorate for Analysis and
the Police Department for combating of motor vehicles crime of the Belgrade
Police Department.
FINDINGS:
Presented the current status and trends of motor vehicle crime in Serbia en-
able the understanding of the basic phenomenological features of this type of
crime. Analysis enabled identification of the characteristics of perpetrators,
modus operandi and structure of organized criminal groups that committed
these crimes. Shortcomings and possibilities for the improvement of the sys-
tem of responding to this type of crimes are also reflected upon.
ORIGINALITY/VALUE:
This paper is the first systematic overview of the current situation and trends
of motor vehicle crime in Serbia.
3 - Goran Boskovic.indd 55 8.9.2011 13:28:00
56 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
MOTOR VEHICLE CRIME IN SERBIA: CURRRENT SITUATION AND TRENDS Goran Bokovi, Saa Mijalkovi
KEYWORDS:
motor vehicle crime, criminal investigation, organized crime, analysis,
methods of suppression
ABOUT THE AUTHORS:
Goran Bokovi, Ph.D., Assistant Professor of criminalistics and Vice Dean
for Undergraduate Studies at the Academy of Criminalistic and Police Studies
in Belgrade. Academy of Criminalistic and Police Studies in Belgrade, Cara
Duana 196, 11000 Belgrade. E-mail: goran.boskovic@kpa.edu.rs.
Saa Mijalkovi, Ph.D., Associate Professor of security at the Academy of
Criminalistic and Police Studies in Belgrade. Academy of Criminalistic and
Police Studies in Belgrade, Cara Duana 196, 11000 Belgrade. E-mail: sasa.
mijalkovic@kpa.edu.rs.
3 - Goran Boskovic.indd 56 8.9.2011 13:28:00
57 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 1: CRIMINAL INVESTIGATION
CRIMINAL POSTMORTEM DIAGNOSTICS IN THE CONTEXT OF
INVESTIGATION MISTAKES
AUTHOR:
Aleksander Jevek
ABSTRACT
PURPOSE:
The purpose of this review paper is to introduce the concept and activity of
the criminal post-mortem diagnostics and to point out its most important
indicators, which, if not taken into account, could cause serious mistakes in
the course of an investigation.
DESIGN/METHODOLOGY/APPROACH:
In formulating the definition of the criminal post-mortem diagnostics and
describing the terminology, the author uses the method of analysing the con-
tents of foreign and domestic theoretical sources. However, the author uses
the method of case studying in order to present the mistakes in criminal in-
vestigation abroad and in Slovenia.
FINDINGS:
Criminalistics represents one of those few concepts in science which are in
theory and practice related to such vague, imprecise, intangible and diverse
notions. Similar problems occur when we want to define criminal post-mor-
tem diagnostics. Namely, this is a process where a criminal investigator dis-
covers and reconstructs, on the basis of traces and objects found at the crime
scene, and in this way explains an event from the past. The basic criminal
mode within criminal differential diagnosis is the ability to make conclusions
from the consequences of a criminal offence and to determine the reasons for
a criminal offence with the use of original criminal methods. This is a retro-
spective process sui generis, where the investigator identifies indicators that
show whether death occurred due to an accident, suicide or it occurred as a
consequence of murder.
4 - Aleksander Jevsek.indd 57 8.9.2011 13:33:27
58 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL POST-MORTEM DIAGNOSTICS IN THE CONTEXT OF INVESTIGATION MISTAKES Aleksander Jevek
If certain activities within the framework of criminal post-mortem diagnostics
are not performed or if they are performed unprofessionally, this, as a rule,
has grave consequences for judicial and other procedures which may be ir-
reparable. Namely, most tasks are unique and unrepeatable activities which
cannot be replaced after a time delay.
RESEARCH LIMITATIONS/IMPLICATIONS:
Limitations of hypotheses, which were made in this review paper, are related
to the fact that most mistakes, connected with post-mortem diagnosis, are
never detected. In the case of an incorrect post-mortem diagnosis, an autopsy
is generally not requested which consequently means that mistakes could
not have been discovered or proven. Exceptions occur when the autopsy is
requested after the post-mortem examination or when a subsequent exhuma-
tion is carried out due to autopsy.
PRACTICAL IMPLICATIONS:
Findings presented in this review paper can be applied in practice. Presented
results and mistakes and also actions that need to be taken so that mistakes
would not occur will help police officers, criminal investigators, general prac-
titioners and doctors of forensic medicine, who carry out post-mortem exami-
nations.
ORIGINALITY/VALUE:
This is the first presentation of criminal post-mortem diagnostics in the con-
text of investigation mistakes.
KEYWORDS:
post-mortem examinations; criminal investigation mistakes; forensic
medicine; autopsy; post-mortem diagnostics; criminal diagnostics
ABOUT THE AUTHOR:
Aleksander Jevek, MA/LLM, Senior Lecturer of Criminalistics on Faculty
of Criminal Justice and Security , defended, on November 2007, his MA/LLM
thesis on Fear of Crime and Attitudes towards Punishment in the Context of
Contemporary Dangers, Risks and Uncertainties, former Director of Crimi-
nal Police Directorate of the Republic of Slovenija. Contact information: ale-
ksander.jevsek@telemach.net, phone: +386 41 609 690.
4 - Aleksander Jevsek.indd 58 8.9.2011 13:33:27
59 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 1: CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION ASPECTS OF CHILD SEXUAL ABUSE
DETECTION IN SLOVENIA
AUTHORS:
Danijela Frange and Anton Dvorek
ABSTRACT
PURPOSE:
The main goal of this paper is to deliver some information on criminal inves-
tigation aspects of child sexual abuse detection in Slovenia.
DESIGN/METHODOLOGY/APPROACH:
The paper is based on a survey on child sexual abuse which was conducted in
Slovenia in 2010 and 2011. The study included a review of randomly selected
police records of the year 2003.
FINDINGS:
Child sexual abuse detection is difficult. Due to characteristics of such cases
the dark figure of child sexual abuse is therefore probably very high as different
stereotypes and myths are still present in todays society. The most important
factor in detecting child sexual abuse is recognition of signs that could lead to
revealing of such abuse. However, sings that clearly indicate the abuse are very
rare as child sexual abuse is often hidden and it is happening inside a family.
The study pointed out that more than 44 % of reviewed cases were revealed
by victims themselves but in only two cases the information of the abuse was
given to the police by a child victim. Most reports to the police were made by
victims mothers and Centres for Social Work what can lead to the conclusion
that adults in most cases upon childs verbal and nonverbal communication
decide if the committed act against a child was sexual abuse and if it was se-
vere enough for reporting to the police.
The paper presents characteristics of child sexual abuse detection in Slove-
nia and outlines some guidelines on how to identify child sexual abuse and how
to increase child sexual abuse detection.
5 - Danijela Frangez.indd 59 8.9.2011 13:33:40
60 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL INVESTIGATION ASPECTS OF CHILD SEXUAL ABUSE DETECTION IN SLOVENIA Danijela Frange, Anton Dvorek
RESEARCH LIMITATIONS/IMPLICATIONS:
The study included review of selected police records for the year 2003 there-
fore the results should not be generalised and should be considered along
with official police statistical data.
PRACTICAL IMPLICATIONS:
The research findings should be interesting for criminal investigators and
others who are somehow involved in working with children.
ORIGINALITY/VALUE:
This is the first research on child sexual abuse detection in Slovenia.
KEYWORDS:
child sexual abuse, detecting, criminal investigation, child sexual abuse
detecting
ABOUT THE AUTHORS:
Danijela Frange, MA, Assistant Lecturer in Criminal Investigation at the
Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Her
research is focused on criminal investigation and violence against children.
Contact: danijela.frangez@fvv.uni-mb.si.
Anton Dvorek, Ph.D., Associate Professor at the Faculty of Criminal Justice
and Security, University of Maribor, Slovenia, former director of the Criminal
Police Directorate. His research and teaching subjects are criminal investi-
gation and strategy of criminal investigation. Contact: anton.dvorsek@fvv.
uni-mb.si.
5 - Danijela Frangez.indd 60 8.9.2011 13:33:40
61 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 1: CRIMINAL INVESTIGATION
REALITY VS. FICTION: HOW MEDIA CONTENT CAN AFFECT CRIMINAL
INVESTIGATION PRELIMINARY FINDINGS
AUTHOR:
Botjan Slak
ABSTRACT
PURPOSE:
Aim of the article is to investigate if extreme number of criminal investigation
relating TV shows has any influence on viewers. If those viewers become ei-
ther a victim or witness to a crime, how will they react, what will they expect
and how will their through television acquired knowledge about criminal in-
vestigation, influence perception and behaviour in criminal investigation.
DESIGN/METHODOLOGY/APPROACH:
First extensive literature review was conducted. Gathered detailed insight,
then enabled us that a pilot study - surveys of general public - could be con-
ducted. Some insight was also available through personal correspondence
with criminal investigators
FINDINGS:
Literature shows that influence can be separated in several categories. Empir-
ical evidence is scarce, only supporting some categories. Our pilot study was
designed to seek the extend of media shaped public perception of criminal
investigative methods. Basically we compare their knowledge of criminal-
istics with their media viewing habits and personal experience. Empirical
evidence showed that, there is some basis to be worried about the media
influence. Especially in the view of victims and witnesses expectations. Our
pilot study also showed that in an attempt of acquiring empirical evidence,
we come across some methodological difficulties, showing doubt that some
categories will ever receive proper empirical evidence.
6 - Bostjan Slak.indd 61 8.9.2011 14:17:37
62 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
REALITY VS. FICTION: HOW MEDIA CONTENT CAN AFFECT CRIMINAL INVESTIGATION ... Botjan Slak
RESEARCH LIMITATIONS/IMPLICATIONS:
The most problematic limitations are ones of the pilot study sample limi-
tations (gaining low number of responses) low number of responses is a
consequence of the fact that gathering data on viewing habits, experiences
with justice systems and knowledge about criminal investigation, demands
comprehensive questionnaire. Majority of population is not prepared to de-
vote so much time for answering such amount of questions.
PRACTICAL IMPLICATIONS:
Results showed that sometimes precious investigation time must be devoted
to bring a person to reality. Investigators should be aware that they can
come a cross a person, who has distorted perception of criminal investiga-
tion because of media. High expectations can cause groundless bad public
opinion.
ORIGINALITY/VALUE:
There wasnt any similar study done in Slovenia, also we couldnt find a for-
eign study that would research general public perception in a way that ours
did. However there were studies about people expectations for/from forensic
evidence. Studies that include interviews with criminal justice personal have
been done abroad. Part of the paper can be there for used for comparative
data and some parts bring some original finding.
KEYWORDS:
media influence, criminal investigation, expectations, CSI effect, crime
drama, cop shows
ABOUT THE AUTHOR:
Botjan Slak, Faculty of Criminal Justice and Security, University of Maribor,
Slovenia. E-mail: bostjan.slak@gmail.com.
6 - Bostjan Slak.indd 62 8.9.2011 14:17:37
PANEL 2: FORENSICS
1 - Miroslav Busarevic.indd 63 8.9.2011 14:19:02
1 - Miroslav Busarevic.indd 64 8.9.2011 14:19:02
65 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 2: FORENSICS
CRIMINALISTIC TRASOLOGY SCIENCE ABOUT TRACES
AUTHORS:
iroslav Busarevi, Lazar Nei, Aleksandar Radomirovi and
Duan Keckarevi
ABSTRACT
PURPOSE:
The purpose of this work is to present criminalistic trasology, which is, start-
ing from last century seventies, in working practice on the territory of Serbia.
Today`s trasology is built on the wings of many years of criminalistics tech-
nique practice and it represents opened system that undergo evolution, based
on well known principles and objective criteria of contemporary criminalis-
tics, implementing knowledge of modern science and technique.
During the evolution of trasology, terms and a unique base, on which it
stands, are precisely defined. This gave us a standard procedure to find, fix,
investigate and understand traces, which is of the capital significance for cor-
rect understanding of the real evidence worth.

DESIGN/METHODOLOGY/APPROACH:
The article is based on the authors proffessional expirience and several de-
cades of research in the field of criminalistics investigation. During that peri-
od, now widely accepted methods in police and criminal justice system were
evolving throgh original definition of new precise terms, creation of standard
procedures, and multiple checking in the field of practise.
FINDINGS:
This work presents basics of criminalistic trasology as a part of forensic sci-
ences separate criminalistic discipline which, on unique basis, explore all
kinds of traces in the way that is implemented in Serbia. Shortly, it shows el-
ementary terms and principles on which finding, fixation and researching of
traces are based on, with purpose to uncover the crime and unmask indentity
of persons, things and animals. The paper consists of seven parts, where in
1 - Miroslav Busarevic.indd 65 8.9.2011 14:19:02
66 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINALISTICS TRASOLOGY SCIENCE ABOUT TRACES iroslav Busarevi, Lazar Nei, Aleksandar Radomirovi ...
the first one it talks about term, significance and division of criminalistic tra-
sology, in the second part term and significance of traces and places where
crime hapend and division of traces, in the third one role and significance of
trsological versions for finding and interperetation of traces, in forth reala-
tion between criminalistics and trasologic identification, in fifth - trasologic
marks of objects identification and traces (general, individual and identinfi-
cation caracteristics), in sixth term and way of fixing traces and in seventh
metods of trasologic identification (mechanoscopic, physical-chemical and
biological).
ORIGINALITY/VALUE:
The paper is a systematic overview of the present state in the serbian crimi-
nalistic trasology.
KEYWORDS:
trasology, situational and identificational traces, versions of event, fixing
traces, general, individual and identificational features, objects of identifica-
tion, mechanoscopic, physical-chemical and biological way of traces investi-
gation
ABOUT THE AUTHORS:
iroslav Busarevi, physico-chemist, MSc in criminalistics, former expert
in Ministry of Internal Affairs forensic center, approuved court expert for fo-
rensic expertise in general trasology, ballistics and chemistry.
Lazar Nei, electrical engineer, chief of Ministry of Internal Affairs forensic
centre.
Aleksandar Radomirovi, mechanical engineer, chief of Department of ex-
pertise in Ministry of Internal Affairs forensic centre.
Duan Keckarevi, molecular biologist and physiologist, MSc in biology, em-
ploye on the Faculty of Biology, University of Belgrade, approved court expert
for forensic genetics.
1 - Miroslav Busarevic.indd 66 8.9.2011 14:19:02
67 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 2: FORENSICS
STORAGE, PROCESSING AND PRESERVATION OF DATA OBTAINED BY
DNA ANALYSES IN CRIMINAL DATABASES
AUTHORS:
Berislav Pavii, Petar Vei and Tadija Bubalovi
ABSTRACT
PURPOSE:
To show the position of personal data obtained by DNA analysis in criminal
investigation and its preservation in criminal databases.
DESIGN/METHODOLOGY/APPROACH:
Inductive and deductive; proving and disproving, comparative, historical,
axiomatic and other.
FINDINGS:
The paper proves how the data obtained by DNA analysis represents sen-
sitive personal data which is equally valuable as other sensitive data ob-
tained in criminal investigation. This is particularly so since lot of data can
be obtained which is not necessary for the criminal investigation. Second
issue which arises is the duration of preserving such data. On one side this
is related to the person convicted in the process, which the analysis was
conducted for, and on the other side it is related to cases where the proce-
dure was suspended or an acquittal has been reached. After reaching afore
mentioned decisions the question of justification arises regarding the further
preservation of data obtained by DNA analysis. While the interest of effec-
tiveness of discovering and proving criminal acts lies in permanent or longer
duration of preserving all gathered data regarding persons involved, the in-
terest of the person for preserving such data as shortest time as possible lies
on the other side. The same issue arises about obtaining and preserving of
other data regarding persons during criminal investigation which are stored
in criminal databases.
2 - Berislav Pavisic.indd 67 8.9.2011 13:35:16
68 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
STORAGE, PROCESSING AND PRESERVATION OF DATA OBTAINED BY DNA ANALYSES ... Berislav Pavii, Petar Vei ...
RESEARCH LIMITATIONS/IMPLICATIONS:
Normative regulations regarding obtaining and preserving the DNA analysis
data as well as other personal data are not clear and consistent and thus do
not offer satisfactory level of protection for a person. DNA analysis result
represents sensitive data which has to undergo same mechanisms of gather-
ing and preserving as other similar data do, and according to this criterion it
should not be specially accented.
PRACTICAL IMPLICATIONS:
paper could serve as an expert analysis for drafting normative acts regarding
gathering, preserving and erasing of personal data in criminal databases.
KEYWORDS:
personal data protection, DNA analysis, criminal investigation, duration of
preserving personal data, European Court of Human Rights
ABOUT THE AUTHORS:
Berislav Pavii, full professor at Faculty of Law University of Rijeka. He
began his teaching activities in 1974 at Faculty of Law in Rijeka. He is a full
professor teaching Criminal Procedure Law, Comparative Criminal Law and
Procedure, International Criminal Law and Criminalistics. He teaches at sev-
eral European law faculties as a visiting professor. He has published several
university textbooks, commentaries of Criminal Act and Criminal Procedure
Act in several editions, numerous scientific papers in national and interna-
tional journals. He is Head of Faculty of Law University of Rijeka Institute for
Criminal Sciences Moenice.
Petar Vei, associate professor at Faculty of Law University of Rijeka, Depart-
ment of Criminal Procedure Law and Criminalistics. From 1977 to 2005 he
worked at various jobs for Republic of Croatias Ministry of Interior Affairs. In
past five years he was coauthor of textbook for Criminal Procedure Law and
Criminalistics courses. He is head researcher for scientific project Security
of Citizens in Local Community.
Tadija Bubalovi, assistant professor at Law Faculty University of Rijeka, at
the Department of Criminal Procedure Law and International Criminal Law.
He is also a university associate professor at Law Faculty University of Tuzla.
Before that he was appointed judge at Supreme Court of Federation of Bosnia
and Herzegovina in Sarajevo (1996.-2009.). He is the author of one scientific
book (Pravo na albu u kaznenom postupku, Bemust, Sarajevo, 2006, 405
pp), numerous scientific and expert papers and several publications of legal
texts with commentaries and annexes. E-mail: tbubalovic@pravri.hr.
2 - Berislav Pavisic.indd 68 8.9.2011 13:35:16
69 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 2: FORENSICS

MODERN METHODS IN FIRE INVESTIGATION: APPLICATION OF FIRE
MODELS IN THE FIELD OF FIRE INVESTIGATION USE, CHANCES AND
PROBLEMS

AUTHOR:
Frank D. Stolt

ABSTRACT

PURPOSE:
This paper focuses on the use of computer simulation for fire investigation.
The purpose of the paper is to present an overview of the essential criterion
for the quality and relevance of the various simulation results in the field of
fire investigation.

DESIGN/METHODOLOGY/APPROACH:
The paper is based on a review of hundreds of peers-reviewed technical pub-
lication and articles have been written regardings the use, methodology, va-
lidity, and reliability of computer fire models in the Fire Safety Management
(FSE).
This paper presents the results of the investigation of a real room fire and
the numerical simulation of this room fire on June 2010 in training centre of
St. Plten FD (A). Fire causes TV set. The reconstruction of this room fire
based on its traces by using the FDS (Fire Dynamics Simulator) / Smokeview
and CFAST. The calculation were performed with the National Institute of
Standards an Technology (NIST) Fire Simulator.

FINDINGS:
Computer fire modelling is the heart of the scientific method in fire safety
management. Today it is more and more very important that fire models
should be also used as a tool to supplement an investigators on-scene inves-
tigation and analysis. Computer fire modelling can assist a fire investigator
in understanding how a fire may have evolved. It allows a fire investigator to
test their hypothesis or others hypothesis for validation or refutation. The
3 - Frank Dieter Stolt.indd 69 8.9.2011 13:35:34
70 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
MODERN METHODS IN FIRE INVESTIGATION: APPLICATION OF FIRE MODELS IN THE ... Frank D. Stolt
models can provide a range of timing issues that may assist in understanding
eyewitness account. The computer simulation can assist in understanding
the progression of the fire in relationship to other variables. Investigator can
utilize computer fire simulation to compare the post-fire damage or physical
evidence to the results of the various models. Computer animation can uti-
lized to visualize fire phenomena in the court room.

ORIGINALITY/VALUE:
Computer fire models are basically applicable for the reconstruction of events
of fire by following their evident traces. The models can provide a range of
timing issues that may assist in understanding eyewitness account. The com-
puter simulation can assist in understanding the progression of the fire in
relationship to other variables. Investigator can utilize computer fire simula-
tion to compare the post-fire damage or physical evidence to the results of the
various models. Computer animation can utilized to visualize fire phenom-
ena in the court room

KEYWORDS:
fire investigation, fire simulation, FDS/Smokeview, fire scene reconstruction,
ventilation, HHR, SHAF, evidence, flash over, testimony in the court room

ABOUT THE AUTHOR:
Frank D. Stolt, Sicherheitsfachwirt (FH), M.Sc., M.Sc, M.A., Expert witness
of Fire and Explosion Investigation (Germany), Certified Fire and Explosion
Investigation (USA), Canadian Certified Fire Investigator (Canada), Certified
Fire Investigation Instructor (USA), Member of the Institution of Fire Engi-
neers (UK), lecturer by the college of Police Rheinland-Pfalz and the college of
Police Baden-Wrttemberg and the Tederal Police academy and the cole de
Police Grand Ducale Luxembourg, Technical Senior Supervisor of Fire Depart-
ment Mannheim. Bureau of Fire and Explosion Investigation, Enzianstrae
43a, 68309 Mannheim, Germany, E-mail: frankdieter.stolt@bdk.de.
3 - Frank Dieter Stolt.indd 70 8.9.2011 13:35:34
71 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 2: FORENSICS
APPLICATION OF THEORETICAL METHOD IN FORENSICS FOR MORE
PROBABLE DETERMINATION OF AN ESCAPED VEHICLE AFTER TRAFFIC
ACCIDENT
AUTHORS:
Vojkan Zori, Nataa Radosavljevi-Stevanovi, Jovan etraji, Igor etraji,
Stevan Armakovi and Slobodan Gaduri
ABSTRACT
PURPOSE:
As the standard forensic methods in practical applications proved insufficient
in the current methods of laboratory testing, this paper presents a new ap-
proach to the analysis of laboratory results obtained by applying the method
of convolution and composition in the theory of reversible and irreversible
absorption.
DESIGN/METHODOLOGY/APPROACH:
In the real traffic accident the bicyclist was killed by a dark red car. The driver
of the car escaped from the accident place. The traces of paint found on ac-
cident place, together with samples of paint taken from eight suspicious cars
were investigated experimentally at low energies (FT-IR - method Infrared of
Spectrophotometer with Fourier-Transformation), as well as at high energies
(SEM/EDS - Scanning Electron Microscopy with Electro Dispersive Spectrom-
eter of x-ray).
FINDINGS:
The experimental investigations excluded six suspected vehicles-cars. The
experimental diagrams for samples from accident place and from two cars
were visibly very similar so that no conclusion was deduced. It was the rea-
son for theoretical analysis of experimental results. Applying methods of the
theory of reversible and irreversible absorption it was determined which of
the two cars more probably collided with the bicycle. The results substan-
tially increase the probability of identifying a runaway vehicle after a traffic
accident in which, very often, suspected of two or more vehicles of the same
paint, brand and type, and it happens to be the same year of production.
4 - Vojkan Zoric.indd 71 8.9.2011 13:35:49
72 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
APPLICATION OF THEORETICAL METHOD IN FORENSICS FOR MORE PROBABLE ... Vojkan Zori ...
ORIGINALITY/VALUE:
The work represents a genuine scientific contribution. Part of this study was
initiated in a doctoral work of Dr. Sc. Vojkan Zoric. So far, it has been applied
in actual court cases, which gave good results.
KEYWORDS:
traffic accident, experimental investigation of paint samples, theory of revers-
ible and irreversible absorption, method convolution and composition
ABOUT THE AUTHORS:
Vojkan Zori, Teacher of Physics, MSc, PhD, a longtime leading expert of
National Criminal Technical Center of the Ministry of Internal Affairs R. Ser-
bia in the field of inorganic analysis, and analysis of paints and Micro traces,
an Forensics Scientist and expert of the Ministry of Justice R. Serbia in the
field: micro traces, Crime Physics and Crime Chemistry, Research Associate
Laboratory for Condensed Matter Physics, Faculty of Sciences, University of
Novi Sad, head of the first research project in Forensic investigations in Serbia
under the auspices of the Ministry of Education and Science R. Serbia, Min-
istry of Internal Affairs, CPD-National Criminalistic-Technical Center, Kneza
Milosa str. 103, Belgrade, Serbia, +381/11/3615-125, vojkan.zoric@mup.gov.
rs, vzoric@df.uns.ac.rs.
Nataa Radosavljevi-Stevanovi, Teacher of Chemistry, M.Sc., expert of
National Criminal Technical Center of the Ministry of Internal Affairs R. Ser-
bia in the field of narcotics analysis and patterns of inorganic origin, head of
the laboratory for analysis of narcotics and substance psihotropih in Center,
Research Assistant Laboratory of Inorganic Chemistry, Faculty of Sciences,
University of Nis, Ministry of Internal Affairs, CPD-National Criminalistic-
Technical Center, Kneza Milosa str. 103, Belgrade, Serbia, +381/11/3615-
125, natasa.radosavljevicstevanovic@mup.gov.rs.
Jovan etraji, B.Sc. in Physics, M.Sc., Ph.D., Academician (Associate Mem-
ber of the Academy of Sciences and Arts Republic of Srpska), Full professor
Faculty of Sciences, University of Novi Sad, the author of numerous scientific
papers, textbooks and manuals, a longtime researcher in scientific projects
under the auspices of the Ministry of Education and Science R. Serbia and the
current project leader in the field of basic research, Trg Dositeja Obradovia
4, Novi Sad, Vojvodina-Srbija, +381/21/485-2816, bora@df.uns.ac.rs.
Igor etraji, B.Sc. in informatics, PhD student, research assistant Faculty
of Sciences, University of Novi Sad, the research team first research project in
4 - Vojkan Zoric.indd 72 8.9.2011 13:35:49
APPLICATION OF THEORETICAL METHOD IN FORENSICS FOR MORE PROBABLE ...
73 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Vojkan Zori ...
Forensic investigations in Serbia under the auspices of the Ministry of Educa-
tion and Science R. Serbia, Trg Dositeja Obradovia 4, Novi Sad, Vojvodina-
Srbija, +381/21/485-2816, sele1976@yahoo.com
..
Stevan Armakovi, B.Sc in Physics, PhD student, research assistant Faculty
of Sciences, University of Novi Sad, the research team first research project in
Forensic investigations in Serbia under the auspices of the Ministry of Educa-
tion and Science R. Serbia, Trg Dositeja Obradovia 4, Novi Sad, Vojvodina-
Srbija, +381/21/485-2816, stevan.armakovic@df.uns.ac.rs.
Slobodan Gaduri, B.Sc. in Chemistry, M.Sc., PhD, Assistant Professor Fac-
ulty of Sciences, University of Novi Sad, the prominent author of scientific
papers, won awards for best young researchers at the University of Novi Sad,
a researcher in scientific projects sponsored by the Ministry of Education and
Science R. Serbia and the current project leader in the field of basic research,
Trg Dositeja Obradovia 3, Novi Sad, Vojvodina-Srbija, +381/21/485-2744,
slobodan.gadzuric@dh.uns.ac.rs.
4 - Vojkan Zoric.indd 73 8.9.2011 13:35:49
74 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 2: FORENSICS
FORENSIC ARCHAEOLOGY IN PRACTICE

AUTHOR:
Maciej Trzciski
ABSTRACT

PURPOSE:
The goal of the this paper is to present practical aspects of use of forensic
archaeology.
DESIGN/METHODOLOGY/APPROACH:
It is focused on selected examples of capabilities of applying the methodology
commonly used by archaeologists in forensic investigations. One of the pri-
mary purposes of this article is to highlight the complex nature of the crime
scene examination. It seems that the archeologists knowledge and experi-
ence in this matter can be very useful for law forces (police, prosecutors).
FINDINGS:
Both forensic science and archaeology aim is to reconstruct past events on
the basis of preserved material traces. Interchangeable use of both disci-
plines methodologies has already its tradition and proves to be highly use-
ful. Forensic expertise (fingerprint examination, forensic mechanoscopy or
anthropology) are often successfully used in research such as archaeological
and historical study of mummy of Ramesses II, Tutankhamun or the Iceman
(tzi) discovered in 1991 in the Alps.
On the other hand a number of archaeological methods ranging from geo-
physical research to archaeological excavations is applied during forensic
investigations.
The term Forensic Archaeology, in common use for years in the English-
speaking countries, begins to be used also in Central Europe (including Po-
land). Interdisciplinary archaeological and forensic investigations are run
5 - Maciej Trzcinski.indd 74 8.9.2011 13:35:58
FORENSIC ARCHAEOLOGY IN PRACTICE
75 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Maciej Trzciski
during research of mass graves in cases of crimes of genocide or war crimes
(Katyn), on old battlefields and aircraft crash sites (Smolensk).
ORIGINALITY/VALUE:
Forensic archaeology may be also used in cases of recently committed crimes
as a meticulously conducted investigation of a crime scene.
KEYWORDS:
forensic science, archaeology, crime scene investigation
ABOUT THE AUTHOR:
Maciej Trzciski, dr. hab., the employee of the Chair of Forensic Science at
the Faculty of Law, Administration and Economics of the University of Wro-
claw, Poland. Research interests: the legal protection of cultural heritage, the
crime against historical monuments, the forensic archaeology.
5 - Maciej Trzcinski.indd 75 8.9.2011 13:35:58
5 - Maciej Trzcinski.indd 76 8.9.2011 13:35:58
ROUND TABLE
6 - Financial crime.indd 77 8.9.2011 13:34:45
6 - Financial crime.indd 78 8.9.2011 13:34:45
79 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
ROUND TABLE
FINANCIAL CRIME: A GLOBAL THREAT
DISCUSSANTS:
Maximilian Edelbacher, Bojan Dobovek, Peter C. Kratcoski, Arije Antinori
and Matija Mastnak
ABSTRACT
PURPOSE:
The Financial Crisis of 2007-2009 hit the world like the Fall of the Iron Cur-
tain, or the Terrorist Attacks on the United States of America, 9/11/2001.
Changes in the field of Security: From Safety/Security to Comprehensive Se-
curity and Human Security, analyzing what can be learned by investigating
white collar crime and how to prevent another financial crisis by using an-
other risk model was the purpose to write this book. In the roundtable the
outcomes shall be discussed.
DESIGN/METHODOLOGY/APPROACH:
The book is a reader. Eighteen authors, confronted with the phenomenon of
the Financial Crisis, bring in their ideas. All authors are researchers or experts
in the field of security, economy and prevention. The approach in the book is:
Discussion what are the developments in the field of Security-research stud-
ies, do we learn something fighting white collar crime and can the financial
sector be qualified as an critical infrastructure which should be protected.
FINDINGS:
The financial crisis was not an outcome of a financial Zunami. The crisis was
the product of many human failures. Greed and uncontrolled gambling atti-
tudes of financial institutions were the fundament of this world crisis, which
still has not ended.
RESEARCH LIMITATIONS/IMPLICATIONS:
The financial crisis is an unfinished experience. The researchers and experts
discuss this phenomenon just from a point of view of penal law, liability,
6 - Financial crime.indd 79 8.9.2011 13:34:46
80 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
FINANCIAL CRIME: A GLOBAL THREAT Maximilian Edelbacher, Bojan Dobovek, Peter C. Kratcoski ...
economic understanding and the platform of security philosophy. There is no
line of arguments seen from a perspective of politics or good governance.
PRACTICAL IMPLICATIONS:
If new security issues, practical experience of Investigation and knowledge
of risk management of reinsures would be used an other Financial Crisis can
be avoided.
ORIGINALITY/VALUE:
The originality and special value of the approach in this book and the round
table is that a combination of risk management theories with human factor
analysis are used to find new solution possibilities. This was never done be-
fore.
KEYWORDS:
financial crises, security development, white collar crime, prevention meth-
ods by risk management methods of re-insurers and human factor analyzis
ABOUT THE AUTHORS:
Maximilian Edelbacher, Mag. Iur. at the Vienna University and Hofrat of the
Federal Police of Austria, former chief of the Major Crime Bureau, former in-
ternational expert of the Council of Europe, OSCE and UNO, lecturer at sev-
eral universities, board member of the Organization of the Austrian criminal
Investigator`s Association, member of ACUNS (Academic Senior Advisory
Council to the United Nations), author of several books and articles.
Bojan Dobovek, Doctor of Science (Ph.D. from the Faculty of Social Science,
University of Ljubljana, Slovenia), Associate Professor in Criminal Investiga-
tion, is a Vice Dean at the Faculty of Criminal Justice and Security, University
of Maribor, Slovenia. He is the author of a book on organized crime and edi-
tor of several publications on corruption and organized crime. He is author
of draft recommendations for project OECD: Anti-Corruption Networks for
Transition Economies, Istanbul Anti-Corruption Action Plan for Armenia,
Azerbaijan, Georgia, Kazakhstan, the Kyrgyz Republic, the Russian federa-
tion, Tajikistan and Ukraine; and crime against the environment.
Peter C. Kratcoski, he received his Ph.D. from the Pennsylvania State Uni-
versity in Sociology, M.A. in Sociology from the University of Notre Dame,
B.A. in Sociology from Kings College. He retired as a professor of Sociology
and Criminal Justice Studies in 1998. During his career, he served as Chair-
person of the Department of Criminal Justice and Professor of Sociology and
Criminal Justice Studies at the Kent State University and Chairperson of the
6 - Financial crime.indd 80 8.9.2011 13:34:46
FINANCIAL CRIME: A GLOBAL THREAT
81 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Maximilian Edelbacher, Bojan Dobovek, Peter C. Kratcoski ...
Department of Justice Studies, the position he held at retirement. Currently
he is, Official Recorder of the International Police Executive Symposium, a
member of IPES, Society for Police and Criminal Psychology, Academy of
Criminal Justice Sciences. Out of his numerous publications his book Ju-
venile Delinquency, 5
th
edition with Lucille D. Kratcoski was published in
Chinese by Peoples Republic of China: Pearson Education Asia Limited and
China Light Industry press in 2009.
Arije Antinori, Ph.D in Criminology applied to Investigations and Security at
Alma Mater Studiorum University of Bologna in consortium with Sapien-
za University of Rome. Sociologist, Criminologist and geopolitics Analyst, 2
nd

Level Italian Master in Theories & Methods for Criminal Investigations. Ph.D
student in Communication Studies. Italian State Police officer. He currently
is Socio-Criminology Research Area Coordinator of CRI.ME lab (Criminol-
ogy, Crisis Communication & Media laboratory) at Sapienza University of
Rome Department of Communication & Social Research. He is member of:
Italian Society of Criminology (SIC), Italian Society of Victimology (SIV), The
Academic Council on the United Nations System (ACUNS), Italian National
Security Watch at Center High Studies for Defense (CASD), and International
Police Executive Symposium (IPES). He is qualified researcher at Centre for
Military and Strategic Studies (CEMISS). He is a European Union`s Election
Obersver. As Researcher and Tutor he collaborates at Sapienza University
of Rome Faculty of Communication Sciences Chair of Criminology and So-
ciology of Deviance, Faculty of Law - Chair of Law Institutions, Security and
Social-Change. Teacher of Terrorism & Media, Crisis Management & Com-
munication, Counter-Terrorism, Communication & Crime and Islamism
& Terrorism in several Master courses.
Matija Mastnak, Bachelor of Arts in Criminal Justice and Security Science,
Junior Editor of the Daily Information Program on Television Slovenia (Pub-
lic Television). He is conducting a Ph. D. research on investigative reporting
at the Faculty of Criminal Justice and Security, University of Maribor, Slov-
enia.
6 - Financial crime.indd 81 8.9.2011 13:34:46
6 - Financial crime.indd 82 8.9.2011 13:34:46
PANEL 3:
CRIMINAL INVESTIGATION
1 - Igor Bernik.indd 83 8.9.2011 13:36:44
1 - Igor Bernik.indd 84 8.9.2011 13:36:44
85 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 3: CRIMINAL INVESTIGATION
CYBERCRIME: WHAT ARE WE AFRAID OF?
AUTHORS:
Igor Bernik and Gorazd Meko
ABSTRACT
PURPOSE:
The purpose of the article is to present perception of cybercrime in terms of
understanding, perception and fear of cybercrime.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a review and analysis of professional literature on cy-
bercrime and research of the awareness, knowledge and fear of cybercrime in
Slovenia, which was carried out with the help of an online questionnaire. The
two-part questionnaire also covered general data pertaining to the statistical
population.
FINDINGS:
Cybercrime lack clarification what is particularly cyber in regard to crime.
Criminal acts are punishable by law but a great number of offences are pros-
ecuted accordingly to criminal legislation. The majority of cyber deviance is
still not controlled by the police and other social control agencies. A huge
contrast exists between hundreds of thousands of incidents that are reported
by the cyber-security industry each year and the relatively small number of
known prosecutions. Dark numbers of cybercrime are huge due to many fac-
tors. We assume that cybercrime and fear of it are related to the users knowl-
edge about contemporary threats in cyberspace.
ORIGINALITY/VALUE:
The paper is the systematic overview of the fear of cybercrime in Slovenia
and a call for further research on the presented topic.
1 - Igor Bernik.indd 85 8.9.2011 13:36:44
86 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CYBERCRIME: WHAT ARE WE AFRAID OF? Igor Bernik, Gorazd Meko
KEYWORDS:
cybercrime, fear, Slovenia
ABOUT THE AUTHOR:
Igor Bernik, PhD, Assistant Professor of Information Sciences and the head of
Information Security department at the Faculty of Criminal Justice and Secu-
rity, University of Maribor, Slovenia. His research fields are information sys-
tem, information security and growing requirement for information security
awareness. He has recently been involved in the international project: eSEC
Competency Based e-portal of Security and Safety Engineering. e-mail: igor.
bernik@fvv.uni-mb.si, tel: +386 1 300 83 40, fax: +386 1 230 26 87
Gorazd Meko, PhD, is Professor of Criminology and Dean of the Faculty
of Criminal Justice and Security, University of Maribor, Slovenia. His main
research interests are related to crime prevention, crime control policy, polic-
ing, and provision of safety/security. E-mail: gorazd.mesko@fvv.uni-mb.si
1 - Igor Bernik.indd 86 8.9.2011 13:36:44
87 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 3: CRIMINAL INVESTIGATION
SEARCH AND SEIZURE DATA IN CYBER SPACE MECHANISM TO PRESERVE
AND REPRODUCE DATA IN NONVOLATILE FORMAT
AUTHORS:
Draen krti, Damir Kralj and Mirna vegar
ABSTRACT
PURPOSE:
The purpose of the article is to present the origins, developments and trends
in criminal investigation science /criminalistics in order to preserve digital
evidence obtained by search and seizure data in cases of the remote com-
puter, cyberspace and cloud search.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a review and analysis of professional literature on
criminal investigation, published in books and periodicals.
FINDINGS:
Electronic data held on computer hard disks and other rewritable physical
digital media can be considered as very volatile form of evidence. This evi-
dence can be easily altered or destroyed if left unprotected or without proper
handling. As in the case of traditional evidence, the proponent of evidence
normally carries the burden of offering sufficient support to authenticate
electronic evidence. Therefore, a mechanism to preserve or reproduce the
data in a non-volatile format is required. Physical acquisition (disk imaging)
allows an entire hard disk drive to be reproduced or analyzed without the
need to access the original hard disk. This process provides safe mechanism
to analyze, test and interact with data, while still providing the most accurate
reproduction of the original. In this case the data copied can be said to be an
exact duplication of the original, a more exact duplication than, for example,
a photocopy of a page, as disk image allows you to recover deleted and ambi-
ent data. In cases where data were obtained by searching in cyberspace, e.g.
remote searching and browsing in the cloud, it is necessary to ensure the
authenticity of the information searched and seized. Computer forensic ex-
2 - Drazen Skrtic.indd 87 8.9.2011 13:36:52
88 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
SEARCH AND SEIZURE DATA IN CYBER SPACE MECHANISM TO ... Draen krti, Damir Kralj, Mirna vegar
aminers frequently use a number of methods to ensure the validity of the data
copied including creating a digital signature (called a mathematical hash) of
the data as it is read from the hard disk drive or similar physical media, so
that the signature can be compared to the copied data. The mathematical
hashing algorithm allows the examiner to detect if data have been altered or
an error has occurred during the copy process. A number of commercial fo-
rensic acquisition products even embed the mathematical hash into the elec-
tronic container that holds the forensic image. The authors give an overview
of standard procedures of ensuring the authenticity of digital evidence by us-
ing a specific write-protection devices, either hardware or software that will
eliminate the inadvertent or deliberate alteration of data in the case where
only file or files are copied (logical acquisition), and when there does not ex-
ist a copy of the entire hard disk or similar physical media (physical acquisi-
tion). This process is essential if the original evidence needs to be interacted
in some way, such as producing a forensic copy or performing a preview of
the data to determine reasonable grounds to believe a thing (computer) will
afford evidence in investigation.
ORIGINALITY/VALUE:
The paper is the systematic overview of history and development of proce-
dures ensuring the authenticity of digital evidence obtained by remote search-
ing, searching in cyberspace and cloud.
KEYWORDS:
cyberspace, cloud, remote search, search and seizure data, criminal investi-
gation, criminalistics, forensics, investigative
ABOUT THE AUTHOR:
Draen krti, PhD candidate at the Faculty of Law, University of Zagreb,
MSc in Criminal Sciences at the Faculty of Law, University of Zagreb, gradu-
ate criminalist at the High Police School of the Ministry of Interior, Croatia,
Criminal Investigation Division, Karlovac Police administration, Republic of
Croatia Ministry of Interior, author of the original scientific paper, prelimi-
nary communications, author reviews, conference papers and professional
papers in the field of criminal law. E-mail: dskrtic@pravo.hr.
Damir Kralj, Mr.Sc., Information system designer at the Ministry of the Inte-
rior, PD Karlovac, where he often faces issues of computer forensics, lecturer
of computer science at the Karlovac University of Applied Sciences, attendee
of Postgraduate doctoral study at the Faculty of Electrical Engineering and
2 - Drazen Skrtic.indd 88 8.9.2011 13:36:52
SEARCH AND SEIZURE DATA IN CYBER SPACE MECHANISM TO ...
89 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Draen krti, Damir Kralj, Mirna vegar
Computing, University of Zagreb. His scope of research covers design and
definition of formal models of quality and safety assessment for information
technologies and applicative solutions in primary health care. E-mail: damir.
kralj@ka.t-com.hr.
Mirna vegar, graduated Criminalistics at the High Police School of the Min-
istry of Interior, Republic of Croatia, crime analyst at Ministry of Interior,
Karlovac Police administration, Criminal Investigation Division, Republic of
Croatia Ministry of Interior, postgraduate student at the Faculty of Law Uni-
versity of Rijeka, interdisciplinary Postgraduate specialist study Criminal In-
vestigation. E-mail: mirna.svegar@gmail.com.
2 - Drazen Skrtic.indd 89 8.9.2011 13:36:52
90 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 3: CRIMINAL INVESTIGATION
THE ROLE OF CRIMINAL INVESTIGATION IN A FIGHT AGAINST
TAX FRAUDS
AUTHORS:
Darja Bernik and Bojan Tiar
ABSTRACT:
PURPOSE:
The purpose of this research is to identify and describe the role of criminal
investigation in the fight against tax frauds in the European Union and Slo-
venia.
DESIGN/METHODOLOGY/APPROACH:
The methodology used is a descriptive and comparative analysis with ap-
plicative synthesis to Slovenian tax practice. With the support of causal con-
secutive analysis, the authors identify the role of criminal investigation in the
fight against tax frauds. On the basis of the review of European legislation
on administrative cooperation within the European Union between differ-
ent branches of government and international organizations the comparative
analysis with the applicative synthesis to Slovene tax practice will be applied.
Furthermore the authors examine the role of criminal investigation in the
fight against tax frauds in Slovenia and search for the best solutions.
FINDINGS:
Administrative cooperation between different branches of government in
specific Member States (Police, Ministries of Justice, Tax and Customs Au-
thorities, financial institutions) and between different organizations and their
investigators or analysts within the EU and in Slovenia should be increasingly
extended. The most important role of criminal investigation is in detecting
critical areas of investigation and analyzing gathered data, in strategic plan-
ning, in implementing investigation methods and also in the tactical planning
of daily actions and available resources.
3 - Darja Bernik.indd 90 8.9.2011 13:37:01
THE ROLE OF CRIMINAL INVESTIGATION IN A FIGHT AGAINST TAX FRAUDS
91 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Darja Bernik, Bojan Tiar
PRACTICAL IMPLICATIONS:
A useful source of information for the investigators or employees of differ-
ent branches of government to recognize which are the strengths of criminal
investigation and in which direction administrative cooperation should be
developed.
ORIGINALITY/VALUE:
Through comparative analysis of EU regulations and other legal acts regard-
ing administrative cooperation within the EU the best solutions for the Slo-
venian system are recognized. The paper also significantly contributes to
the identification of the role of criminal investigation in the fight against tax
frauds as a part of the broader fight of different branches of government and
international organizations against this kind of crime.
KEYWORDS:
criminal investigation, tax fraud, European legislation, Slovene legislation,
International organizations, administrative cooperation, police, jurisdiction,
tax authorities
ABOUT THE AUTHORS:
Darja Bernik, M. Sc. Econ. (Foreign exchange department) of the Faculty
of Economics, University of Ljubljana. She is a contractual Associate of the
Faculty of Economics, a licensed tax adviser of the Slovenian Chamber of
Tax Consultants (ZDSS), a member of CFE (Confederation Fiscal Euro-
pean). She has many years of working experience as a Tax Manager in dif-
ferent international tax consulting groups (i.e. IB Grant Thornton Consult-
ing d.o.o., PricewaterhouseCoopers d.o.o., Ljubljana, Slovenia). At present
she is employed as an Accounting and Tax Manager in Spar Slovenija d.o.o.
Her research interests include economic science and tax law. E-mail address:
darja@census.si

Bojan Tiar, PhD (financial and tax law), is an Associate Professor and Vice
Dean of the Faculty of Criminal Justice and Security, University of Maribor.
His research interests include administrative law and Public Sector law. E-
mail address: bojan.ticar@fvv.uni-mb.si
3 - Darja Bernik.indd 91 8.9.2011 13:37:01
92 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 3: CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION OF CREDIT CARD RELATED CRIMES
AUTHORS:
Igor Lamberger, Bojan Dobovek and Botjan Slak
ABSTRACT
PURPOSE:
Crimes where credit cards are involved are increasing. There are numerous
types of credit card misuse, abuse and frauds. However there is a sustain-
able lack of literature about investigation and prevention of these types of
crimes.
DESIGN/METHODOLOGY/APPROACH:
A review of literature and analysis of in depth interviews with high rank em-
ployees in Slovenian banks. .
FINDINGS:
Literature dedicated to criminalistics about credit card related crimes is rare.
There are, however numerous publications on technological perspectives of
these crimes and their prevention (computer networks, mathematical protec-
tion algorithms), yet it seems that perpetrators are a step ahead of those who
are creating prevention measures on such crime, as number of credit card
crimes is increasing. Since it is hard to investigate credit card related crime,
prevention is still the best measure taken.

RESEARCH LIMITATIONS/IMPLICATIONS:
In depth case studies cannot be done because of classified information of
suspected perpetrators and moreover, banks also do not share information
on breaches of their security systems or ATMs with academic researchers.
PRACTICAL IMPLICATIONS:
Some characteristics of credit card fraud could be useful for criminal investi-
gators. Emphasising the importance of cooperation of institutions could bring
some progress in the development of such professional networks.
4 - Igor Lamberger.indd 92 8.9.2011 13:37:10
CRIMINAL INVESTIGATION OF CREDIT CARD RELATED CRIMES
93 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Igor Lamberger, Bojan Dobovek, Botjan Slak
ORIGINALITY/VALUE:
Literature about credit crimes (investigation) is rare. Especially there is not
many researches based on in depth interviews with bank employees, so the
paper adds some practical insight in the problematic.
KEYWORDS:
credit card, fraud, counterfeit credit card, investigation, prevention
ABOUT THE AUTHORS:
Igor Lamberger, Master of Economic Sciences, employed at the General Po-
lice Directorate, Lecturer at Slovenian Police academy and a Senior Lecturer
at the Faculty of Criminal Justice and Security, University of Maribor.
Bojan Dobovek, Associate Professor and Vice-Dean of the Faculty of Crimi-
nal Justice and Security, University of Maribor, Slovenia. E-mail: bojan.
dobovsek@fvv.uni-mb.si.
Botjan Slak, Faculty of Criminal Justice and Security, University of Maribor,
Slovenia. E-mail: bostjan.slak@gmail.com.
4 - Igor Lamberger.indd 93 8.9.2011 13:37:10
94 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 3: CRIMINAL INVESTIGATION
NEW STRATEGIES IN SMUGGLING INVESTIGATION
AUTHOR:
Ioan Liviu Tut
ABSTRACT
PURPOSE:
Romania is undergoing an economical - economic crisis. A key issue is the
need to increase revenue to the state budget. Significant amounts are lost in
pursuit of illegal activities that violate the customs regime in a generic ex-
pression - through smuggling. The author promotes personal considerations
which will hopefully -hopes to contribute to adaptation of how carries out
criminal investigation is carried out in this field, contribute to the develop-
ments regarding to unlawful conduct in the field, contribute to the develop-
ments in the preparation, conduct and recovery of the results obtained close
to the results obtained through smuggling.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a rigorous analysis of developments of legal practice in
Romania and specialized study from Europe and North America.
FINDINGS:
Looking at how the practice of smugglers evolved, the author believes that
change is needed. It is necessary to change the way in which customs and
border police are working to identify cases of smuggling, it is necessary to
change the way is understood the cooperation between bodies involved in
combating the phenomenon is understood, it is also necessary to modify the
methodology of investigating smuggling.
The author offers practical solutions to higher efficiency of professional ap-
proach. He proposes, in fact, a different approach, a reverse development of
a criminal investigation. Arguments supporting the findings provide a stable
foundation for the entire scientific construction.
5 - Ioan Liviu.indd 94 8.9.2011 13:36:34
NEW STRATEGIES IN SMUGGLING INVESTIGATION
95 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Ioan Liviu Tut
ORIGINALITY/VALUE:
The article can be considered as an original contribution to the development
of this field. In this study established concepts are taken and developed in
order to sustain the accuracy of the new method promoted.
KEYWORDS:
smuggling, criminal investigation, investigators, custom, custom papers
ABOUT THE AUTHOR:
Ioan Liviu Tut has a PhD in criminalistics from 2007, developed researches
in criminalistic methodology area, in the present is Rector of Romanian Po-
lice Academy from Bucharest.
5 - Ioan Liviu.indd 95 8.9.2011 13:36:34
5 - Ioan Liviu.indd 96 8.9.2011 13:36:34
PANEL 4: FORENSICS
1 - Sanja Podunavac.indd 97 8.9.2011 13:37:52
1 - Sanja Podunavac.indd 98 8.9.2011 13:37:52
99 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 4: FORENSICS
FORENSIC PROFILING OF ILLICIT DRUG USING CHEMOMETRIC
TECHNIQUES
AUTHORS:
Sanja Podunavac-Kuzmanovi, Marija Petrin, Vojkan Zori and Slobodan Gaduri
ABSTRACT
PURPOSE:
The purpose of the article is to promote and facilitate forensic profiling
and analysis of drug samples collected at several different locations in Ser-
bia, in order to determine their origin, methods of production and transfer
through the country. One of the most recent ways to use large amounts of
data collected during different chemical analysis of illicit drugs is the applica-
tion of the chemometric tools suitable for datamining and forensic profiling.
In this way, investigators can get insight of the drug production, drug traffick-
ing and even geographical origin of the sample.
DESIGN/METHODOLOGY/APPROACH:
The article is based on the gas chromatography (GC) analyses of thirty-eight
different samples of heroin from two locations in Serbia (border crossing Ba-
trovci and teritory of Novi Sad municipality). A quantitative structure prop-
erty relationship (QSPR) study has been carried out for training set of heroin
samples to correlate and predict geographic origin of seized heroin samples.
Multiple linear regression was used to generate the best prediction models.
FINDINGS:
Collected data were modeled by QSPR method and mathematical dependence
that can determine the geographical origin of heroin samples was obtained.
High values of the correlation coefficients indicate a well-chosen descriptors
and hence, the possibility of applying these model in practice. Predictive abil-
ity of defined mathematical model was tested by comparing and correlating
the experimetal and calculated values of acetyl thebaol and diacetyl mor-
phine peak ratio (TEB/DAM). Since the correlation was extremely good, our
1 - Sanja Podunavac.indd 99 8.9.2011 13:37:52
100 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
FORENSIC PROFILING OF ILLICIT DRUG USING CHEMOMETRIC TECHNIQUES Sanja Podunavac-Kuzmanovi ...
mathematical model can be used to predict geographic origin of seized heroin
samples using the GC results.
ORIGINALITY/VALUE:
The results of this work, for the first time in Serbia, indicate the possibility
of applying the chemometric techniques for a successful chemical profiling
of illicit drug.
KEYWORDS:
illicit drug, heroin, forensic profiling, QSPR technique
ABOUT THE AUTHORS:
Sanja Podunavac-Kuzmanovi, PhD in Chemistry obtained 1999, Faculty
of Science, University of Novi Sad, Serbia, Full professor at the Faculty of
Technology, at the Department of Applied and Engineering Chemistry, Uni-
versity of Novi Sad, Bulevar cara Lazara 1, 21000 Novi Sad, Serbia. E-mail:
sanya@uns.ac.rs, phone:+381/21/485-3693.
Marija Petrin, M.Sci. in Chemistry obtained 2010, Faculty of Science, Univer-
sity of Novi Sad, Serbia, Forensic Expert for Microtraces, National Criminalis-
tic & Technical Center, 21000 Novi Sad, Serbia. E-mail: miss.m.kiki@gmail.
com.
Vojkan Zori, PhD in Physics obtained 2009, Technical Faculty Mihajlo Pu-
pin Zrenjanin, University of Novi Sad, Serbia, Forensic Expert for Micro-
traces, National Criminalistic & Technical Center, 21000 Novi Sad, Serbia.
E-mail: vojkan.zoric@mup.gov.rs.
Slobodan Gaduri, PhD in Chemistry obtained 2006, Ecole Polytechnique,
Universite Aix-Marseille, Marseille, France, Assistant Professor at Faculty of
Sciences, University of Novi Sad, the author of more then 40 scientific pa-
pers, first created student course of Forensic Chemistry at University of Novi
Sad, awarded as the best young researcher at the University of Novi Sad,
currently head of two projects financed by the Ministry of Education and
Science of Serbia and Provincial Secretariat of Science of Vojvodina in the
field of Chemistry. Faculty of Science, University of Novi Sad, Trg Dositeja
Obradovia 3, 21000 Novi Sad, Serbia. E-mail: slobodan.gadzuric@dh.uns.
ac.rs, phone:+381/21/485-2744.
1 - Sanja Podunavac.indd 100 8.9.2011 13:37:53
101 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 4: FORENSICS
UTILIZATION OF THE CHARACTERISTICS OF THE THIRD LEVEL IN
THE PROCESS OF IDENTIFYING LATENT PRINTS WITH PARTICULAR
REFERENCE TO THE PORES, EDGE FEATURES AND PALMAR FLEXION
CREASES
AUTHOR:
Slobodan Oklevski
ABSTRACT

PURPOSE:
The purpose of this article is to supplement and explain the process of identi-
fying latent prints by setting objective standards that will ensure implementa-
tion of the of the third level detail. Another purpose is analysis of the spatial
positioning of the pores in the frames of the papillary line in respect of the
characteristics from the second level present around the pores, research of
the permanence and susceptibility to deflection and damage which prevents
their application in the process of identification.

DESIGN/METHODOLOGY/APPROACH:
This paper is based on empirical research on fingerprints whose time dis-
tance of taking is between 5 and 48 years. We use the method of dactiloscopy
analyses where the prints are analyzed and compared manually with applica-
tion of stereo microscope and zooming in to 50 times, method of scanning
with application of scanner HP Scan jet Photo Scanner 4370 with resolution
of 3600 dpi and method of measuring the diameter of the pores with applica-
tion of the program Corel DRAW in micrometers (m).

FINDINGS:
The results of the survey are really encouraging, because we can implement
a new standards in relation to utilization the characteristics of the third level
in the process of identifying latent prints. Some of findings are present in
continuous. The pores are constant during the life of the people which means
that they do not change their position and do not migrate across length or
2 - Slobodan Oklevski.indd 101 8.9.2011 13:38:02
102 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
UTILIZATION OF THE CHARACTERISTICS OF THE THIRD LEVEL IN THE PROCESS OF ... Slobodan Oklevski
laterally on the ridge of the papillary lines; new pores are not appearing dur-
ing the life of the people or once the pores are placed they keep their position
and the edge characteristics are also constant during the life of the people
but with less intensity because their three-dimensional microstructure is the
most liable to deformations at pressure on the surface and most liable to
mutilations where the process of revitalization of the epithel cells is approxi-
mately 28 days.
RESEARCH LIMITATIONS/IMPLICATIONS:
The purpose of this research is to encourage the fingerprint examiners to
begin with implementation of these features and to emphasize that a very
important part is visualization of latent prints.
PRACTICAL IMPLICATIONS:
This paper has a practical importance because have a direct influence on the
process of identification of latent prints.
In other words, every legal system with the proper training of its experts
should implement, 3
rd
level detail which will ensure greater objectivity during
the identification process.
ORIGINALITY/VALUE:
Although poroscopy and edgescopy are not a new science, In this paper for
the first time we analyze the persistence of the 3
rd
level detail on fingerprints
whose time distance of taking is between 5 and 48 years.

KEYWORDS:
fingerprints, latent prints, poroscopy, edgescopy, palmar flexion
ABOUT THE AUTHOR:
Slobodan Oklevski, Ph.D., assistant professor of criminalistics at the Fac-
ulty of Security - Skopje, University St.Kliment Ohridski and in the same
time fingerprint expert in Forensic laboratories in Ministry of Interior in Re-
public of Macedonia . My subjects of interest are crime scene investigation,
dactiloscopy, poroscopy, edgescopy, earsprints and cheiloscopy. Minstry of
Interior, Republic of Macedona, Dimce Mircev bb 1000 Skopje. E-mail: o_
slobodan@yahoo.com; Mob. +389 70 27 93 93.
2 - Slobodan Oklevski.indd 102 8.9.2011 13:38:02
103 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 4: FORENSICS
THE POTENTIAL FOR THE USE OF ELECTROSTATIC DUST PRINT LIFTER
FOR RECOVERY OF FOOTWEAR IMPRESSIONS AT CRIME SCENES
AUTHORS:
elimir Radmilovi, Mario Mikuli and Tatjana Kolar-Gregori
ABSTRACT
PURPOSE:
Although footwear impression evidence is one of the most commonly found
type of evidence and may be of great value in criminal investigation, it is
rarely recovered from crime scenes in the Republic of Croatia. Footwear im-
pression evidence is frequently the only evidence that can be found in some
recent forms of committing crimes, for example robberies, because nowa-
days perpetrators are mostly masked, wearing gloves, avoiding contact with
objects, but they are rarely aware, or make little or no attempt to conceal the
footwear. In the Republic of Croatia there is a large discrepancy between the
number of committed robberies and collected footwear impression evidence
from crime scenes.
The purpose of this study was to examine whether this was the result of the
real impossibility of processing such latent evidence with available tools, or
whether the reasons for not using available tools were subjective in nature.
DESIGN/METHODOLOGY/APPROACH:
With regard to the fact that dust impressions are the most expected evidence
to be found in many robbery crime scenes, we have conducted a series of
experiments of developing footwear impressions with Electrostatic Dust Print
Lifter (EDPL) from various substrates from hard nonporous to rough and
porous surfaces.
FINDINGS:
It was found that footwear impressions are suitable for comparison and sub-
sequent identification could be easily developed from most types of applied
surfaces.
3 - Zelimir Radmilovic.indd 103 8.9.2011 13:37:42
104 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
THE POTENTIAL FOR THE USE OF ELECTROSTATIC DUST PRINT LIFTER FOR ... elimir Radmilovi ...
By using EDPL, we recovered identifiable shoeprints left in the dust on vari-
ous flooring materials, as well as those made in places such as dusty walls
and doors, and on the furniture fabrics.
The study demonstrates that the possibility for footwear impression evidence
collection exists. It only needs to be searched, recovered, collected and pre-
served in a proper manner to be of value. The reason for neglecting this type
of evidence is due to the lack of training and education of crime scene inves-
tigators.
ORIGINALITY/VALUE:
The paper can at least improve the awareness of the value and the potential
of footwear evidence in the crime investigation and is a call for more efficient
use of available tools for processing evidence.
KEYWORDS:
footwear impression evidence, latent shoeprint evidence, Electrostatic Dust
Print Lifter, collection of evidence, recovery of evidence, developing of latent
prints, lifting prints
ABOUT THE AUTHORS:
elimir Radmilovi, univ. spec. crim., senior lecturer at the Police College,
Zagreb. Has more than fifteen years of experience in crime scene investiga-
tion. Has been teaching the techniques of crime scene investigation and is
an expert witness in the field of crime scene investigation. Police College,
Zagreb, Avenija Gojka uka 1, 10000 Zagreb, Croatia. Tel.: (+385 1) 2391
338, e-mail: zradmilovic@fkz.hr.
Mario Mikuli, bacc. crim.. Has over ten years of experience in crime scene
investigation. At presen works as an fingerprint expert at Forensic Science
Centre Ivan Vucetic and is involved in the training of crime scene investiga-
tors. Forensic Science Centre Ivan Vucetic, Ilica 335, 10000 Zagreb, Croatia.
Tel.: (+385 1) 3787 014, e-mail: mario_mikulic@mup.hr.
Tatjana Kolar-Gregori, MSc in Chemistry, senior lecturer at the Police Col-
lege, Zagreb. Has over nineteen years of experience in teaching and research
in the fields of the techniques of crime scene investigation, forensic sciences
and scientific examination of Questioned Documents and Handwriting. Police
College, Zagreb, Avenija Gojka uka 1, 10000 Zagreb, Croatia. Tel.: (+385 1)
2391 337, e-mail: tanja_kolar@yahoo.com.
3 - Zelimir Radmilovic.indd 104 8.9.2011 13:37:42
PANEL 5:
CRIMINAL INVESTIGATION
1 - Almuth Schutzel.indd 105 8.9.2011 13:38:48
1 - Almuth Schutzel.indd 106 8.9.2011 13:38:48
107 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 5: CRIMINAL INVESTIGATION
ELDERLY CRIME CRIMINAL INVESTIGATION PERSPECTIVES OF CRIMES
OF THE ELDERLY PATTERNS AND DEFENDING STRATEGIES
AUTHOR:
Almuth Schtzel
ABSTRACT
PURPOSE:
The presentation represents an extract from a Masters paper that the author
held in the field of criminology and police science at the Faculty of Law at the
Ruhr University in Bochum, Germany
DESIGN/METHODOLOGY/APPROACH:
During her studies, the author had ample opportunity to examine the causes
of criminal behaviour, during which the focus was on the older generation,
and this resulted in the choice of subject. In the process, it was recognised
that there is a substantial increase in criminal acts committed by the over-60s
(60+ group), which cannot be explained solely by the numerical increase in
this sector of the population.
After an introduction to the research on elderly crime, the discussion of crime
theories and their application to the phenomenon of elderly crime and the
discussion on determining the age limit, which is not presented here, the
paper examines a large number of statistical surveys on the development
of elderly crime in Germany and particularly in two German federal states
Brandenburg and Schleswig-Holstein
FINDINGS:
The number of suspected criminals grew by a factor of 3.5 between 1973
and 2003 in the 60+ group of suspected criminals, and only by a factor of 2.2
among suspected criminals overall. An analysis of the figures for the charg-
ing of suspects between 1973 and 2003 - the absolute size of the share of the
population is taken out here - shows an increase of 100% for the 60+ section
of this group and only an increase of 60% for the overall group, i.e. a dis-
1 - Almuth Schutzel.indd 107 8.9.2011 13:38:48
108 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
ELDERLY CRIME CRIMINAL INVESTIGATION PERSPECTIVES OF CRIMES OF THE ... Almuth Schtzel
proportionate increase for the 60+ section. There have also been significant
changes in the distribution within the crime areas over the last 30 years for
the 60+ group. These are shown both in levelling and diversification tenden-
cies. Between the genders, the differences in the crimes committed by the
60+ group continue to level out, whilst the 60+ group is constantly opening
up new areas of criminal activity. Crimes relating to fraud, libel and bodily
harm have thus clearly increased, whereas the crimes subsumed under sim-
ple theft have declined substantially. An analysis of the differentiated devel-
opment of crime in the federal states of Schleswig-Holstein and Brandenburg
shows substantial differences in places. Some causes for these differences
and changes are discussed in connection with social problems. The criminal
approach on how to defend those crimes cannot only relate to police, it has
to be a total societal approach.
PRACTICAL IMPLICATIONS:
A number of necessary and possible measures to combat criminal behaviour
in later life (elderly crime) and/or reduce the number of individuals who be-
come criminals in later life are proposed. For instance, the criminal statistics
should be drawn up based on uniform criteria across the states. From the
knowledge of the causes of elderly crime, proposed activities for the conduct
and/or approach of police officers in investigating crimes by the 60+ group
are derived. Police Investigators have to be trained how to deal and interact
with older people, this way getting their trust and participation in the crimi-
nal cases.
ORIGINALITY/VALUE:
The paper can document that around 80% of the increase in criminal behav-
iour among the elderly results from an increase in criminal behaviour in later
life. The increase in criminal behaviour in later life, in turn, is not only attrib-
utable to the strong increase in the 60+ group but is caused predominantly by
medical, psychological and social factors. Based on statistical data from the
federal states of Brandenburg and Schleswig-Holstein, it can be documented
that the differences in socialisation that have existed for more than 40 years
(East-West problem) have also triggered significant differences with regard
to the areas of crime.
KEYWORDS:
elderly crime, criminal behaviour in later life, criminal behaviour among the
elderly, diversification, levelling in areas of crime; investigations against in-
dividuals who become criminals in later life
1 - Almuth Schutzel.indd 108 8.9.2011 13:38:48
ELDERLY CRIME CRIMINAL INVESTIGATION PERSPECTIVES OF CRIMES OF THE ...
109 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Almuth Schtzel
ABOUT THE AUTHOR:
Almuth Schtzel, Master of Criminology and Police Science, Detective su-
perintendent Office of Criminal Investigation for the State of Brandenburg,
Federal Republic of Germany, Head of the Working Group International Rela-
tions of the German Association for Criminalistics. Contact details: email to:
almuth.schuetzel@gmx.net, dgfk_ib@kriminalistik.info, www.kriminalsitik.
info.
1 - Almuth Schutzel.indd 109 8.9.2011 13:38:48
110 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 5: CRIMINAL INVESTIGATION
INVESTIGATION OF CRIMINAL OFFENCES COMMITTED BY MEMBERS
OF THE SLOVENIAN ARMED FORCES SAF IN MILITARY OPERATIONS
ABROAD
AUTHORS:
Maj Fritz and Dragica Kotnik
ABSTRACT
PURPOSE:
The purpose of this article is to present dilemmas and potential difficulties
in investigating criminal offences that may be committed by SAF members
while performing duties in military operations abroad.
DESIGN/METHODOLOGY/APPROACH:
The article analyses the status of SAF members when performing duties
abroad, their criminal responsibility and who is competent for investigating
and prosecuting criminal offences committed by SAF members. The article
further establishes what difficulties can be encountered when investigating
criminal offences, and how to ensure a legal pre-trial criminal procedure in a
far-away and usually also chaotic and dangerous area.
FINDINGS:
It can be concluded that the status and criminal responsibility of SAF mem-
bers who perform duties abroad are appropriately defined and regulated.
There is also no doubt that jurisdiction over SAF members abroad is exercised
by the Republic of Slovenia, that is the domestic law enforcement authority.
It can also be determined that, due to remoteness of the crime scene from our
country, certain difficulties can be encountered during a pre-trial criminal
procedure, especially the ones related to responsiveness, that is the time of
arrival of investigators at the crime scene, which consequently negatively in-
fluences the collection of material and other evidence. Certain difficulties can
be experienced also when trying to ensure individual elements of a pre-trial
criminal procedure (such as the right to a lawyer at the crime scene).
2 - Maj Fritz.indd 110 8.9.2011 13:39:02
INVESTIGATION OF CRIMINAL OFFENCES COMMITED BY MEMBERS OF THE ...
111 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Maj Fritz, Dragica Kotnik
ORIGINALITY/VALUE:
This article is one of the first, if not even the very first article addressing this
topic in Slovenia. The article thus have both, theoretical and practical value
when trying to understand particularities of investigating criminal offences
committed in remote environment and, actually, in an emergency situation.
KEYWORDS:
international military operations, status of members of armed forces, crimi-
nal responsibility, jurisdiction, pre-trial criminal procedure
ABOUT THE AUTHORS:
Maj Fritz, M.A., doctoral student at Faculty of Criminal Justice and Secu-
rity, University of Maribor. He has written several articles on intelligence,
peace operations and private military companies. Contact information: maj.
fritz@telemach.net, +386 41 714 873.
Dragica Kotnik, Higher State Prosecutor, Head of Specialized Department,
Group of State Prosecutors for the Prosecution of Organized Crime, Office of
the State Prosecutor General of the Republic of Slovenia. Contact informa-
tion: dragica.kotnik@dt-rs.si, +386 51 684 432.
2 - Maj Fritz.indd 111 8.9.2011 13:39:02
112 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 5: CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION OF ENVIRONMENTAL CRIME IN SLOVENIA
WITH THE SUPPORT OF CRIME MAPPING
AUTHORS:
Katja Eman and Gorazd Meko
ABSTRACT
PURPOSE:
The global trends of emphasizing the importance of protecting the environ-
ment have also affected the work of the Slovene police. The police have a
very important role as well as some specific work in the detection and in-
vestigation of environmental crime. Therefore, it is very important to have
good knowledge of different methods of analysis of environmental criminal-
ity. A combination of police crime statistics and the Geographic Information
Systems (GIS) provides a quick crime mapping with very clear and practical
charts, enabling the development of better strategies and methods of detec-
tion, criminal investigation and crime prevention.
DESIGN/METHODOLOGY/APPROACH:
The crime analysis is very important for a successful response of the police,
whether it is reactive or proactive police work. Therefore, the objective of the
present research is to identify the forms of environmental crime occurring
on the territory of the Republic of Slovenia and to make a proposal for police
activities, based on the research findings. To the selection and analysis of all
cases of environmental crime in police statistics for 2008, 2009 and 2010, an
analysis of crime using GIS was also conducted.
FINDINGS:
The analysis of environmental crime in Slovenia showed that offenses of en-
vironmental degradation and destruction, especially water pollution due to
industrial releases, suspicious fires in waste landfills and manufacturing fa-
cilities, cruelty to animals and illegal hunting represented the biggest problem
3 - Katja Eman.indd 112 8.9.2011 13:39:18
CRIMINAL INVESTIGATION OF ENVIRONMENTAL CRIME IN SLOVENIA WITH THE ...
113 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Katja Eman, Gorazd Meko
in the past three years in Slovenia. Crime mapping has shown that specific
forms of environmental crime occur in certain areas, such as.: illegal dump-
ing of waste near the border, where most areas are covered with forests and
in caves and sinkholes; warnings or fire at the landfill and some manufactur-
ing plant on the outskirts of major cities; neglect and cruelty to animals; pets
in the cities and livestock in the rural areas, and illegal hunting, etc.
RESEARCH LIMITATIONS/IMPLICATIONS:
Due to the normally present shortcomings of the entered coordinates of de-
tected acts of environmental crime around 5 percent of all detected cases
could not be entered into the charts. Although these cases were not recorded
on the maps, all examples of environmental crime were included in the analy-
sis of the forms of crime on the territory of the Republic of Slovenia. Further-
more, the results were included in the preparation of proposals for further
police work.
PRACTICAL IMPLICATIONS:
The results in the form of crime maps are a very good starting point for fur-
ther planning of police officers, as it was clear that the sites of specific forms
of environmental crime are recurring, suggesting the possibility of the same
perpetrator. With the increased control of environmental crime hot spots, the
police would be more successful in the criminal investigation of environmen-
tal crime. Furthermore, it would be able to discover potential perpetrators
and prevent the environmental crime.
ORIGINALITY/VALUE:
Crime mapping of environmental crime in Slovenia has not yet been done.
The research findings and presents conclusions of the paper are aimed di-
rectly to responsible officers in the police. They are one of the relevant law
enforcement authorities, who have had to adapt to the new phenomena and
forms of crimes against the environment in the last decade. The findings un-
doubtedly have a positive impact on the successful work of the police in deal-
ing with deviations against the environment.
KEYWORDS:
environmental crime, crime hot spots, crime mapping, GIS, criminal investi-
gation, police, Slovenia
3 - Katja Eman.indd 113 8.9.2011 13:39:18
114 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL INVESTIGATION OF ENVIRONMENTAL CRIME IN SLOVENIA WITH THE ... Katja Eman, Gorazd Meko
ABOUT THE AUTHORS:
Katja Eman, MA, Junior Researcher, Teaching Assistant and PhD student at
the Faculty of Criminal Justice and Security, University of Maribor, Ljubljana,
Slovenia. She became junior researcher in the field of criminology and is cur-
rently conducting a PhD research in the field of green criminology, entitled
Crimes against the Environment Comparative Criminological and Criminal
Justice Perspectives. Her research fields of interest are green criminology, en-
vironmental crime, environmental justice and organised crime. E-mail: katja.
eman@fvv.uni-mb.si.
Gorazd Meko, PhD, is Professor of Criminology and Dean of the Faculty of
Criminal Justice and Security, University of Maribor, Slovenia. Currently, he
is heading a national basic research project entitled Crimes against the en-
vironment (20092012). Gorazd Meko is a member of the scientific board
of the International PhD in Criminology at the Catholic University in Milan,
Italy. He also serves as the editor in chief of the Journal of Criminal Inves-
tigation and Criminology (orig. Revija za kriminalistiko in kriminologijo).
His research fields are crime prevention and provision of safety/security,
policing, fear of crime, and crimes against the environment. E-mail: gorazd.
mesko@fvv.uni-mb.si.
3 - Katja Eman.indd 114 8.9.2011 13:39:18
115 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 5: CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION OF ART CRIME IN SLOVENIA
AUTHORS:
Botjan Slak, Bojan Dobovek and Renata Samardi
ABSTRACT
PURPOSE:
The aim of the article is to present some aspects of criminal investigation of
art and historical heritage related crimes. Furthermore, we will analyse opin-
ions of Slovenian investigators, especially how the art crime is connected to
other crimes in Slovenia and to represent the current magnitude of art crime
in Slovenia.
DESIGN/METHODOLOGY/APPROACH:
A web based survey was conducted. Sample considered of Slovenian criminal
investigators. Gathered opinions were statistically analysed using SPSS. A re-
view of literature was the basis for in survey used questioner.
FINDINGS:
Literature on criminal investigation on art crime is rare alone. Even though
rare in numbers, art crime is big in material damage.
Slovenian investigators rarely come across art artefacts. Even connection
with other types of crimes is rare. Our survey showed that art related cases
are not very desirable. Investigators dont agree that they have enough
knowledge about art related crime. Cooperation with other instructions (IN-
TERPOL) they evaluate as good.
RESEARCH LIMITATIONS/IMPLICATIONS:
Sample limitations number of responses, rural vs. urban representatives of
sample. Investigators working on art crime are not very keen on participating
in such studies and after use of network of criminal investigators we got 91
responses, however 57 of them could only be used for final analyses.
4 - Bostjan Slak.indd 115 8.9.2011 14:44:14
116 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL INVESTIGATION OF ART CRIME IN SLOVENIA Botjan Slak, Bojan Dobovek, Renata Samardi
PRACTICAL IMPLICATIONS:
Results showed that there should be some more dedication devoted to educa-
tion of investigators about art crime, furthermore such education for pros-
ecutors and judges should also be present. Cooperation of investigators and
prosecutors was also exposed as a problematic factor when investigating art
crime.
ORIGINALITY/VALUE:
There wasnt any similar study done in Slovenia and as we could find, either
abroad. Findings are useful to those who develop strategies of art related
crimes investigations and for further academic research.
KEYWORDS:
art crime, cultural heritage, criminal investigation, investigation problems
ABOUT THE AUTHORS:
Botjan Slak, Faculty of Criminal Justice and Security, University of Maribor,
Slovenia. E-mail: bostjan.slak@gmail.com.
Bojan Dobovek, Associate Professor and Vice-Dean of the Faculty of Crimi-
nal Justice and Security, University of Maribor, Slovenia. E-mail: bojan.
dobovsek@fvv.uni-mb.si.
Renata Samardi, Art historian; Academy of Criminalistic and Police Stud-
ies, Belgrade; E-mail: renataart@yahoo.com.
4 - Bostjan Slak.indd 116 8.9.2011 14:44:14
117 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 5: CRIMINAL INVESTIGATION
COMPARING CRIMINAL INVESTIGATIVE SYSTEMS FOR ART CRIME
CASES
AUTHOR:
Noah Charney
ABSTRACT
PURPOSE:
There are few dedicated art police in the world today, but the number of na-
tions responding to the real and proven threat of art crime, which the US De-
partment of Justice notes is the third-highest grossing criminal trade world-
wide behind only drugs and arms and is perpetrated primarily by organized
crime groups, has seen the establishment in recent years of new art squads,
notably in Canada and the Netherlands. This paper will examine the evo-
lution of how art crimes were investigated, including the establishment of
the Carabinieri Division for the Protection of Cultural Heritage in 1969, the
first dedicated art squad, and the great success of Scotland Yards Arts and
Antiques Unit, which in the past few years has reduced museum theft in Lon-
don by 60% and recovered 80% of all objects stolen. We will discuss why art
crime has not been a focal point for police and what investigative systems
have worked best, in order to suggest improvements to implement in the
future.
DESIGN/METHODOLOGY/APPROACH:
This paper is based on many hours of interviews with art police from various
countries (Italy, the Netherlands, the United States, Canada, England, Spain,
Belgium) to learn the often-haphazard organizational principles of their art
investigations, which rarely garner sufficient support from their own admin-
istrations due to an incomplete understanding of the severity of art crime in
general. Based on historical and recent successes, this paper will suggest offi-
cial policies that would improve both investigative success and help promote
the academic study of art crime.
5 - Noah Charney.indd 117 8.9.2011 14:28:04
118 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
COMPARING CRIMINAL INVESTIGATIVE SYSTEMS FOR ART CRIME CASES Noah Charney
FINDINGS:
While few countries have any dedicated art police, the tremendous success of
Italys Carabinieri and Scotland Yards Art Squad, with far better recovery and
prosecution rates than any other countries, provide the best model for other
national police squads to emulate.
RESEARCH LIMITATIONS/IMPLICATIONS:
This paper will look in particular at the Carabinieri Division for the Protection
of Cultural Heritage and Scotland Yards Arts and Antiques Unit as exemplars
of the best of modern art police, using their investigative techniques as a point
of departure for suggesting methods for other police departments to emulate.
PRACTICAL IMPLICATIONS:
After decades during which most of the worlds police departments all but
ignored art crime as a serious crime to investigate, recent years have seen the
establishment of new art squads, notably in Canada and the Netherlands.
This paper will examine how past art squads have been successful, and in
doing so offer practical suggestions to maximize the potential positive impact
for new and future such squads.
ORIGINALITY/VALUE:
Art crime has not been a focal point for police, and has rarely been addressed
by scholars. This paper, and the research of the author and those affiliated
with the research group he runs, make a significant positive impact in the
field, by analyzing past crimes to prepare for the future. This paper will ana-
lyze which investigative systems have worked best, in order to suggest im-
provements to implement in the future.
KEYWORDS:
art crime, art police, investigating art crimes, art theft
ABOUT THE AUTHORS:
Noah Charney is a professor of art history at American University of Rome.
He is the founder of ARCA, a non-profit research group on art crime. His
work on art crime has been praised in such forums as The New York Times
and the BBC. He is the editor of Art & Crime: Exploring the Dark Side of the
Art World (Praeger 2009) and is working on a chapter on art crime for an
edited volume to be published by Springer in 2012, and a complete history of
art crime, to be published by Princeton University Press. ARCA, Association
for Research into Crimes against Art nlcharney@gmail.com, +39 3349946071,
www.artcrime.info.
5 - Noah Charney.indd 118 8.9.2011 14:28:04
PANEL 6:
INVESTIGATIVE PSYCHOLOGY
1 - Csaba Fenyvesi.indd 119 8.9.2011 13:40:30
1 - Csaba Fenyvesi.indd 120 8.9.2011 13:40:30
121 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 6: INVESTIGATIVE PSYCHOLOGY
CONFRONTATION, AS SPECIAL INTERROGATION TECHNIQUE FROM
CRIMINALISTIC ASPECT
AUTHOR:
Csaba Fenyvesi
ABSTRACT
PURPOSE:
The purpose of the study is to make a correct criminal procedural definition
of confrontation and to analyse it as a special interrogation-criminal tactical
instrument. Above all the author shows the further possibilities/chances of
enhancing/powerfulness of confrontations tactics.
DESIGN/METHODOLOGY/APPROACH:
The confrontation as truth-seeking method is examined from aspect of - the-
ory known as - the seven key (criminalistic) questions, namely: what (is it?)
where, when, how, who, with whom, and lastly why (can be used?).
FINDINGS:
The following belongs to the novelties regarding the recommendations of the
tactics related to criminalistics:
establishing a separate room for confrontation,
omission of starting question(s) related to finding relations in the pro-
cess of carrying out confrontation,
omission of recording meta-communicational and physiognomical signs,
in case of unsuccessful confrontation a report is advised to be prepared
instead of making records,
the following idea should be borne in mind: a planned and thorough prep-
aration and an intensive and focused carrying out related to confrontation
is sure to result in a better outcome. Therefore the faults of the tactics of
confrontation that are likely to be committed and the ones that have been
widely told about in details can be avoided with greater chance.
1 - Csaba Fenyvesi.indd 121 8.9.2011 13:40:30
122 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CONFRONTATION, AS SPECIAL INTERROGATION TECHNIQUE FROM CRIMINALISTIC ASPECT Csaba Fenyvesi
ORIGINALITY/VALUE:
This is the first study in the Hungarian professional literature which analyses
in detail the confrontation as truth-seeking method from criminalistics aspect
and gives recommendations for the practical investigators.
KEYWORDS:
confrontation, criminalistics, failures, interrogation, preparation-execution-
evaluation
ABOUT THE AUTHOR:
Csaba Fenyvesi, dr. univ.ec., Ph.D., Dr. habil. associate professor at Criminal
Procedure Law and Forensic Science Department of Faculty of Law University
of Pcs; writer of 3 monographs, 3 textbooks, and appr. 200 studies, includes
80 in 11 different foreign languages, published in 12 countries address: 48-as
tr 1. 7622 Pcs, Hungary. E-mail: fenyvesi@ajk.pte.hu.
1 - Csaba Fenyvesi.indd 122 8.9.2011 13:40:30
123 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 6: INVESTIGATIVE PSYCHOLOGY
DIFFERENCES AMONG FEMALES AND MALES IN PERSONAL
DESCRIPTIONS OF CULPRITS
AUTHOR:
Igor Areh
ABSTRACT
PURPOSE:
Past research, conducted mainly in the form of analogue studies, shows that
there are gender differences in eyewitness memory recall. Our aim was to
establish the quality and the effect size of these differences in the research
design with higher external validity.
DESIGN/METHODOLOGY/APPROACH:
The study was conducted with a help of 97 undergraduate students of Faculty
of Criminal Justice and Security, who watched videotaped recording about
violent robbery which was presented as a true event. A week later memory
recall was checked and evaluated by structured interview.
FINDINGS:
There are no significant gender differences, but the presence of own-gender
bias was established. Men gave more accurate personal descriptors of a male
culprit and contrary, females gave more accurate descriptions of female vic-
tim.
RESEARCH LIMITATIONS/IMPLICATIONS:
This is an analogue study which tries to simulate a real life circumstances,
therefore results are an approximation of results which could be gathered if a
real crime would be analyzed.
PRACTICAL IMPLICATIONS:
When investigation interview is conducted it is important that investigator
knows what to expect from eyewitness. Nonrealistic expectations could con-
2 - Igor Areh.indd 123 8.9.2011 13:40:45
124 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
DIFFERENCES AMONG FEMALES AND MALES IN PERSONAL DESCRIPTION OF CULPRITS Igor Areh
tribute to eyewitness report with low validity. If interviewer is aware what to
expect from male or female eyewitness, he or she can gather useful and more
reliable information.
ORIGINALITY/VALUE:
The study gives inside in gender differences in the context of eyewitness
memory recall, therefore findings could be useful in criminal investigation.
KEYWORDS:
eyewitness testimony, gender, personal descriptors, accuracy
ABOUT THE AUTHOR:
Igor Areh has a Ph.D. in Psychology and he is Assistant Professor in Forensic
Psychology. His scientific research is focused on eyewitness testimony.
2 - Igor Areh.indd 124 8.9.2011 13:40:45
125 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 6: INVESTIGATIVE PSYCHOLOGY
MISTAKEN EYEWITNESS IDENTIFICATION IN LINEUP
AUTHOR:
eljko Karas
ABSTRACT
PURPOSE:
The aim of this research is to show main features of investigation that discov-
ered mistaken eyewitness identification. Research depicts structure of inves-
tigative process and it is not dealing with factors that influence accuracy or
confidence. The purpose of the research is to get general insight into charac-
teristic of discovering identification mistakes.
DESIGN/METHODOLOGY/APPROACH:
The research is based on a quantitative analysis of files in which police dis-
covered that during simultaneous lineup witness had misidentified a perpe-
trator. Ten files from police units in Croatia (2000-2010) were studied closely
for the purpose of this paper.
FINDINGS:
The analysis showed that in all cases there was one witness who performed
identification. All perpetrators were acting without accomplices. Most of the
cases were robberies (7 cases), followed by rapes (2 cases) and a fraud. Con-
sidering the crime scene, most of crimes occurred indoors (7 cases), mostly
in grocery shops. Half of the crimes were committed between 6 PM and 9 PM.
Two perpetrators wore hood, one was using motorcycle helmet, one perpe-
trator was wearing a cap and a scarf, one was wearing a cap, sunglasses and
a beard, while others were without any disguise.
False suspects who are not illegal immigrants (2 were foreign citizens) were
earlier prosecuted for committing similar crimes. All of them were reported
for crimes or misdemeanors after false identification too. Time to discover
false suspects was up to six days in 3 cases, and in the equal number of cases
between 10 and 25 days. From available files it was impossible to distinguish
method that guided investigators to the particular false suspects.
3 - eljko Karas.indd 125 8.9.2011 13:41:10
126 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
MISTAKEN EYEWITNESS IDENTIFICATION IN LINEUP eljko Karas
All of true suspects had history of earlier crime reports too. One of them
was caught in flagranti by different police unit during similar crime only a
day after witness misidentification. In 2 cases true suspect was discovered by
different police unit during other crime investigation. Three suspects were
revealed using DNA evidence collected from the crime scene. In 3 cases, true
suspect was discovered 1 or 2 months after police reported false person; in 3
cases suspect was discovered after 3 or 4 months, while other were discov-
ered in period ranging up to 9 months. Difference in age between false and
true suspect were in most cases smaller than 3 years.
ORIGINALITY/VALUE:
This research has implications on legal safeguards and minimal standards
that had to be considered to avoid negative consequences. In Croatia, there
are no legal safeguards on suggestive influence of showing photographs, for
arranging lineup order, or limiting simultaneous identification in favour of
sequential. Legal rights are given to the witness who is conducting identifica-
tion, but not to the suspect who is the object of identification.
RESEARCH LIMITATIONS/IMPLICATIONS:
Findings from the paper shows situation in particular country but the same
problem could be present in many law systems in the region of South-Eastern
Europe because of similar legal regulation and investigative tradition.
KEYWORDS:
misidentification, lineup, police
ABOUT THE AUTHOR:
eljko Karas, Ph.D., Head Deputy, Police College, Croatia; Address: Police
College, Av. G. uka 1, HR-10000 Zagreb, Croatia, Contact: Phone +385
12426 304; Fax: +385 12426 415; e-mail: zkaras@fkz.hr.
3 - eljko Karas.indd 126 8.9.2011 13:41:10
127 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 6: INVESTIGATIVE PSYCHOLOGY
CRIMINAL AND PSYCHOLOGICAL ASPECTS OF POLICE INTERVIEW AND
INTERROGATION APPROACHES
AUTHOR:
Jasmina Krteni
ABSTRACT
PURPOSE:
The purpose of this article is to present the actual use of different criminal
and psychological approaches which occur during the police interview and
interrogation in pre-criminal procedure according to the Criminal Procedure
Code of Republic of Serbia and foreign law experience. This part of discover-
ing the evidence and treating suspects, victims and witnesses is crucial for
further criminal procedure and reaching the verdict. The first contact be-
tween police officers on one side and potential suspects, victims and wit-
nesses on the other side, could be a serious obstacle which could have an
influence on power of evidence. Material evidence is preferable, but the situ-
ations without possibility of collecting material evidence are numerous and
police professionals are aware of this problem which represents a real chal-
lenge for experienced police officers. The right use of psychological methods
combined with appropriate knowledge of different interrogation techniques
is based upon compound and comprehensive police education and skills of
each police professional. The right approach to interviewed person is basic
element of each criminal case. Person who interviews or interrogates has to
be capable of finding the truth without pressure, violent behavior or lying in
order to provoke an interviewed person. An interview takes place right after
the crime is committed, memories are colorful and picturesque and ready to
be pronounced.
DESIGN/METHODOLOGY/APPROACH:
This article is based on legal solutions according to the Criminal Procedure
Code of Republic of Serbia, reminding on basic subjects connecting with topic
which has been presented: suspect, victim and witness, the police interview
and interrogation, procedure of interviewing according to the Criminal Pro-
4 - Jasmina Krstenic.indd 127 8.9.2011 14:46:52
128 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL AND PSYCHOLOGICAL ASPECTS OF POLICE INTERVIEW AND INTERROGATION ... Jasmina Krteni
cedure Code of Republic of Serbia, the Reid technique, some foreign experi-
ences and practical researches. We used descriptive and comparative method
to describe and explain necessary subjects, techniques and approaches.
FINDINGS:
The criminal and psychological aspects of police interview and police inter-
rogation are complex and process of making a good police officer who will be
capable to cope with modern types of criminal acts is very demanding. The
times when finding the truth no matter how and how much it will cost has
been the only way of doing a police job are a long behind us. The modern
criminal diversity demands a modern police officer who will find important
facts and evidence just from interview with suspect, victim or witness. A po-
lice officer must be a patient listener, skillful and able to write down each
segment of suspects statement. Wrong interpretation can harm suspect, but
also can bring troubles to person who wants only to tell the truth from his
or her point of view. Reality could be interpreted in different ways, but the
aim of police professional work is to reach the credible version. One of the
aims is to remind of the Serbian legal system practice and learn from foreign
experiances and practices. The most important and most difficult aim is to
accomplish the balance between knowledge of the police investigator and
skills of a qualified listener.

ORIGINALITY/VALUE:
This article intends to be educative, interesting and worth of reading to the
professional public because of its reminding on familiar subjects, legal so-
lutions and some practical researches and statistics data concerning police
interview and police interrogation from criminal and psychological aspect.

KEYWORDS:
police officer, interview, interrogation, truth
ABOUT THE AUTHOR:
Jasmina Krteni, LLB, Public Prosecutors Deputy, The Second Public Pros-
ecutors Office in Belgrade, Serbia; Public Prosecutors Deputy, The Munici-
pal Public Prosecutors Office in Lazarevac (2003-2010); PhD student, Faculty
of Law, University of Kragujevac, Serbia. The Second Public Prosecutors Of-
fice in Belgrade, Savska 17a; e-mail: happy.end.74@hotmail.com.
4 - Jasmina Krstenic.indd 128 8.9.2011 14:46:52
129 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 6: INVESTIGATIVE PSYCHOLOGY
ABOUT THE NECESSITY TO LEARN THE SIMULATED BEHAVIOR
AUTHORS:
Gabriel Ion Olteanu and Emilian Dobrescu
ABSTRACT
PURPOSE:
The aim of this paper is to present supporting arguments for promoting a new
issue in investigators` training curricula, which to develop for them the com-
petence to adopt the most appropriate behavior in relationship with persons
implicated in illegal activities they investigate. It is accepted that the investi-
gators have different kind of personal problems, they confront with different
types of moods and situations which can affect their professional activity.
In the most of their judicial activity, the investigators must have credibility,
to persuade the people around about the truthfulness of those he/she feels
or says. To adapt the investigators behavior to each judicial activity it is not
simple, and that is why the author promotes the idea that it is necessary to
study the way in which an investigator may became more credible, as a guar-
anty for the criminal investigations success.
DESIGN/METHODOLOGY/APPROACH:
The authors develop important considerations based on their own experience
and some opinions published in the special doctrine. After they researched
for many years the investigated persons` behavior, the way they lie, they
have got to a conclusion the investigators need to know how to lie, to hide
their weaknesses, complaints or personal passions.
FINDINGS:
An investigators work is very complex. It requires a special level of concen-
tration and emotional involvement and it is based on the persons capacity
to continuously adapt to the way the investigated persons behavior evolves.
To do this, the investigator must have the capacity to dissimulate his/her
personal inputs and passions, which once exteriorized might affect the cred-
ibility.
5 - Gabriel Ion.indd 129 8.9.2011 13:41:38
130 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
ABOUT THE NECESSITY TO LEARN THE STIMULATED BEHAVIOUR Gabriel Ion Olteanu, Emilian Dobrescu
It is necessary for the investigator to have knowledge to allow him/her to
have the most appropriate posture or gestures considering the current activ-
ity it is necessary for the investigator to be able to lie, and to do this it is not
enough to have their own experience or to get some clichs from the more
experienced.
ORIGINALITY/VALUE:
The opinion expressed in this paper represents a novelty in the European
specialized doctrine. It occurs most often reluctant to make clarifications on
the conduct of an investigator - what to do, how to say or how to be it is only
said that he or she must be a professional.
KEYWORDS:
criminal investigaton, investigator, simulated behavior
ABOUT THE AUTHORS:
Gabriel Ion Olteanu has a PhD in law form 2004, published 5 books in his
specialty, has leaded 3 scientific research programs, develops a carrier in
criminalistic field, and is an assistant professor in Criminalistics Department
from Police Faculty in Police Academy, Bucharest, Romania. E-mail: gabriel.
olteanu@academiadepolitie.ro.
Emilian M. Dobrescu, professor, scientific secretary of the department of
economics, law and sociology, Romanian Academy, Calea Victoriei 125, Bu-
charest, sect 1, Tel/Fax: 004 021 212 8648, Mobile: 004 0744 6334 83, e-mail:
dobrescu@acad.ro.
5 - Gabriel Ion.indd 130 8.9.2011 13:41:38
131 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 6: INVESTIGATIVE PSYCHOLOGY
LONGTERM CONSEQUENCES OF PROVIDING PERPETRATORS
DESCRIPTION ON SUBSEQUENT LINEUP PERFORMANCE
AUTHOR:
Joanna Kabziska
ABSTRACT
PURPOSE:
Perpetrators descriptions are routinely provided by witnesses during crimi-
nal interrogation. They serve as cues for locating suspects, or as a basis for fa-
cial composite construction, although they are considered to be fragmentary
and indistinct. Surprisingly, psychological research suggest that recalling cul-
prits appearance negatively influences the ability to subsequently recognize
the described face a phenomenon called verbal overshadowing effect (VOE,
Schooler & Engstler-Schooler, 1990). Its occurrence has been confirmed in
numerous experiments, but its duration remains unclear. Questions concern-
ing long-term consequences of providing culprits description need to be an-
swered, if VOE is to be considered by investigative bodies when scheduling
actions involving eyewitnesses.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a review of literature and empirical research. In two
experiments, participants watched a film depicting a robbery and then, de-
pending on the group: 1) did not describe a perpetrators appearance or 2)
provided a description. In both experiments, two weeks time interval between
providing perpetrators description and recognition attempt from among
6 photographs, was introduced. In the first experiment (N=50) all lineups
where target present, in the second one (N=80) half of the parades in each
group contained the photograph of the actual perpetrator.
FINDINGS:
In forensically relevant conditions, verbal overshadowing seams no longer
a threat to lineup performance, at least when manifested by an increase in
misidentifications rate. Nevertheless some of the conducted research suggest
that providing description after two weeks results in enhanced reluctance
6 - Joanna Kabzinska.indd 131 8.9.2011 13:40:07
132 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
LONG TERM CONCEQUENCES OF PROVIDING PERPETRATORS DESCRIPTION ON SUBSEQUENT Joanna Kabziska
to identify anyone in the lineup. This finding supports the hypothesis, that
verbalizing culprits appearance leads to more rigorous criterion for identifi-
cation decision in witnesses, and hence to an assumption of the absence of a
perpetrator in a parade, rather than an identification attempt from among the
participants in the lineup (Clare & Lewandowsky, 2004).
RESEARCH IMPLICATIONS:
As facial composite construction involves recalling perpetrators appearance,
future research should concentrate on its influence on subsequent lineup per-
formance. Constructing a facial composite requires more detailed and com-
prehensive recall of offenders face, thus findings concerning perpetrators
description may not necessarily apply to facial composites.
PRACTICAL IMPLICATIONS:
Presented research demonstrate that only the knowledge of long-term effects of
verbalization, though somewhat ambiguous, allows the assessment of the risk
that VOE carries for investigative practice. Findings suggesting that verbalizing
perpetrators face lead to an assumption of his absence in the lineup may have a
positive aspect protects innocent persons from being identified as a culprit.
ORIGINALITY/VALUE:
Short time intervals between recall and recognition in most experiments concern-
ing verbal overshadowing effect, force us to be careful when generalizing from
the obtained results to the reality of the administration of justice. Research up till
now on the influence of former recall on future recognition has not allowed any
recommendations to be formulated for prosecuting bodies on its basis, because
of a lack of investigative realism in the used experimental procedures.
KEYWORDS:
perpetrator description, eyewitness identification, verbal overshadowing ef-
fect
ABOUT THE AUTHOR:
Joanna Kabziska has received M.A. degrees in law and psychology at Ja-
giellonian University in Krakow, Poland. Currently she is a PhD student at
the Faculty of Law and Administration at Jagiellonian University, prepar-
ing doctoral thesis at the Chair of Criminalistics and Public Safety. Address:
Chair of Criminalistics and Public Safety, Faculty of Law and Administration,
Jagiellonian University, Olszewskiego 2, 31-007 Krakow, Poland. E-mail:
jkabzinska@gmail.com, telephone number: +48 505047540.
6 - Joanna Kabzinska.indd 132 8.9.2011 13:40:07
PANEL 7:
CRIMINAL INVESTIGATION
1 - Anton Dvorek.indd 133 8.9.2011 13:42:36
1 - Anton Dvorek.indd 134 8.9.2011 13:42:36
135 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 7: CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION BETWEEN CRIMINAL INTELLIGENCE AND
KRIMINALSTRATEGIE SLOVENIAN CASE
AUTHORS:
Anton Dvorek and Danijela Frange
ABSTRACT
PURPOSE:
The purpose of this research was to analyse how some of the new approaches
in criminal investigation are reflected in the theory and practice of criminal
investigation in Slovenia.
DESIGN/METHODOLOGY/APPROACH:
By means of a qualitative descriptive analysis of the relevant Anglo-American
and German legislature , the authors found some new approaches to criminal
investigation, and are now looking into their effect on the theoretical and
practical level in Slovenia.
FINDINGS:
In the 1990s two innovative approaches to criminal investigation developed
almost simultaneously in Europe. England linked the experiences from Intel-
ligence, strategic planning and crime analysis into Criminal Intelligence. The
new approach got the much needed impetus when it became the most impor-
tant element of a new model of policing intelligence - led policing. EUROPOL
latter created European criminal intelligence model which implemented
knowledge from intelligence- led policing. Approximately at the same time
the Germans developed a new concept called Kriminalstrategie which is
based on experiences from past investigations of terrorism in their region and
knowledge from concepts of military strategy. Although the new concept was
incorporated into an existing system of criminal investigation, it soon became
apparent that it is growing over it and also that it is closely related to police
management. Both concepts developed due to quantitative and qualitative
changes of crime and although the resources were limited these changes re-
quired innovative approaches to investigating and greater emphasis on pro-
active measures. The German concept, on one hand, is in a way connected
1 - Anton Dvorek.indd 135 8.9.2011 13:42:36
136 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CRIMINAL INVESTIGATION BETWEEN CRIMINAL INTELLIGENCE AND ... Anton Dvorek, Danijela Frange
with crime politics, which makes it an appropriate tool for strategic criminal
investigation management; on the other hand the English concept gives more
emphasis to the role of analysts which makes it seem more inclined to opera-
tional and tactical level of criminal investigation.
Slovenia, as a Central European country, tried to take the most useful insights
of both approaches and introduce them into undergraduate and postgraduate
education at the Faculty of Criminal Justice and Security. The first strategic
document on further development of the police criminal investigation was
based on a model of Kriminalstrategie, but after EUROPOL took the concept
of criminal intelligence, or to be exact intelligence-led policing, Slovenian
(Criminal) police is trying, trough the reorganization of the police, to provide
necessary conditions for the implementation of the National Criminal Intelli-
gence model as a subsystem model to European Criminal Intelligence Model.
In addition to the education, also the pressure (and support) from EUROPOL
can contribute to faster implementation of the new ideas.
REASEARCH LIMITATIONS/IMPLICATIONS:
Research findings are limited to Slovenia.
PRACTICAL IMPLICATIONS:
Results are useful for theorists and practitioners of criminal investigation
planning in the Central Europe.
ORIGINALITY/VALUE:
The research is the first of its kind in Slovenia (and other Central European
countries.)
KEYWORDS:
criminalistics, criminal investigation, criminal intelligence, Kriminalstrat-
egie, Slovenian criminal police
ABOUT THE AUTHORS:
Anton Dvorek, Ph.D., Associate Professor at the Faculty of Criminal Justice
and Security, University of Maribor, Slovenia, former director of the Criminal
Police Directorate. His research and teaching subjects are criminal investigation
and strategy of criminal investigation. Contact: anton.dvorsek@fvv.uni-mb.si.
Danijela Frange, MA, Assistant Lecturer in Criminal Investigation at the
Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Her
research is focused on criminal investigation and violence against children.
Contact: danijela.frangez@fvv.uni-mb.si.
1 - Anton Dvorek.indd 136 8.9.2011 13:42:37
137 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 7: CRIMINAL INVESTIGATION
IMPLEMENTATION OF CRIMINAL INTELLIGENCE IN SLOVENIA LEGAL
DILEMMAS AND POSSIBLE SOLUTIONS
AUTHOR:
Mojca Rep
ABSTRACT
PURPOSE:
Law enforcement agencies are facing many barriers when investigating seri-
ous forms of crime. Slovenia has with the Resolution on the National Security
Strategy undertaken to implement and establish criminal intelligence activity
as one of the effective measures in order to prevent, restrict and investigate
more complex (transnational) criminal offences. To achieve the desired aim
some changes needs to be done on several areas, including legislation, which
will allow legally acceptable activity at all stages of (pre) investigation phase.
On that way the gathered information and later on evidence, are legally per-
missible and usefull for prosecution to the fullest extent of the law.
DESIGN/METHODOLOGY/APPROACH:
Relevant foreign legislation were reviewed in order to determine how men-
tioned model is legally regulated elsewhere, especially at first stage gather-
ing information. Findings were compared with current Slovenian legislation
trying to answer the question whether it is possible to implement criminal
intelligence activity in Slovenia in its full extent.
FINDINGS:
Gathering information, as one of the important elements for implementation
of criminal intelligence, is allready regulated in current Slovenian legislation.
Nevertheless, it raises doubts regarding adequacy of performance, particu-
larly in the pre - investigation phase. However, the legislation provides a good
starting point. At the same time, taking into account the opinion of the Con-
stitutional Court, the source of information (as a key factor for realization of
criminal intelligence) is properly protected in case of potential criminal pro-
ceedings. Forthcoming legislation may offer some additional solutions for the
2 - Mojca Rep.indd 137 8.9.2011 13:42:50
138 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
IMPLEMENTATION OF CRIMINAL INTELLIGENCE IN SLOVENIA LEGAL DILEMMAS ... Mojca Rep
implementation of criminal intelligence model. Slovenian draft of Criminal
Procedure Act re - defines the role of the public prosecutor and (for now still)
investigative judge and their responsibilities during the investigation which
will allow additional judicial control on critical (according to some) aspects
of pre - investigation phase.
RESEARCH LIMITATIONS/IMPLICATIONS:
The article refers only to possible solutions regarding Acts and other regu-
lations in the field of criminal legislation for possible further criminal pro-
ceedings. Proper implementation of criminal intelligence requires necessary
amendments of legislation in other areas as well.
ORIGINALITY/VALUE:
Proposed changes may reduce concerns about the implementation of the
criminal intelligence. On one hand constantly changing criminal environ-
ment calls for new investigation approach. On the other hand it is necessary
that criminal intelligence should base on appropriate legislation taking into
account all legal principles.
KEYWORDS:
gathering of information, criminal intelligence, legislation, criminal investi-
gation, legal standards, EU, criminal procedure, constitutional court
ABOUT THE AUTHOR:
Mojca Rep, MA in Criminal Justice and Security, Assistant in Criminal Pro-
cedure Law at the Faculty for Criminal Justice and Security, University of
Maribor, Slovenia. E-mail: mojca_rep@yahoo.com.
2 - Mojca Rep.indd 138 8.9.2011 13:42:50
139 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 7: CRIMINAL INVESTIGATION
DEVELOPED CRIMINAL INTELLIGENCE FUNCTION AS AN IMPORTANT
FACTOR FOR EFFECTIVE CRIME PREVENTION AND CRIMINAL
INVESTIGATION
AUTHORS:
Damjan Potpari and Anton Dvorek
ABSTRACT
PURPOSE:
Criminal intelligence is a relatively new policing concept that has developed
from the experience and expertise of classic intelligence brought to the police
by military and civilian intelligence experts upon joining the police ranks.
The criminal intelligence function established in police organisations has sig-
nificantly contributed to increased efficiency in crime prevention and crimi-
nal investigation, becoming one of the main pillars of countering organised
crime. The purpose of this paper is to highlight the problem of insufficiently
developed criminal intelligence function, which impairs the efficiency of
criminal investigation and hinders the transition to intelligence-led policing
as a response to the ever increasing gap between the available resources and
crime threats and at the same time as the main direction of policing develop-
ment in the EU. The paper discusses some issues related to this topic emerg-
ing in Slovenia and the EU.
DESIGN/METHODOLOGY/APPROACH:
By means of a qualitative descriptive analysis the authors analyse the estab-
lishment of a criminal intelligence function in the Slovenian police as well as
the understanding and development of the concept of intelligence-led polic-
ing in Slovenia and the EU.
FINDINGS:
The paper identifies the problem of insufficiently developed criminal intel-
ligence function, which stems from a lack of tradition in criminal intelligence
in the Slovenian police, resulting in a lack of awareness of the significance
of criminal intelligence. As a consequence of this, Slovenia has been slow in
3 - Damjan Potpari.indd 139 8.9.2011 13:43:04
140 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
DEVELOPED CRIMINAL INTELLIGENCE FUNCTION AS AN IMPORTANT FACTOR ... Damjan Potpari, Anton Dvorek
setting up a criminal intelligence function and developing a national criminal
intelligence model, which is affecting the efficiency of criminal investigations
and hindering the development of proactive policing. Setting up national
criminal intelligence models in the EU member states provides the conditions
for effective functioning of the ECIM and represents the basis for the imple-
mentation of intelligence-led policing principles both at the national and at
the EU level. The findings are useful for the Slovenian police in establishing
the national criminal intelligence model. Furthermore, the findings are useful
for other Member States that do not yet have a national criminal intelligence
model in place.
ORIGINALITY/VALUE:
The analysis and conclusions help us understand the role of criminal intel-
ligence function in efficient criminal investigation and in the introduction of
proactive policing at the national and EU level.
KEYWORDS:
criminal investigation, criminal intelligence, national intelligence model, in-
telligence-led policing, Slovenian criminal police, ECIM
ABOUT THE AUTHORS:
Damjan Potpari, B.A. in Defence Studies, Specialist in Criminal Investiga-
tion (Faculty of Criminal Justice and Security), Head of Europol National Unit
in the Criminal Police Directorate, Ph. D. Candidate at the Faculty of Crimi-
nal Justice and Security, University of Maribor. His areas of interest include
criminal intelligence and international police cooperation. Contact informa-
tion: damjan.potparic@policija.si.
Anton Dvorek, Ph.D., Associate Professor at the Faculty of Criminal Justice
and Security, University of Maribor, Slovenia, former director of the Criminal
Police Directorate. His research and teaching subjects are criminal investi-
gation and strategy of criminal investigation. Contact: anton.dvorsek@fvv.
uni-mb.si.
3 - Damjan Potpari.indd 140 8.9.2011 13:43:04
141 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 7: CRIMINAL INVESTIGATION
INSTRUMENTS OF INTERNATIONAL POLICE COOPERATION IN
CRIMINAL INVESTIGATION OF MOTOR VEHICLE THEFTS IN BOSNIA
AND HERZEGOVINA
AUTHORS:
Borislav Petrovi, Eldan Mujanovi and Irma Deljki
ABSTRACT
PURPOSE:
The intention of this paper is to describe traditional model of criminal in-
vestigation of motor vehicle theft offences and to explore how mechanisms
of the international police cooperation can enhance police effectiveness in
investigation of these crimes in Bosnia and Herzegovina, especially if they
include international illegal trade in stolen vehicles. Ultimate goal is to assess
how certain instruments of cooperation, particularly special investigation
techniques are suitable for improvements of investigation model for motor
vehicle thefts and how do they adapt to the needs of policing in this field.
DESIGN/METHODOLOGY/APPROACH:
This research uses both quantitative and qualitative approach. Official police
statistics and other available data on the extent of motor vehicle thefts on
national level of B&H and international level is used to identify the amount
of organized, transnational motor vehicle thefts. Furthermore, data from sur-
vey on population of 150 police officers in B&H is analyzed to identify which
instruments of cooperation are usually used in investigation of these crimes,
and to explain possibilities of proactive, intelligence led instruments of inves-
tigation for police practice in this field.
FINDINGS:
Results from this study suggest that police forces in B&H still base their ap-
proach on traditional, reactive instruments of international police coopera-
tion while investigating motor vehicles thefts with transnational dimension.
It is evident from this research that legal framework allows use of modern,
proactive instruments of cooperation. However, certain obstacles, such as
insufficient education and training, lack of experience etc., still significantly
hinder the use of these instruments in practice.
4 - Borislav Petrovi.indd 141 8.9.2011 14:48:35
142 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
INSTRUMENTS OF INTERNATIONAL POLICE COOPERATION IN CRIMINAL INVESTIGATION ... Borislav Petrovi ...
RESEARCH LIMITATIONS/IMPLICATIONS:
Current data on the extent of the problem of motor vehicle thefts in B&H still
doesnt allow clear identification of cases with transnational dimension. It
is only possible to approximate their number by using clearance rates. This
indicates that findings on use of certain instruments of international police
cooperation in the criminal investigation of motor vehicle thefts in B&H may
not be completely accurate. Therefore, further research should apply case
study approach in order to examine typical actions in investigating transna-
tional cases of motor vehicle thefts and to identify gaps in their detection and
prosecution.
PRACTICAL IMPLICATIONS:
Examining the role of the international police cooperation for the purpose of
more effective investigation of motor vehicle thefts could lead to the more
extensive use of such instruments in police daily practice. Moreover, iden-
tification of certain obstacles in practical application of these instruments
could improve overall model of investigation. Finally, more frequent use of
proactive instruments of cooperation should impact detection and prosecu-
tion rates of motor vehicle thefts.

ORIGINALITY/VALUE:
Motor vehicle thefts as form of property crime are traditionally perceived as
low-priority problem for police and criminal justice system. Such perception
is also present within scientific treatment of this problem, especially from the
criminal investigation perspective. This research is one of the few that shows
the importance of modern instruments of the international police cooperation
in increasing police effectiveness while investigating motor vehicle thefts.
KEYWORDS:
criminal Investigation model, motor vehicle thefts, international police co-
operation
ABOUT THE AUTHORS:
Borislav Petrovi, Ph.D, Associate Professor and Dean at the Law Fac-
ulty of the University of Sarajevo, Bosnia and Herzegovina, Obala Kulina
Bana 7, Sarajevo, BiH, tel. +387 33 20 63 60, fax. +387 33 20 63 55, e-mail:
b.petrovic@pfsa.unsa.ba.
Eldan Mujanovi, Ph.D., Assistant Professor, University of Sarajevo, Faculty of
Criminal Justice, Criminology and Security Studies, Zmaja od Bosne 87100 Sara-
4 - Borislav Petrovi.indd 142 8.9.2011 14:48:35
INSTRUMENTS OF INTERNATIONAL POLICE COOPERATION IN CRIMINAL INVESTIGATION ...
143 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Borislav Petrovi ...
jevo BiH, tel. +387 33 56 12 58, fax. + 387 33 56 12 16, e-mail: emujanovic@fkn.
unsa.ba.
Irma Deljki, Ph.D., Assistant Professor, University of Sarajevo, Faculty of
Criminal Justice, Criminology and Security Studies, Zmaja od Bosne 8 7100
Sarajevo BiH, tel. +387 33 56 12 56, fax. + 387 33 56 12 16, e-mail: ideljkic@fkn.
unsa.ba.
4 - Borislav Petrovi.indd 143 8.9.2011 14:48:35
144 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 7: CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION OF OMISSION OFFENCES
AUTHOR:
Miha epec
ABSTRACT
PURPOSE:
When law enforcement agents arrive at the scene of the crime they always
ask themselves the same question who committed the crime? The answer is
always hidden in an unknown (or possibly known) felon who committed the
offence with an act that resulted in the illegal consequence. However, what if
there was no act? If there was no active behaviour that resulted in the illegal
consequence? Than the questions that must be asked are: who was supposed
to prevent this criminal act and who had the duty to prevent the offence but
did not prevent it.
The problem of todays criminal investigations is that they mainly focus on
the offences done via a commisionus act (active execution of a criminal act)
and disregard the offences done via an omissionus act (passive execution of
a criminal act).
The purpose of this article is to present to the public the problems of crime
investigation of omission offences and to point out the significance of omis-
sions in combating crime.
From this perspective the article tries to present new techniques and methods
of criminal investigation and evidence gathering in the hopes that this knowl-
edge will lead to a better efficiency in criminal offence prosecution.
The goal of the article is also to present the law doctrine knowledge of omis-
sion offences, which the law enforcement agencies and its employees often
lack.
DESIGN/METHODOLOGY/APPROACH:
The article is theoretical in nature. Deductive, inductive and systematic me-
thods of research are used to reach the core of the problem and to present the
5 - Miha epec.indd 144 8.9.2011 13:42:18
CRIMINAL INVESTIGATION OF OMISSION OFFENCES
145 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Miha epec
problems that law enforcement agents must deal with regarding the investi-
gation of omission offences.
FINDINGS:
Omission offences are constantly in the shadow of commision crimes and are
therefore not given much thought. Since omission offences are a construct
of criminal law, they are better known to lawyers and prosecutors, but not
so much to criminal investigators and police officers who usually investigate
the crime scene. Since they lack the knowledge of omission offences they so-
metimes rule out a potential felon. Therefore education on omission offences
is an essential need for all who are dealing with criminal investigations and
with the prosecution of criminal offences.
PRACTICAL IMPLICATIONS:
If the findings from the paper are implemented in criminal investigations and
our criminal legislation procedure, we can expect a more effective prosecuti-
on of omission crimes, better indictments and more successful verdicts.
ORIGINALITY/VALUE:
Omission offences are a complex construct of criminal law. Therefore they
are only taught and discussed within the circle of criminal lawyers. However
they are usually not the ones directly examining the crime scene and leading
a criminal investigation. Therefore knowledge and education about omissi-
on offences should be given to those who are directly dealing with criminal
investigations. This is rarely (or almost never) done and is therefore also the
purpose of this article to present to those dealing with criminal investigati-
on, and are not criminal lawyers, the importance and complexity of omission
offences.
KEYWORDS:
omission, commission, duty to act, crime scene investigation, criminal law,
offence, criminal act, penal code.
ABOUT THE AUTHOR:
Miha epec, Ljubljana law university graduate, PhD candidate at the Fac-
ulty of Law, University of Maribor, criminal law assistant at the Faculty of
Criminal Justice and Security, University of Maribor, Slovenia. Contact in-
formation: phone: +38641663412, e-mail: miha.sepec@fvv.uni-mb.si; miha.
sepec@hotmail.com.
5 - Miha epec.indd 145 8.9.2011 13:42:18
5 - Miha epec.indd 146 8.9.2011 13:42:19
PANEL 8:
ORGANIZED CRIME
1 - Elena Topilskaya.indd 147 8.9.2011 13:44:18
1 - Elena Topilskaya.indd 148 8.9.2011 13:44:18
149 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 8: ORGANIZED CRIME
PROVOCATION AND ENLISTING AS INVESTIGATING METHODS IN
COUNTERING THE ORGANIZED CRIME
AUTHOR:
Elena Topilskaya
ABSTRACT
PURPOSE:
The purpose of this article is to make a contribution to the array of special
strokes in countering organized crime. The struggle against the organized
crime is the most important task of the police, also as of the government, but
it fails permanently in Russia. The detailed describing and analysing of good
practices, in compare with the experience of other countries, may sufficiently
enforce the countering organized crime.
DESIGN/METODOLOGY/APPROACH:
The article is based on some recent works of Russian academic criminalists,
and on the documents of UN dedicated to the international cooperation in
the countering organized crime, as well as on the results of researches done
by the author herself, and on the experience of organized criminal activitys
investigating in Russia.
FINDINGS:
Organized crime has enveloped our society with a swift thrust, so the state
law enforcement leg behind catastrophically. There are no special training
courses for the detectives and agents carrying out criminal intelligence and
undercover investigation. And the recent abolition of The Federal Anti-Orga-
nized Crime Department led to the intense lack of detectives experienced in
combating organized crime, as well as intelligence analysts. It became almost
impossible for combatants to use such undercover investigating methods like
provocation, in order to make the criminals commit the intended felony, or
enlist some erratic members of gangs, to receive the inside information about
the criminal activity. Besides, there is no adequate legal solution of the prob-
lem of responsibility for committing crimes when acting as undercover agent.
1 - Elena Topilskaya.indd 149 8.9.2011 13:44:18
150 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PROVOCATION AND ENLISTING AS INVESTIGATING METHODS IN COUNTERING THE ... Elena Topilskaya
In addition, the public opinion, as well as majority of jurists, dissapprove the
frame-up as a method of getting evidence.
ORIGINALITY/VALUE:
The paper is the first attempt to analyse the experience of getting evidence by
secret means and to create practical recommendations about the arranging
such operations and using the results of it in the trial.
KEYWORDS:
organized crime, evidence, undercover investigating, trial
ABOUT THE AUTHOR:
Topilskaya Elena, L.D., senior lecturer, criminal law department, Russian
Academy of Justice. Practiced as a senior investigator in the Office of the City
Prosecutor, Saint-Petersburg, a prosecutor in the Office of Leningrad Region-
al Prosecutor, a Deputy District Prosecutor, Chief of the Investigating Depart-
ment. She exercised the investigation and prosecution of the organized crime
cases. The author of more than 30 scientific works, particularly a monograph
The Organized Crime (1999). Address: Russia, Saint-Petersburg, ul. Marata,
47-49 ap.53. Mob.ph. +7 (921) 908-61-93. E-mail: etopilskaya@yandex.ru.
1 - Elena Topilskaya.indd 150 8.9.2011 13:44:18
151 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 8: ORGANIZED CRIME
DISCLOSING OF CRIMINAL OFFENCES OF ORGANIZED CRIME
CONCERNING THE GEOGRAPHIC DISPERSION OF THE ORGANISED
CRIMINAL GROUPS IN REPUBLIC OF SERBIA

AUTHORS:
Muamer Nicevi, Dragan Manojlovi and Aleksandar R. Ivanovi
ABSTRACT
PURPOSE:
The purpose of this research paper is to present the main types of organized
criminal groups and their geographical distribution in the Republic of Ser-
bia.
DESIGN/METHODOLOGY/APPROACH:
In this research paper, the method of content analysis of existing domes-
tic and foreign literature, comparative method, in-depth interviews, survey
methods and descriptive analysis were applied. In order to obtain relevant
information from the practical work, regarding the relationship between the
types of organized crime groups and their geographical distribution in Re-
public of Serbia, we were using the methods of direct observation, content
analysis and survey.
FINDINGS:
After the changes made during 2000, as a condition for successful detection
of organized crimes criminal actions in Republic of Serbia, there was a need
for the adequate understanding of the sole organization of organized criminal
groups, types, activities and geographical distribution. The analysis of these
segments of organized crime would contribute to building a more effective
legal and criminalist methods for detection and prosecution of organized
crimes criminal actions, but also pointed to possible directions in the pre-
vention of organized crimes criminal actions. Eventually, this approach will
allow the construction of a national strategy to fight organized crime. In this
context, the authors have made this empirical research in Republic of Serbia,
and consider this issue as a factor that threatens national security, economic,
2 - Muamer Nicevi.indd 151 8.9.2011 13:44:32
152 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
DISCLOSING OF CRIMINAL OFFENCES OF ORGANIZED CRIME CONCERNING ... Muamer Nicevi
legal system and human rights which in any case has repercussions on the
credibility of the state in international relations.
RESEARCH LIMITATIONS/IMPLICATIONS:
Research results are limited to collecting material for the analysis of types of
organized criminal groups and their geographical distribution in the Republic
of Serbia.

PRACTICAL IMPLICATIONS:
The research results can be used to develop a strategy in the prevention of or-
ganized crime, in finding methods of action in gathering criminal intelligence
and operational knowledge, building crime-intelligence and operational base
that will enable trend analysis and development of organized crime groups
and their activities. This, on the other hand, would allow shortening the
period from the moment of finding out about the emergence of an organized
criminal group to the moment of disabling its activities.

ORIGINALITY/VALUE:
The originality of this paper is reflected in the empirical study of the types
of organized crime groups and their geographical distribution in Republic of
Serbia. This approach opens the possibility for this problem to be regarded
through the current manifestations, and it can be basis for introduction of
some new methods used in detecting and gathering evidence in the legal and
the criminalist practice, but it can also serve as a basis for understanding the
conditions that are suitable for development and the activities of organized
criminal groups in general.
KEYWORDS:
organized crime, criminal investigation, organized criminal group, national
security
ABOUT THE AUTHORS:
Muamer Nicevi, Ph.D., Associate Professor of criminal procedural law, at
the Department of law sciences at International University of Novi Pazar,
Dean of Faculty of Law at International University of Novi Pazar, former chief
of the police department in Novi Pazar, the Ministry of Internal Affairs of the
Republic of Serbia. Contact information: d.prava@uninp.edu.rs; telephone:
00381 (0)64 8891696; fax: +381 (0)20 338420.
Dragan Manojlovi, Ph.D., Assistant Professor of criminalistics at the De-
partment of law sciences at International University of Novi Pazar, former se-
2 - Muamer Nicevi.indd 152 8.9.2011 13:44:32
DISCLOSING OF CRIMINAL OFFENCES OF ORGANIZED CRIME CONCERNING ...
153 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Muamer Nicevi
nior official of the Ministry of Internal Affairs of the Republic of Serbia. Con-
tact information: cid.serbia@yahoo.com; telephone: 00381 (0)63 7029029;
fax: +381 (0)20 338420.
Aleksandar R. Ivanovi, MSc., Assistant at the Department of law sciences at
International University of Novi Pazar in the courses: organized crime, eco-
nomic crime, national security and criminalistics. Engaged in research in the
field of protection of national security. Contact information: aleksandarivanovi
c84@yahoo.com; telephone: 00381 (0)64 1311175; fax: +381 (0)20 338420.
2 - Muamer Nicevi.indd 153 8.9.2011 13:44:32
154 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 8: ORGANIZED CRIME
ORGANIZED ENVIRONMENTAL CRIME IN SLOVENIA
AUTHORS:
Katja Eman, Gorazd Meko and Bojan Dobovek
ABSTRACT
PURPOSE:
The environmental destruction is connected with the functioning of mod-
ern societies, characterized by the concept of economy. Investigations by the
competent authorities, the stories of investigative journalists and researchers
of the study reveal that a large proportion of these practices are connected
to organized environmental crime. The aim of the conducted analysis is a
detailed examination, although the cases of organized environmental crime
in Slovenia are rare, and to demonstrate its features. The purpose of this pa-
per is to show the detected forms of organized environmental crime in Slo-
venia and to highlight their characteristics and specifics with the intention
to contribute to a more successful detection and criminal investigation of
environmental criminality on the national level. In the conclusion, possible
improvements are presented.
DESIGN/METHODOLOGY/APPROACH:
The method of a content analysis of written sources was used for a detailed
review of cases of organized environmental crime in Slovenia. The detected
individual characteristics of environmental crime forms have been particu-
larly exposed and described.
FINDINGS:
Environmental crime has become attractive for organized criminal groups
due the high incomes and lack of environmental legislation on the market-
place. Organized environmental crime is nowadays a real threat that has de-
veloped from the past theoretical concept at the conditions offered by the
modern society: economic liberalization and globalization of world economy
and the consequent abolition of border controls, decreased legal control and
the reduction of supervision of the flow of financial assets offered greater op-
portunities for money laundering and the diversion into legitimate business.
3 - Katja Eman.indd 154 8.9.2011 13:44:46
ORGANIZED ENVIRONMENTAL CRIME IN SLOVENIA
155 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Katja Eman, Gorazd Meko, Bojan Dobovek
PRACTICAL IMPLICATIONS:
The presented analysis is the first example of the selection and classification
of detected forms of organized environmental crime in Slovenia. In addition
to demonstrating the presence of organized environmental crime on the Slo-
venian territory, the paper constitutes a useful basis for further research, and
reactive and proactive responses of the criminal justice system.
ORIGINALITY/VALUE:
The paper places organized environmental crime in a crime triangle, and
shows that in case of the presence of the victim and the perpetrator in a
single place, the presence or supervision of security guards has reduced (in
the case of organized environmental crime a state or competent authority),
the occurrence of crime. In doing so, the questions of responsibility and ac-
countability arose. Not only the lack of criminal law regulation in the field
of environmental protection, but often even more important paths of wide-
reaching crime networks in the peaks of large corporations and companies
and political leaders, are enabling profitable business for organized criminal
gangs. Therefore, the findings are primarily aimed at those involved in the
Slovene criminal justice system and those who watch over its operation and
functioning of the rule of law.
KEYWORDS:
organized environmental crime, a crime triangle, green criminology, Slove-
nia
ABOUT THE AUTHORS:
Katja Eman, MA, Junior Researcher, Teaching Assistant and PhD student at
the Faculty of Criminal Justice and Security, University of Maribor, Ljubljana,
Slovenia. She became junior researcher in the field of criminology and is cur-
rently conducting a PhD research in the field of green criminology, entitled
Crimes against the Environment Comparative Criminological and Criminal
Justice Perspectives. Her research fields of interest are green criminology, en-
vironmental crime, environmental justice and organised crime. E-mail: katja.
eman@fvv.uni-mb.si.
Gorazd Meko, PhD, is Professor of Criminology and Dean of the Faculty of
Criminal Justice and Security, University of Maribor, Slovenia. Currently, he
is heading a national basic research project entitled Crimes against the en-
vironment (20092012). Gorazd Meko is a member of the scientific board
of the International PhD in Criminology at the Catholic University in Milan,
Italy. He also serves as the editor in chief of the Journal of Criminal Inves-
3 - Katja Eman.indd 155 8.9.2011 13:44:47
156 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
ORGANIZED ENVIRONMENTAL CRIME IN SLOVENIA Katja Eman, Gorazd Meko, Bojan Dobovek
tigation and Criminology (orig. Revija za kriminalistiko in kriminologijo).
His research fields are crime prevention and provision of safety/security,
policing, fear of crime, and crimes against the environment. E-mail: gorazd.
mesko@fvv.uni-mb.si.
Bojan Dobovek, PhD, is Associate Professor of Criminal Investigation and
Vice Dean at the Faculty of Criminal Justice, University of Maribor, Slove-
nia. He is a partner of Institute fur Politikwissenschaft und Socialforschunf,
University of Wurzburg, Germany, and a visiting professor at the University
of Ghent, University of Sarajevo, University of Belgrade and University of
Zagreb. His areas of research are organized crime, corruption, art crime, envi-
ronmental crime, criminal investigation and investigative journalism. E-mail:
bojan.dobovsek@fvv.uni-mb.si.
3 - Katja Eman.indd 156 8.9.2011 13:44:47
157 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 8: ORGANIZED CRIME
INTERNATIONAL COOPERATION IN KEEPING CRIMINAL AND FINANCIAL
INVESTIGATION OF ORGANIZED ECONOMIC AND FINANCIAL CRIME
AUTHORS:
Svetlana Nikoloska and Ivica Simonovski
ABSTRACT
PURPOSE:
The purpose of this text is to give a unique contribution to the development
of international cooperation in the process of conducting investigations on
organized economic - financial crime through studying the scientific and pro-
fessional literature, international legal acts, national legislation, and statisti-
cal data. This crime doesnt know borders. The purpose of crime is to ac-
quire the proceeds (yield) illegally. Then, comes the second stage, according
to which, the proceeds carried away from the source. And finally the third
phase, under which money is introduced into the financial system as clean
money (investments, foreign capital). It is necessary to harmonize domestic
criminal legislation with European and international legislation. The goal is
one, to lead parallel comprehensive financial and criminal investigations to
locate, freeze and confiscate criminal proceeds. International cooperation is
necessary and required to provide relevant evidence and information about
the type and amount of criminal proceeds obtained by the criminals by abus-
es, corruption, tax evasion and etc.
DESIGN/METHODOLOGY/APPROACH:
The text is structured as follows: defining the concept of organized economic
- financial crime, emergent forms and shapes, analysis of statistical data on
the dangers of this criminal phenomenon to the National Budget and Econo-
my of the Republic of Macedonia, analysis of national and international regu-
lations regarding investigations, planning, cooperation and coordination in
conducting criminal and financial investigations and need for inter-institu-
tional collaboration and international exchange of data and information. As
the proposal in this paper, the need for preparation of international operat-
ing standards for conducting criminal and financial investigation would be
emphasized.
4 - Svetlana Nikoloska.indd 157 8.9.2011 13:44:03
158 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
INTERNATIONAL COOPERATION IN KEEPING CRIMINAL AND FINANCIAL ... Svetlana Nikoloska, Ivica Simonovski
FINDINGS:
One of the most profit businesses is organized economic - financial crime,
where incomes and improving living standards are associated with criminal
activities and financial results are accomplished with little effort made. With
the effects of corruption, criminal business becomes real business with low
risk and affordable profession for the perpetrators, who often exploit its
functions, professional knowledge and jobs. It uses good positioning in
society, connection with inspection services and their utilization in terms
of failing to mandatory controls and thereby avoiding payment of taxes and
contributions to the state. Individuals or groups, to gain personal wealth in
a quick manner, do not choose means, ways and methods to establish of the
government system, through the capture of high social positions in the exec-
utive or judicial authority where they have great power in deciding, and great
opportunities for abuse. Investigation and proof of organized financial crime
are complex issues which requires conducting a comprehensive investiga-
tion which includes: criminal investigation which aims to provide evidence
of first degree crime, evidence and traces that connect all the crimes involved
offenders and the type and amount of illegally acquired proceeds and finan-
cial investigation to determine the trace of the money and the identification
and delineation of criminal proceeds earned from legally acquired income.
Raising awareness among investigators for cooperation, coordination and ex-
change of information is a prerequisite for the investigations using principles
of a case study.
ORIGINALITY/VALUE:
The text is original and is the result of long research of the authors on the
state of organized economic - financial crime in the Republic of Macedonia
and need for international cooperation on the basis of internationally accept-
ed standards and operating procedures to achieve the better result of field
research in investigation and proving complex criminal situations with ele-
ments of international.
KEYWORDS:
organized economic - financial crime, criminal businesses, criminal investi-
gation, financial investigation, confiscation
ABOUT THE AUTHORS:
Svetlana Nikoloska, Phd, is a professor at Faculty of security in Skopje, and
Head of Department of security in financial control. She is doctor of security
on theme of the defense Crime against official. The subject of scientific
interest and economic - financial crimes, computer crime, money launder-
4 - Svetlana Nikoloska.indd 158 8.9.2011 13:44:03
INTERNATIONAL COOPERATION IN KEEPING CRIMINAL AND FINANCIAL ...
159 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Svetlana Nikoloska, Ivica Simonovski
ing which has published many papers in Macedonia and abroad, active par-
ticipant in the project Standardized Training for Financial Investigation of
Organized Crime and Terrorism, the Academy of Interior Bulgaria obtained
by the European Commission under the heading Prevention of fight against
crime, 2010 -2011 year. E mail snikoloska@fb.uklo.edu.mk.
Ivica Simonovski, PhD, is an Adviser for the analysis of suspicious transac-
tions at the Office for Prevention of Money Laundering and Financing of Ter-
rorism Republic of Macedonia. He is an expert with good experience in the
field of prevention of money laundering, financing of terrorism, organized
crime, with many publications in the area of financing of terrorism, money
laundering and organized crime. He has participated in many conferences,
seminars, trainings in the field of prevention of money laundering, and fi-
nancing terrorism. Together with PhD Svetlana Nikoloska, was active par-
ticipant in the project Standardized Training for Financial Investigation of
Organized Crime and Terrorism, the Academy of Interior Bulgaria obtained
by the European Commission under the heading Prevention of fight against
crime, 2010 -2011 year. E mail ivica.simonovski@usppft.gov.mk.
4 - Svetlana Nikoloska.indd 159 8.9.2011 13:44:03
4 - Svetlana Nikoloska.indd 160 8.9.2011 13:44:03
PANEL 9:
CRIMINAL INVESTIGATION
1 - Nedzad Korajlic.indd 161 8.9.2011 13:45:29
1 - Nedzad Korajlic.indd 162 8.9.2011 13:45:29
163 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 9: CRIMINAL INVESTIGATION
THE PROFILE OF THE CRIMINALIST
AUTHORS:
Nedad Korajli and Driton Muharremi
ABSTRACT
PURPOSE:
The purpose of this article is to define the profile of the criminalist, by analyz-
ing the characteristics of a good criminalist, the intellectual characteristics,
as well as the psychological and physical ones and also the need and the type
of education. These characteristics are defined by analyzing the empirical
and theoretical research and his role in practice in fighting the crime in the
modern time and the rapid development of technology.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a review and analysis of professional literature on crimi-
nalistic, published in Bosnia & Hercegovina and Kosovo and periodicals and on
the analysis of research studies carried out by the Institute of Criminalistic, fo-
rensic investigation and judicial expertise of University of Sarajevo and Center
for Criminalistic research of University AAB-RIINVEST - Prishtina- Kosovo.
FINDINGS:
Although there have been many researches made in criminology in general,
there wasnt much done regarding the depth study of the criminalists profile,
by analyzing all features and an appropriate education that a good criminalist
must have, as well as the features which the criminalist has to avoid.
Through our research work which in addition to the theoretical aspect weve
also tried illustrating it in a form of a poster - the real profile of a criminalist
and his characteristics as: knowledge, creativity, patience and persistence.
Also the intellectual characteristics- he has to absorb an educational prepa-
ration which will be applied in his work; psychological characteristics: he
must be balanced emotionally, neutral, doesnt take sides, curious, doubtful,
distinctive and disciplined.
1 - Nedzad Korajlic.indd 163 8.9.2011 13:45:29
164 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
CHARACTERISTICS OF CRIMINAL INVESTIGATORS (SUGGESTED TITLE) Nedad Korajli, Driton Muharremi
Physical characteristics: good weight and height, good sight and hearing, to
be healthy and to have a high level of energy since the investigation can be
laborious and long . At the end we have proposed the level of education that
the criminalist needs in order to fulfill the task in the most professional way
as an investigator.
ORIGINALITY/VALUE:
The paper is the first systematic overview of the history and development of
criminalistics in Bosna and Hercegovina and Kosovo and a call for further
research.
KEYWORDS:
criminal investigator, criminalistics, forensics, education, research
ABOUT THE AUTHORS:
Nedad Korajli, prof. dr., born in1963 in Bosnia and Hercegovina, he is the direc-
tor of Institute of criminalistics, forensic research and judicial expertise in the
Faculty for criminalistic, criminology and security studies, University of Sa-
rajevo. He has published many scientific and research papers in B&H and abroad.
He has published 10 books as author and co-author. Has participated in many
scientific research projects, whereas within professional education has participat-
ed in many different seminars and conferences abroad. Worked in police until
1988 being engaged in different jobs, among which there are: Inspector for
general crimes; Chief of narcotic unit; Chief of police; deputy minster for
police matters in MIA Canton Zenica-Doboj. Has been awarded many times
for achieved results and as a result got the silver police medal in 1995 and
gold one in 1996. He teaches in bachelor and master studies in law faculty in
Sarajevo, law faculty in Zenice, law faculty in Travnik and AAB-Riinvest
University in Prishtine, in criminalistic program. Contact information: www.
csi-aba.com, nkorajlic@fknbih.edu, tppaba@bih.net.ba.
Driton Muharremi, Mr.Sc., (PhD candidate) is from Prishtina, Kosovo. He
was a criminal judge at the Municipal Court of Prishtina until 2010. Now
is a lecturer and Vice dean in Faculty of Law of AAB-RIINVEST University
in Prishtina. He has published a number of scientific and professional paper
at home and abroad. He is the co-author of two university textbook KRIMI-
NALISTIKA and ,, HEURISTIC CRIMINALISTIC. He has participated in many
seminars abroad and he is a specialist in anti-corruption. E-mails: driton_
muharemi@hotmail.com, driton.muharremi@aabriinvest.net.
1 - Nedzad Korajlic.indd 164 8.9.2011 13:45:29
165 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 9: CRIMINAL INVESTIGATION
THE ROLE OF THE SCHOOL POLICE OFFICER IN THE PREVENTION OF
SCHOOL CRIME IN SERBIA
AUTHORS:
Vesna uni-Pavlovi, Dragan Milidragovi and Marina Kovaevi-Lepojevi
ABSTRACT
PURPOSE:
The purpose of the article is to analyze and evaluate the role of the school
police officers in prevention of crimes, misdemeanors and other incidents in
elementary and secondary schools in Serbia. The introduction of school po-
lice officers in Serbia started with an experimental program in some schools
in 2002. Today there are a total of 311 school police officers employed in
558 schools in Serbia. Until now, realization of this project was not fallowed
with clear theoretical background and empirical evidences of its effective-
ness. That might be the reason for the lack of attention that is given to school-
police partnership in general, in particular comparing to the huge amount of
different developmental programs that are realizing in schools in Serbia.
DESIGN/METHODOLOGY/APPROACH:
The article is based on the research of the prevalence and characteristics of
school crime and activities of the school police officers in 29 elementary and
secondary schools located in the territory of the city of Novi Sad in Serbia.
The research was carried out during two years, from January 2009 to Decem-
ber 2010. The data were collected by analyzing the documentation of the
Novi Sad Police Department. Methods of descriptive statistics, frequencies
and percentages were used for the data processing.
FINDINGS:
Novi Sad Police Department employs 20 school police officers operating in
two shifts in 16 elementary and 11 secondary schools in the city of Novi Sad.
Considering the number of schools in the city of Novi Sad (N=53), half of
the elementary and almost all secondary schools engage police officers. Only
five school police officers are on duty in one school each, while the other 14
school police officers cover two and one three nearby schools each.
2 - Vesna Zunic.indd 165 8.9.2011 13:45:44
166 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
THE ROLE OF THE SCHOOL POLICE OFFICER IN THE PREVENTION OF SCHOOL CRIME IN SERBIA Vesna uni-Pavlovi ...
During the observed period, school police officers reported 258 incidents to-
tal happened in school building, school yard or in its surrounding (crimes
56%, misdemeanors 24% and other incidents 20%). Property crimes were re-
ported in 70%, violent crimes in 12% and the rest in 18%. Most frequently
misdemeanor was insult, abusive and violent behavior (68%). In the 2010.
schools reported 136 incidents, which is for 11% higher rate than in 2009.
The results show continual enhancement of the school police officer work ef-
fectiveness as in the processing of the detected incidents, as well in the direct
realization of the preventive activities in schools. In only 30 days in 2010. it
was detected three times more criminal acts than in the whole 2009. In 2010
school police officer held 62 lectures in schools and seven officers have acti-
vely participated in the realization of the school crime prevention programs.
In contrary, in 2009. only one lecture was held and one school police officer
had participated in the school crime prevention program.
RESEARCH LIMITATIONS/IMPLICATIONS:
This research might be only a beginning. Future researches should incorpo-
rate several variables beside incidents report in order to better clarify the role
of school police officers.
ORIGINALITY/VALUE:
As school police officers in Serbia are a relatively new type of public service in
the term of crime prevention and reduction, have yet to be thoroughly evalu-
ated. The results bring the objective insight in the power and the weakness of
the school police officer work, fully public informing about this project and
reassessment of its real contribution to the school crime prevention.
KEYWORDS:
school crime, school police officer, research, evaluation, Serbia
ABOUT THE AUTHORS:
Vesna uni-Pavlovi, PhD, Associate professor of the Prevention and treat-
ment of the conduct disorders methods at the Faculty of Special Education
and Rehabilitation, University of Belgrade. E-mail: zuniceva@eunet.rs.
Dragan Milidragovi, MA, Ministry of the Interior of the Republic of Serbia,
Novi Sad Police Department, E-mail: milidragovicdragan@gmail.com.
Marina Kovaevi-Lepojevi, Teaching assistant and student of PhD studies
at the Faculty of Special Education and Rehabilitation, University of Belgrade.
E-mail: marina.lepojevic@gmail.com.
2 - Vesna Zunic.indd 166 8.9.2011 13:45:44
167 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 9: CRIMINAL INVESTIGATION
THE RELATION BETWEEN INVESTIGATIVE AND PREVENTIVE
CRIMINALISTICS POLICE ACTIVITIES
AUTHOR:
Slavia Vukovi
ABSTRACT
PURPOSE:
The aim is to analyze the content of repressive law enforcement activities,
with normative-legal, theoretical and practical aspects, to point its contri-
bution to crime prevention activities, and current problems in aligning two
types of activities and opportunities to overcome them.
DESIGN/METHODOLOGY/APPROACH:
Review of the literature, comparative method and content analysis.
FINDINGS:
Repressive activity in criminalistic police practice is still the dominant form
of controlling crime, despite results of numerous studies showing that it
should not be so. One of the biggest reasons for that are the indicators of suc-
cess of law enforcement officers who is still the percentage of solved crimes
in relation to total number of detected and recorded crime by police. There
are other problems related to prevailing attitude that the criminalistics is still
only repressive science that needs to give immediate results. At the same
time lack of knowledge of opportunities, and forms and methods of preven-
tion activities contribute to crime prevention activity is neglected in practice.
Therefore, this paper suggests ways to overcome existing situation and im-
prove the effectiveness of preventive police activities.
RESEARCH LIMITATIONS/IMPLICATIONS:
The fact is that the above analysis should provide a starting point for further
research opportunities to enhance crime prevention activities, as well as the
standardization process exchange of knowledge which was learned through
3 - Slavisa Vukovic.indd 167 8.9.2011 13:46:02
168 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
THE RELATION BETWEEN INVESTIGATIVE AND PREVENTIVE CRIMINALISTIC POLICE ACTIVITIES Slavia Vukovi
repressive activities which can be used in crime analysis methods for more
effective forecasting of its development and planning appropriate preventive
measures.
PRACTICAL IMPLICATIONS:
The proposals set out in the paper should promote adequate organization of
the operational policing but also to adjust the existing ways of transferring
knowledge in the field of crime prevention in education and training of per-
sonnel for police.
ORIGINALITY/VALUE:
Reflected in an attempt to harmonize both preventive and repressive activities
in practice so as to provide uniform and systematic collection of data through
repressive methods of policing that are important for preventive activities.
KEYWORDS:
prevention, repression, criminalistics, police
ABOUT THE AUTHOR:
Slavia Vukovi, assistant professor, Kriminalisticko-policijska akademi-
ja, Ul. Cara Dusana 196, Beograd. Phone: 011/3107-111, e-mail: slavisa.
vukovic@kpa.edu.rs.
3 - Slavisa Vukovic.indd 168 8.9.2011 13:46:02
169 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 9: CRIMINAL INVESTIGATION
APPLICATION OF MATHEMATICAL METHODS OF STATISTICS IN THE
PROCESS OF DETERMINATION OF MORE PROBABLE EXECUTOR
SUICIDAL TERRORISM
AUTHORS:
Dragan Tatomir, Bozidar Forca and Vojkan Zori
ABSTRACT
PURPOSE:
Ideological suicidal situation, ideological pressure, hypnosis, drugs, dire eco-
nomic or medical situations, are all potential sources of suicide terrorists.
This study will use mathematical statistics methods to determine increase in
probability of finding a potential perpetrator of suicidal terrorism.
DESIGN/METHODOLOGY/APPROACH:
The definition of terrorism that would be generally accepted in the international
social and scientific community is not clear. Among many reasons for different
approaches in defining terrorism, one thing is for sure - there is no political will
from countries to establish a single definition of terrorism that could be equally
applied regardless of the specific political interests in international relations.
Due to the lack of unique definitions we introduce semantics, lexical, criminal
justice, strategic methods, political and other criteria to define this term.
In this paper we used mathematical statistics, composition and convolution
of statistical distributions in an attempt to come up with a definition. The
most common case that occurs in practice is that a random variable (e.g.,
perpetrators of suicidal terrorism) has the same interval of the change of ran-
dom variables (total number of potential perpetrators) and the same type
of density distribution P (selected group or individual - the perpetrators of
suicidal terrorism), but the parameters and density distributions are different
(age, education, social status, motivation). Then it is clear that if the analysis
process characterized by a given distribution using only one of the densities,
results cannot be complete and entirely objective. Therefore, we introduce
the procedure of convolution of distributions, in order to obtain the resulting
distribution, which gives more objective results than a single distribution.
4 - Dragan Tatomir.indd 169 8.9.2011 13:46:22
170 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
APPLICATION OF MATHEMATICAL METHODS OF STATISTICS IN THE PROCESS ... Dragan Tatomir ...
FINDINGS:
The resulting formula can be used to determine the probability of finding poten-
tial perpetrators of suicidal terrorism, after statistical analysis of data collected.
After the formation of the distribution curve, using the above explained meth-
ods of composition and convolution, the mathematical expectation of the poten-
tial perpetrators of suicidal terrorism can be calculated. In this way, prevention
against destabilization of the order in country system can be made, not only in
cases of individual suicide terrorism, but also in cases of suicidal groups.
ORIGINALITY/VALUE:
Abstract of original Scientific Paper, only show a fraction of the implemented
mathematical equations, as well as the work itself, and whose results ob-
tained can increase the probability to determine the potential perpetrator of
suicidal terrorism and thus to act preventively and save human lives and sig-
nificant social facilities.

KEYWORDS:
methods of mathematical statistics, suicidal terrorism, the probability of find-
ing, prevention
ABOUT THE AUTHORS:
Dragan Tatomir, Serbian Army colonel, head of Division for Planning and
Strategy on R. Serbia in the Department of Strategic Planning of the Ministry
of Defense of the Republic of Serbia,

Ministry of Defense of the Republic of
Serbia, Defense Policy Sector, Strategic Planning Department, Biraninova 5,
Belgrade, Serbia, dragan.tatomir@mod.gov.rs.
Bozidar Forca, Major General, PhD, professor at the Military Academy, head
of Department for Strategic Planning in the Defense Policy Sector, Ministry of
Defense of the Republic of Serbia, Defense Policy Sector, Strategic Planning
Department, Biraninova 5, Belgrade, Serbia, bozidar.forca@mod.gov.rs.

Vojkan Zori, Teacher of Physics, MSc, PhD, a longtime leading expert of Na-
tional Criminal Technical Center of the Ministry of Internal Affairs R. Serbia in
the field of inorganic analysis, and analysis of paints and Micro traces, an Fo-
rensics Scientist and expert of the Ministry of Justice R. Serbia in the field: micro
traces, Crime Physics and Crime Chemistry, Research Associate Laboratory for
Condensed Matter Physics, Faculty of Sciences, University of Novi Sad, head of
the first research project in Forensic investigations in Serbia under the auspices
of the Ministry of Education and Science R. Serbia, Ministry of Internal Affairs,
CPD-National Criminalistic-Technical Center, Kneza Milosa str. 103, Belgrade,
Serbia, +381/11/3615-125, vojkan.zoric@mup.gov.rs, vzoric@df.uns.ac.rs.
4 - Dragan Tatomir.indd 170 8.9.2011 13:46:22
171 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 9: CRIMINAL INVESTIGATION
ON VALIDITY OF MAFIA INDEX: A BASIC INVESTIGATIVE TOOL FOR
PRACTITIONERS
AUTHORS:
Luca Giommoni and Matev Bren
ABSTRACT
PURPOSE:
The purpose of this contribution is to test the validity of the Mafia Index (MI)
developed by Calderoni. Trough different approaches the analysis aims to
verify and confirm the MI, showing that the Mafia phenomenon in Italy is not
just a problem of the South but also affects the North of Italy. Recalling that
scanning is always the first step to investigate a criminal phenomenon, this
contribute can offer some cues for practitioners.
DESIGN/METHODOLOGY/APPROACH:
The first step has been to verify the validity of the MI with factor analysis. It
is expected that four variables (number of mafia-type associations, number of
mafia murders, number of city councils dissolved for infiltration of organized
crime, and amount of assets confiscated from organized crime) constructing
the MI all lay in one dimension. Subsequently, a cluster analysis (hierarchical
and non-hierarchical) has been carried out to group Italian provinces accord-
ing to the MI value.
FINDINGS:
One-dimensionality of the four variables is verified and the factor of Mafia
presence carried out through factor analysis does not present significant dif-
ferences confronting with MI. The validity of MI is therefore confirmed. The
cluster analysis results in four clusters showing that the mafia is not just a
phenomenon isolated in the South, but it also affects North Italy, especially
through economic activities.
5 - Luca Giommoni.indd 171 8.9.2011 13:45:10
172 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
ON VALIDITY OF MAFIA INDEX: A BASIC INVESTIGATIVE TOOL FOR PRACTITIONERS Luca Giommoni, Matev Bren
RESEARCH LIMITATION/IMPLICATION:
The analysis is carried out considering just four variables highly correlated
with Mafia activities. Further analysis in this field might take additional vari-
ables into account (such as: drug offences, exploitation of prostitution, usury,
smuggling, arsons, money laundering, etc.).
PRACTICAL IMPLICATIONS:
Our results confirm a new perspective on the Mafia phenomenon and con-
sequently call for a modified response of politicians, police, judiciary, and
public. The first benefit of MI is to assess how pervasive and serious mafia
is. Secondly it would help government to allocate resources or to weigh cost/
benefit of legislative decisions. Moreover it could be useful to identify trends
over time.
ORIGINALITY/VALUE:
The one factor of mafia presence carried out through factor analysis does not
present significant differences confronting with MI and therefore confirms
the validity of MI construct. The second value of our contribution are clas-
sification results of Italian provinces according to mafia presence into four
clusters of historical mafia presence, high mafia presence, economical mafia
presence, and low mafia presence.
KEYWORDS:
mafia presence, Italian provinces, factor analysis, cluster analysis, validity of
Mafia index
ABOUT THE AUTHORS:
Luca Giommoni (BA in sociology Universit dell Aquila, 2009) is a MA
student in Applied Social Science - Crime Sciences and Security Technologies
at Universit Cattolica of Milan. He has worked at Transcrime - Joint Research
Centre on Transnational Crime of the Universit Cattolica del Sacro Cuore of
Milan and the University of Trento. giommoni_luca@hotmail.it
Matev Bren (PhD, Associate Professor) is Professor of Statistics and Method-
ology at the Faculty of Criminal Justice and Security, University of Maribor and
Researcher at the Institute of Mathematics, Physics and Mechanics, Slovenia.
He is the Head of the Department for Social and Human Studies. Professor
Bren is author and co-author of many research papers, book chapters, software
packages; his publications have more than 50 independent citations in Web of
Science. He was invited lecturer at international conferences and workshops.
5 - Luca Giommoni.indd 172 8.9.2011 13:45:10
PANEL 10: LEGAL ISSUES
1 - Boban Simic.indd 173 8.9.2011 14:06:17
1 - Boban Simic.indd 174 8.9.2011 14:06:17
175 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 10: LEGAL ISSUES
COMPARATIVE REVIEW OF LEGAL STATUS OF POLICE IN CRIMINAL
PROCEEDINGS
AUTHORS:
Boban Simi, eljko Nika and Marija Blagojevi

ABSTRACT
PURPOSE:
The reason for writing the paper is more complete and more comprehensive
understanding of criminal police office in the modern criminal process sys-
tems.
DESIGN/METHODOLOGY/APPROACH:
The comparative method was used in the preparation of this paper.
FINDINGS:
The position (rights and obligations) law enforcement agencies - the police
are in modern criminal process systems precisely regulated norms of positive
law. On the one hand provides the legal basis for the treatment of these organs,
affects the efficiency and regularity in the work of these bodies in preventing
and combating crime in all forms and manifestations, and on the other hand,
has to have a secure and guarantee the position of the suspect or defendant
in the authorities of criminal repression and protection of his freedoms and
rights. Therefore, all the procedural laws of modern democratic legal systems
very precisely determine the position and actions of the police and the relation-
ship of these bodies as with other criminal justice and in respect of persons
for whom there is suspicion or reasonable suspicion of having committed a
criminal act. In this respect, in accordance with the state of modern compara-
tive solutions could reorganize conceptual stage of pre-trial proceedings, so as
to delegate non-judicial authorities - the state prosecutor and law enforcement
authorities, provided that the restriction of fundamental freedoms and rights
determined by the court or that such decisions and actions brought under the
mandatory control of the court. In this way, ensure the probative force of the
factual material obtained from the actions of these authorities.
1 - Boban Simic.indd 175 8.9.2011 14:06:17
176 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
COMPARATIVE REVIEW OF LEGAL STATUS OF POLICE IN CRIMINAL PROCEEDINGS Boban Simi, eljko Nika ...
ORIGINALITY/VALUE:
Procedural status of law enforcement agencies has become very topical with
the advent of the increasing volume of the most serious forms of crime which
has affected our society today. Specifically, severe crime of violence and or-
ganized crime are all more common in our society, and social reaction should
have the appropriate tools for their prevention, detection and prosecution.
Given the technical and professional capacity, and operational experience,
law enforcement can be most efficiently to counter the most serious forms of
criminal conduct and to provide financial and personal sources of evidence
required for the lawful application of criminal repression, as a legal means
of coercion in order to protect the legal order and society as a whole. For all
these reasons, the chosen theme offers original comparative legal solutions of
modern state whose procedural forms are designed to police to provide evi-
dence for the successful launch and completion of the criminal proceedings.
In this way, this issue becomes even more important and topical.
KEYWORDS:
crime, criminal law, police, investigation
ABOUT THE AUTHORS:
Boban Simi, MA, Lecturer Academy of Criminalistic and Police Studies, 196
Cara Duana Str., 11080 Zemun-Serbia, Phone: +381 63 7785 030, boban.
simic @ kpa.edu.rs. He has authored or co-authored over thirty technical and
scientific papers. He participated on eight international conferences.
eljko Nika, PhD , Associate Professor, Academy of Criminalistic and Police
Studies, 196 Cara Duana Str., 11080 Zemun-Serbia, Phone: +381 64 8927
654, zeljko.nikac@kpa.edu.rs. Author of several papers, articles, monographs
and collections of regulations, a participant in many scientific and profes-
sional conferences with international participation.
Marija Blagojevi, MA, Research Fellow, Academy of Criminalistic and Po-
lice Studies, 196 Cara Duana Str., 11080 Zemun-Serbia, Phone: +381 65 979
1104, marija.blagojevic@kpa.edu.rs. Author of several papers, articles, a par-
ticipant in several international and national conferences in the field of secu-
rity and protection.

1 - Boban Simic.indd 176 8.9.2011 14:06:17
177 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 10: LEGAL ISSUES
UNDERCOVER INVESTIGATION IN ROMANIA LEGISLATIVE ASPECTS
AUTHOR:
Mirela Gorunescu
ABSTRACT
PURPOSE:
The purpose of the article is to present the legal framework initiated by the
Law no. 218/2003, which amended the Romanian Criminal Procedural Code,
and some of the doctrinal and practical problems related to an undercover
investigation. Some important issues will be pointed out, such as the un-
dercover investigator and the instigation to crime, the limits of undercover
investigation, the legal bases for the lack of imputability.
DESIGN/METHODOLOGY/APPROACH:
The article is based on a review and analysis of Romanian legislation and
the Romanian doctrine in the field of undercover investigation, published in
books and periodicals.
FINDINGS:
In the judicial activity, the undercover investigation is proved to be a very
efficient investigative tool, but some of the practical aspects are only super-
ficially or slightly transposed in a correct theoretical and legal framework.
According to some expert opinions, the undercover investigator is a crime
instigator and all the proofs he/she manages to get are not valid because they
are illegally obtained, by provoking the criminal behavior. That is why in
2009 the Romanian legislator adopted a new Penal Code (which will enter
into force in 2012) and created a new general legitimate cause. This cause
will exclude the criminal character of a fact, when it is committed due to the
law or to the legitimate authority order. In this way, the limitation of the un-
dercover investigation action will be clearer than today: the investigator will
not be considered a participant to the crime anymore, because the society
will not reproach the facts, and there will be a clear legal framework base to
exonerate him/her from criminal liability.
2 - Mirela Gorunescu.indd 177 8.9.2011 14:06:35
178 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
UNDERCOVER INVESTIGATION IN ROMANIA - LEGISLATIVE ASPECTS Mirela Gorunescu
ORIGINALITY/VALUE:
The paper is a comprehensive overview of the history and development of
performing undercover investigations in Romanian criminal trial, supported
by specialized legislation.
KEYWORDS:
criminal investigation, undercover investigation, undercover investigator
ABOUT THE AUTHOR:
Mirela Gorunescu, Ph.D., Assistant professor of criminal law, Head of Crimi-
nal Law Department, Police Faculty, Police Academy, Bucharest, Romania.
E-mail: mire_gor@yahoo.com.

2 - Mirela Gorunescu.indd 178 8.9.2011 14:06:35
179 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 10: LEGAL ISSUES
HEARING OF AN EXPERT IN MATTERS OF TRAFFIC ACCIDENT CRIME IN
POLISH CRIMINAL PROCEEDINGS
AUTHOR:
Arkadiusz Pikulik
PURPOSE:
The goal of this article is to present results of research of legal practitioners
gained during hearing of an expert in the cases of traffic accident crime that
are held before Polish criminal courts. The author has conducted a research
concerning cases in which procedural justice authorities call experts who
provide an experts reports. On this basis, research has been done to deter-
mine mechanisms of conducting an expert testimony and goals of such pro-
ceedings. On this basis, the author will try to provide the answer whether the
way expert testimony is applied in practice.
DESIGN/METHODOLOGY/APPROACH:
During the writing of this article the author uses the following methods:
Analysis of expertise literature;
Survey research conducted among experts on traffic, car accident recon-
struction, car mechanics who all act on the area of operation of six courts
of appeal in Poland
Survey research conducted among judges and public prosecutors;
The goal of the author is to provide answers on the following questions:
a. asked to the experts:
What are the reasons for expert testimony?
How often questioning of an expert during a hearing was needed?
How often one is questioned during a court proceedings?
b. asked to the judges and public prosecutors
If a report provided by an expert is incomplete or unclear or if there is
a contradiction in it what procedural steps do you perform?
If during one case there is more than one report (done by the experts
of the same expertise) and there is a contradiction between them how
do you remove this contradiction?
3 - Arkadusz Pikulik.indd 179 8.9.2011 14:06:53
180 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
HEARING OF AN EXPERT IN MATTERS OF TRAFFIC ACCIDENT CRIME IN POLISH ... Arkadiusz Pikulik
On the basis of responses the author will draw conclusions which will illus-
trate the state of practice concerning the expert testimony in cases of traffic
accidents. Assessing the results of the research, the author will compile them
with the theoretical model of the expert testimony and indicate the diver-
gences between practice and theory.
ORIGINALITY/VALUE:
The article is the first study on the practice of the Polish courts and prosecu-
tors offices and the general environment of forensic experts. This includes
results of the survey conducted among experts and judges and public pros-
ecutors concerning expert testimony in cases of traffic accident crime.
KEYWORDS:
expert testimony, car accidents, scientific evidence, control of scientific evi-
dence, reconstruction of traffic accidents
ABOUT THE AUTHOR:
Arkadiusz Pikulik, MA is a graduate of the Faculty of Law and Administra-
tion of the Nicolaus Copernicus University in Torun. He is currently a PhD
student in the Department of Criminology of the same faculty and a trainee
lawyer at the District Bar Council in Torun. A member of the Polish Forensic
Society and WSiSW UE European Center NATOLIN Forum. His research in-
terests focus on the problems of traffic accidents, especially on expert reports
on them, inspection of the accident scene and personal sources of evidence.
He is a legal expert in the field of forensic reconstruction of traffic accidents
in the District Court in Bydgoszcz. In 2010 he completed postgraduate studies
in the field of Traffic Safety and Motor Expertise on the specialty - reconstruc-
tion of traffic accidents, organized by the Warsaw University of Technology,
the Military Academy of Technology, Institute of Road Transport and the Ap-
praisers Association of Automotive Technology and Traffic EKSPERTMOT.
Contact details: email: arkadiusz.pikulik@gmail.com, phone: +48607274842.
3 - Arkadusz Pikulik.indd 180 8.9.2011 14:06:53
181 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 10: LEGAL ISSUES
THE BASES AND BOUNDARIES OF NOTIFICATION OF CRIMINAL
INTELLIGENCE ACTIVITIES
AUTHOR:
Tanel Jrvet
ABSTRACT
PURPOSE:
The objective of the presentation (paper) is to provide an overview of the
boundaries of notification of criminal intelligence activities and of the pos-
sibilities of appeal in criminal proceedings. Failure of notification of criminal
intelligence activities is regarded from the point of views of informational
self-determination and other fundamental rights. At an end of the presenta-
tion, suggestions are provided on how to better ensure the protection of fun-
damental rights impaired by intelligence activities. The European Commission
for Democracy through Law (Venice Commission) has pointed out, regarding
the complaint procedures of the intelligence activities of security agencies that
a balance must be struck between the need to guarantee fundamental rights and
secrecy.
DESIGN/METHODOLOGY/APPROACH:
In respect to the theory, the method of analysis and synthesis was used. For
reflecting the statistics of criminal intelligence, a quantitative research meth-
od was utilized.
To achieve the objective, Estonian criminal intelligence statistics were ana-
lyzed in order to assess:
1. The scope of criminal intelligence in criminal proceedings.
2. The scope of notification in criminal intelligence.
FINDINGS:
The results of the paper show that the bases for non-notification are too
wide. Therefore, persons are not secured the informational self-determina-
tion rights and the right of appeal. There is a need for criteria to assess which
4 - Jarvet Tanel.indd 181 8.9.2011 14:07:06
182 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
THE BASES AND BOUNDARIES OF NOTIFICATION OF CRIMINAL INTELLIGENCE ACTIVITIES Tanel Jrvet
cases and when persons may be left non-notified in order to ensure the se-
crecy of intelligence activities.
RESEARCH LIMITATIONS/IMPLICATIONS:
This paper analyzes the legal remedies within the law of Estonian criminal
intelligence activities, comparative to the European Convention on Human
Rights, the recommendations of the Council of Europe, the jurisprudence
of the European Court of Human Rights and Estonian judicial practice; and
makes proposals for specifying the remedies relating to de lege ferenda crimi-
nal intelligence activities.
The paper covers only the procedures of criminal intelligence and appeal pro-
ceedings. Further study is necessary to identify the bases and boundaries of
non-notification and appeal proceedings from the aspect of the intelligence ac-
tivity of security agencies (Security intelligence). And definitely the right of a
person to access the information collected from intelligence operations.
PRACTICAL IMPLICATIONS:
Because the same problems have also occurred in other European countries,
the Estonian experience in 2011 will also benefit other countries.
ORIGINALITY/VALUE:
The Estonian Parliament (February 2011) adopted the law of amendments of
the Criminal Procedure Code and related laws. The surveillance regulations
will be entered in the Law of Criminal Procedure; and the intelligence related
activities entered in the special laws governing the activities of investigation
authorities. Changes will take effect beginning 2012. However, in the chang-
es, the bases for non-notification have been provided in very general terms.
The Estonian Minister of Justice has formed a committee which shall, by
October 2011, assess the necessity of change of criminal intelligence activi-
ties relating to criminal proceedings. The study findings can be used in the
assessment of the bases and boundaries of non-notification of intelligence
activities and efficient complaint proceedings more specifically, for prepa-
ration of relevant criteria.
KEYWORDS:
criminal intelligence, rule of law, European Court of Human Rights, funda-
mental rights, access to courts, criminal proceedings, notification of intel-
ligence activities
4 - Jarvet Tanel.indd 182 8.9.2011 14:07:06
THE BASES AND BOUNDARIES OF NOTIFICATION OF CRIMINAL INTELLIGENCE ACTIVITIES
183 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Tanel Jrvet
ABOUT THE AUTHOR:
Tanel Jrvet, MA, is a lecturer of Surveillance and Penal Law at the College
of Police and Border Guard, Estonian Academy of Security Sciences and a
former Investigator of the Estonian Central Criminal Police. Main Research
Topics: Criminal Intelligence, Surveillance Law, informational self-determi-
nation. Academy of Security Sciences, Tilgu tee 55c, 76905, Muraste Vil-
lage, Harku, Harju County, Estonia, e-mail: tanel.jarvet@sisekaitse.ee, Tel.:
+372517 3798.
4 - Jarvet Tanel.indd 183 8.9.2011 14:07:06
184 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
PANEL 10: LEGAL ISSUES
THE SIGNIFICANCE OF CRIMINALISTICS IN PROSECUTORIAL
INVESTIGATION SYSTEMS AN EXAMPLE OF THE REPUBLIC OF SRPSKA
AND B&H
AUTHORS:
Mile ikman, Mile Matijevi and Branislav Simonovi
ABSTRACT
PURPOSE:
The purpose of this paper is to highlight the importance of criminalistics in
criminal procedure systems where prosecutorial investigation is applied. Spe-
cifically, the concept of the prosecutorial investigation is characterized by
the pronounced role of the prosecutor and authorized officials of the police
in the investigation. Actually, their main activity comes down to dismantling
and proving the criminal offences. In this context special place is given to
criminalistics, particularly in terms of taking certain actions of obtaining evi-
dence (tactics). It is often pointed out as a problem of the lack of professional
competence of prosecutors when it comes to the investigation, in terms of
complying with the rules of criminalistics in taking certain actions of obtain-
ing evidence. This paper will give a short overview of this problem in the
Republic of Srpska and B&H. It is highly likely that this issue has been (or
will be) present in some countries in the region, due to similar systems of
education and training of prosecutors (Law study programs with very poor or
without any kind of involvement in criminalistics).
DESIGN/METHODOLOGY/APPROACH:
In addition to previously published sources, which mostly concentrate on the
practical implementation of the concept of prosecutorial investigation in B&H
and RS, the authors of this paper, having implemented empirical study, titled
The representation and use of criminal knowledge by the prosecutor in the
investigation, have, also, obtained new experiential material that has been
especially suitable for this paper.
5 - Mile ikman.indd 184 8.9.2011 14:07:22
THE SIGNIFICANCE OF CRIMINALISTICS IN PROSECUTORIAL INVESTIGATION SYSTEMS
185 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
Mile ikman ...
FINDINGS:
Prosecutorial investigation has been introduced in criminal procedural legis-
lation of the Republic of Srpska and Bosnia and Herzegovina as a European
trend. Thus, the prosecutor has taken over the complete control of the inves-
tigation by managing it and supervising the work of the authorized officers.
More active role of the prosecutor in the investigation is followed by equal-
ly active and more significant role of authorized officers (police officers).
Evidence obtained in the investigation by the police are fully applicable if
collected in a lawful manner (primarily under the supervision of the pros-
ecutor). The key to a successful investigation in terms of this concept is the
cooperation between police and prosecution, that is, their synergy. Besides
that, the responsibility over the investigation is shared between the police
and prosecutors.
Therefore, prosecutorial investigations in general, and the current concept of
investigation in the Republic of Srpska and Bosnia and Herzegovina requires
the direct participation of prosecutors in the very investigation and in the pro-
cess of obtaining evidence. On the other hand, how successful the process of
obtaining evidence will be depends on the manner in which it is applied (tac-
tics), which is, again, influenced by knowledge of the rules of criminalistics.
Perhaps this is the weakest link in the actual concept of the investigation, not
because of disadvantages of the concept of prosecutorial investigation (which
are, of course, present, but not crucial), but due to the lack of systemic study of
the area of criminalistics, and therefore the lack of adoption of the criminalis-
tics knowledge and skills by current and future prosecutors. In fact, at most law
faculties in the Republic of Srpska and B&H, criminalistics is not studied in a
systematic and comprehensive manner, but as an optional subject, or possibly
as onesemester mandatory subject. Also, programs of continuing education
of prosecutors do not include or include only in small percentage the contents
from criminalistics as a system (tactics, techniques, methods, operations, strat-
egy), but, instead, provide a partial insight into relevant topics within other
forms of training. Therefore, it is appropriate to indicate the necessity of ad-
ditional training of prosecutors regarding the tactics of application of certain
actions for obtaining evidence, that is, the adoption of basic criminalistics
knowledge and skills. This is supported by the fact that problems in the inves-
tigation usually appear in the process of obtaining evidence. The reasons are
clear. Police are those who obtain evidence in most cases, while prosecutors
are included in it only occasionally. The problem arises when a certain failure
occurs in obtaining evidence or when gathered evidence should be made law-
ful (to ensure the control of the prosecutor). According to that, both police
and prosecutors agree that the operative part of the investigation should be the
5 - Mile ikman.indd 185 8.9.2011 14:07:22
186 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
THE SIGNIFICANCE OF CRIMINALISTICS IN PROSECUTORIAL INVESTIGATION SYSTEMS Mile ikman ...
responsibility of authorized officers, while the legal part of the investigation
should be conducted by the prosecutor. Of course, the course of the whole
investigation should be supervised by the prosecutor so that evidence gathered
during the investigation has valid evidentiary significance.
RESEARCH LIMITATIONS/IMPLICATIONS:
Limitations and difficulties in the study are related to data collection, and related
standard difficulty in working with qualitative methods such as methods of anal-
ysis of the Content and focus group interviews, which were used in the paper.
PRACTICAL IMPLICATIONS:
The authors believe that the analysis of experiences in the Republic of Srpska
and Bosnia and Herzegovina in terms of the significance of criminalistics as
compared to systems with a dominant concept of prosecutorial investigations
could, at least partly, contribute to the scientific and professional commu-
nity in order to provide more comprehensive perspective of the dilemma that
are being vigorously discussed, or to open any other questions that have not
been considered yet.

ORIGINALITY/VALUE:
The paper should stress the importance and necessity of criminology as a
scientific discipline in the system regarding the investigation, which in par-
ticular should be represented in the work of prosecutors and police.
KEYWORDS:
criminalistics, criminalistic tactics, criminalistic methods, criminalistic op-
erations, criminalistic strategies, investigation, prosecutor, police
ABOUT THE AUTHORS:
Mile ikman, LLD, is the Head of Police Education Department in the Republic
of Srpska Ministry of Internal Affairs. He teaches Organized Crime and Crimi-
nal Methods at the Police College Banja Luka. Contact: nacelnik@education.
muprs.org.
Branislav Simonovi, LLD, is professor Criminalistics on Law Faculty at the
University of Kragujevac. He has written several books on Criminalistics.
Contact: simonov@eunet.rs.
Mile Matijevi, LLD, is professor Criminology anda Criminalistics on Law
Faculty at the Paneuropean University in Banja Luka. He worked more than
30 years in the police. Contact: direktor_vsup@education.muprs.org.
5 - Mile ikman.indd 186 8.9.2011 14:07:22
187 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
PANEL 10: LEGAL ISSUES
SOME CHANGES IN CRIMINAL INVESTIGATION IN THE LIGHT OF THE
FORTHCOMING SLOVENIAN CRIMINAL PROCEDURE ACT
AUTHOR:
Mojca Rep
ABSTRACT
PURPOSE:
Since 1991 Slovenian Criminal Procedure Act has been amended several
times. Currently prepared draft of Criminal Procedure Act dramatically
changes the Slovenian legal System from Continental to Adversary Legal Sys-
tem. The prepared draft divides current (three - phases) criminal procedure
(before the trial) into two phases: informal pre - trial criminal investigation
and a formal judicial investigation in order to eliminate certain formalities.
Mentioned changes imply a more active role of Public Prosecutor and conse-
quently contributes to some changes in the criminal investigations involving
some different aspects of work and given responsibilities.
DESIGN/METHODOLOGY/APPROACH:
For the purpose of this article current Slovenian legislation was reviewed and
compared with relevant proposed legal provisions of Criminal Procedure Act,
Police Act, State Prosecutor Act, Decree on the cooperation of the state pros-
ecutorial service, Police and other competent state bodies and institutions in
detection and prosecution of perpetrators of criminal offences and operation
of specialised and joint investigation teams, Rules on police powers, etc
FINDINGS:
Due to the mentioned changes in Slovenian legislation, the article will fo-
cus on some essential aspects regarding criminal investigations, which are
crucial for future criminal proceedings. The police will still be subordinate
by the public prosecutor. But it shall be ex officio obliged to investigate a
crime in conjunction with extended legal powers (for example ordering DNK
analysis without court order). At the same time the Criminal Procedure Act
draft provides a new type of covert surveillance, a different form of so-called
6 - Mojca Rep.indd 187 8.9.2011 14:07:38
188 CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...|CONFERENCE PROCEEDINGS
SOME CHANGES IN CRIMINAL INVESTIGATION IN THE LIGHT OF THE FORTHCOMING ... Mojca Rep
informative interviews introduces a new investigation measures and also
strengthens the role of a victim. Criminal charges will be replaced with final
report that Police will be obligated to provide for the Public Prosecutors for
their further work. And one of the most dramatic changes: The police will
be obligated to collect evidence in favor of the accused at the request of the
defense.
RESEARCH LIMITATIONS/IMPLICATIONS:
The proposed legislation is still in the stage of complementarity so it is dif-
ficult to foresee all possible aspects of the changes and the impact of those
changes not only on the current police work, but for others included as
well.
ORIGINALITY/VALUE:
This article is trying to highlight some important differences investigators
will have to face due to forthcoming changes in Slovenian legislation, espe-
cially on the field of criminal tactics, since the Police is primarily focused to
collect evidence against the suspect. Somehow is more likely that mentioned
changes will offer new opportunities for private detectives.
KEYWORDS:
criminal investigation, criminal procedure law, criminal procedure act, police
act, police work, police powers
ABOUT THE AUTHOR:
Mojca Rep, MA in Criminal Justice and Security, Assistant in Criminal Pro-
cedure Law at the Faculty for Criminal Justice and Security, University of
Maribor, Slovenia. E-mail: mojca_rep@yahoo.com.
6 - Mojca Rep.indd 188 8.9.2011 14:07:39
ROUND TABLE
7 - RAUND TABLE - Future of.indd 189 8.9.2011 14:55:02
7 - RAUND TABLE - Future of.indd 190 8.9.2011 14:55:02
191 CONFERENCE PROCEEDINGS| CRIMINALISTICS/CRIMINAL INVESTIGATION IN EUROPE: STATE OF THE ART AND ...
ROUND TABLE
THE FUTURE OF CRIMINALISTICS/CRIMINAL INVESTIGATION
DISCUSSANTS:
Darko Maver, Bojan Dobovek, Katja Drobni and other participants
THE DISCUSSION WILL FOCUS ON QUESTIONS LIKE:
What are the possibilities for further development of criminalistics/criminal
investigation as a science and university discipline in Europe? Will specializa-
tion of knowledge in regard to criminal investigation and evidence lead to even
greater number of independent sciences (forensic science, investigative psy-
chology, etc.)? What can we expect from research and development in natu-
ral, technical and social sciences that can contribute to more efficient criminal
investigation and evidence (for example: nanotechnology, microfluidics, lab-
on-a chip, remote sensing and optical technologies, brainfingerprinting, mi-
cro-expressions, IT )? What dangers can that possibly cause to human rights?
Where should we focus further research projects? How to stimulate exchange
of research results among different countries in Europe? How to stimulate po-
lice and other criminal justice institutions to finance academic research in the
field of criminal investigation and forensic sciences? Etc.
7 - RAUND TABLE - Future of.indd 191 8.9.2011 14:55:02
7 - RAUND TABLE - Future of.indd 192 8.9.2011 14:55:02
193
A
Ackermann Rolf 24
Antinori Arije 79
Areh Igor 123
Armakovi Stevan 71
B
Bernik Darja 90
Bernik Igor 85
Blagojevi Marija 175
Bokovi Goran 55
Bren Matev 171
Bryant Robin 31
Bubalovi Tadija 67
Busarevi Miroslav 65
C
Charney Noah 117
D
Deljki Irma 141
Dobovek Bojan 39, 79, 92,
115, 154, 191
Dobrescu Emilian 129
Drobni Katja 35, 191
Dvorek Anton 59, 135, 139
E
Edelbacher Maximilian 43, 79
Eman Katja 112, 154
F
Fenyvesi Csaba 121
Forca Bozidar 169
Frange Danijela 59, 135
Fritz Maj 110
G
Gadzuri Slobodan 71, 99
Giommoni Luca 171
Gorunescu Mirela 177
I
Ivanovi Aleksandar R. 151
J
Jrvet Tanel 181
Jevek Aleksander 57
K
Kabziska Joanna 131
Kamber Kreimir 52
Karas eljko 125
Keckarevi Duan 65
Kolar-Gregori Tatjana 103
Korajli Nedad 163
Kotnik Dragica 110
Kovaevi-Lepojevi Marina 165
Kralj Damir 87
Kratcoski Peter C. 79
Krteni Jasmina 127
INDEX OF AUTHORS
INDEX - 193-.indd 193 8.9.2011 14:05:54
194
L
Lali Velibor 49
Lamberger Igor 92
M
Manojlovi Dragan 151
Mastnak Matija 39, 79
Matijevi Mile 184
Maver Darko 21, 191
Meko Gorazd 27, 85, 112, 154
Mijalkovi Saa 55
Mikuli Mario 103
Milidragovi Dragan 165
Mirska Natalia 41
Modly Duko 27
Muharremi Driton 163
Mujanovi Eldan 141
N
Nei Lazar 65
Nicevi Muamer 151
Nika eljko 175
Nikoloska Svetlana 157
O
Oklevski Slobodan 101
Olteanu Gabriel Ion 129
P
Pavii Berislav 67
Petrin Marija 99
Petrovi Borislav 141
Pikulik Arkadiusz 179
Podunavac-Kuzmanovi Sanja 99
Potpari Damjan 139
R
Radmilovi elimir 52, 103
Radomirovi Aleksandar 65
Radosavljevi-Stevanovi
Nataa 71
Rep Mojca 137, 187
S
Samardi Renata 115
Schtzel Almuth 24, 107
Simi Boban 175
Simonovi Branislav 43, 184
Simonovski Ivica 157
Slak Botjan 61, 92, 115
Stolt Frank D. 69

epec Miha 144


etraji Jovan 71
etraji Igor 71
ikman Mile 49, 184
krti Draen 87
vegar Mirna 87
T
Tatomir Dragan 169
Tiar Bojan 90
Topilskaya Elena 149
Trzciski Maciej 74
Tut Ioan Liviu 94
INDEX - 193-.indd 194 8.9.2011 14:05:54
195
V
Vei Petar 67
Vukovi Slavia 167
W
Widacki Jan 41
Wjcikiewicz Jzef 37
Y
Yalyshev Stanislav 29
Z
Zori Vojkan 71, 99, 169

uni-Pavlovi Vesna 165


INDEX - 193-.indd 195 8.9.2011 14:05:54
196
NOTES
INDEX - 193-.indd 196 8.9.2011 14:05:54
197
NOTES
INDEX - 193-.indd 197 8.9.2011 14:05:54
198
NOTES
INDEX - 193-.indd 198 8.9.2011 14:05:54
199
NOTES
INDEX - 193-.indd 199 8.9.2011 14:05:54
200
NOTES
INDEX - 193-.indd 200 8.9.2011 14:05:54
201
NOTES
INDEX - 193-.indd 201 8.9.2011 14:05:54
202
NOTES
INDEX - 193-.indd 202 8.9.2011 14:05:54
203
NOTES
INDEX - 193-.indd 203 8.9.2011 14:05:54
204
NOTES
INDEX - 193-.indd 204 8.9.2011 14:05:54
205
NOTES
INDEX - 193-.indd 205 8.9.2011 14:05:55
INDEX - 193-.indd 206 8.9.2011 14:05:55