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NOUTI EDITORIALE EDITORIAL NOVELTIES

FORENSIC ART
At the beginning of this year was published the work
Forensic Art, author Florin Lzu, famous forensic
expert within Bihor Police Inspectorate, member of
Romanian Forensic Association.
The work presents scientically the procedures
of creating the robot portray, using the method of
graphic and computerised composition,
upon the description of the
victims witness. Focusing
on traditional technique of the
sketch of portray made by pencil,
the author presents, gradually, in
an explanatory manner, the stages
of performing a portray.
The work is also fully
illustrated, offering solutions for the
performance of computerised ageing
of face in cases of disappearance of
underage children as well as of those
who evade criminal prosecution.
The author emphasizes
the techniques applied in face
reconstruction, post-mortem, as well
as in the process of recreation of the
physiognomy of a person.
As the author states, the work serves to forensic
experts and to any police ofcer, interested to identify
his skills, qualities, as well as his lacunae and aws
which he has when he is involved in such activity,
namely the creation of a portray, in the context of one
of the three components approached: robot portray,
face ageing and post-mortem face reconstruction.
With the occasion of Romanian Police
Anniversary, March 25th 2011, during a scientic
session, it was launched the book Forensic
Art. About the content and importance of work
spoke: Mr. Viorel Gavra, prime-prosecutor
of Prosecution Service attached to Bihor
Tribunal, the chief commissary Adrian
Bucur, Bihor Police Inspectorate chief and
chief commissary Nicolae erfezeu, head
of Forensic Service within Bihor Police
Inspectorate.
The work was elaborated, under
exceptional conditions, by PRIMUS
Publishing House of Oradea. For those
interested to buy the work, which costs
70 lei/piece, they may address to the
author at Bihor Police Inspectorate,
mobile phone 0745.098.111.
V. LPDUI
FORENSIC INVESTIGATION
OF OFFENCES CONCERNING
THE WORKS OF ART AND
ARCHAEOLOGICAL
ARTEFACTS
Pursuant to the studies and
investigations performed both in
the country and abroad, Mrs. univ.
lect. dr. Gabriela Matei elaborated
the work Forensic Investigation of
Offences Concerning the Works of Art
and Archaeological Artefacts. By this
work, the author approaches multiple
issues from forensic and juridical point
of view, as well as related to the activity
of cultural patrimony.
Mrs. Gabriela Matei studied the older
and newer casuistry, extracting very
carefully the stages of investigation, the
forensic methods used and the conclusions
drawn. The main quality of the book is that
it manages, for the rst time in our country, to present
norms of forensic investigation for the offences in the
eld of cultural patrimony.
The book represents as the famous
univ. prof. dr. Emilian Stancu shows in Foreword
an extremely attractive lecture also for the great
public highly interested in works of art
and archaeological artefacts. The details,
generously presented by the author, about
the history of false, very rich casuistry
which include as well famous thefts of
works of art and archaeological artefacts,
some of them inedited, presented by the
persons who contributed, in a way or
other, to the recovery of the disappeared
objects cases of destructions and
breakdowns of monuments, some
of them also inedited, assign to the
work an authentic and indubitable
attractiveness.
The book was elaborated
under special graphical conditions
by the Publishing House Universul
Juridic with the support of the
National Museum of State Dimitrie
Gusti.
V. LPDUI
Since March 2011 the Romanian Journal of Forensic Science
was passed in B+ Category by the National Board for Scientic Research
in the Higher Education (N.B.S.R.H.E.) - Code 687 (N.B.S.R.H.E.)
TABLE OF CONTENTS
Pag.
641. FORENSIC SCIENCE IN 2010
VASILE LPDUI,
PANTELIMON BOTIN
646. WHEN FORENSIC EVIDENCE DYNAMITES THE
FALSE APPEARANCES OF A SUICIDE
VIOREL GHEORGHE GAVRA
648. AIR TRAFFIC ACCIDENT DATED 26.07.2010 FROM
BUCEGI MOUNTAINS, BRAOV
MARIUS IACOB
NICOLAE LUPULESCU
656.UNIVERSITY PROFESSOR DR. EMILIAN STANCU,
AWARDED BY ROMANIAN ACADEMY
GABRIELA MATEI
657. WHO ELSE HAS FINGERPRINTS?
MUGUREL DOGARU
VALENTIN GHEORGHE
659. NEW TECHNIQUES USED IN DACTILOSCOPY
SORIN GFEI
665. TERRORISM HISTORICAL REFERENCES (II)
VASILE LPDUI
669. ATYPICAL EXPERTISES OF TRACE EVIDENCE
GHEORGHE PESCU
PAUL CHENDE
672. A VALUABLE CRIMINAL AND FORENSIC
SPECIALIST CONF. UNIV. DR. CONSTANTIN DUVAC
VASILE LPDUI
673. A BRIEF ANALYSIS OF THE CRIMES FROM THE
CATEGORY OF CYBERCRIMES INCRIMINATED
BY LAW NO. 161/2003 AND BY THE FUTURE
ROMANIAN CRIMINAL CODE
GHEORGHE-IULIAN IONI
682. PUBLICITY OF REAL RIGHTS
NICOLAE GROFU
683. OBSERVATION CONCERNING DIGITAL EVIDENCE
ADRIAN CRISTIAN MOISE
688. HOMICIDE, SUICIDE OR ACCIDENT?
IONU-VALENTIN NICULACHE
DUMITRU NEAGU
VASILE DANU
10 RON
Editor: Romanian Forensic Association,
Dacia Avenue no. 55, district 1, phone 021 210.33.44
Typography: Marius Rou
I.S.S.N. 2069-2617
The journal was elaborated by Romanian Forensic Association and recognized by the Romanian Government as being of public
utility, by way of the Resolution no. 1240/2005; Certicate of Registration of the Legal Person without patrimonial purpose no. 17
from 26.02.2002, issued by the Court of Law of District no. 3, Bucharest; Authorization no. 44/PJ/2002, 80-3/12.997; scal code
no. 14523220; new account: 2511.E01.0.564199.0080.ROL.6;
IBAN code RO58RNCB0080005641990006 - B.C.R., Sala Palatului Branch, Bucharest; Certicate of Registration
of the Brand at O.S.I.M. no. 78602
www.asociatiacriminalistilor.ro; asociatiacriminalistilor@yahoo.com
Editor: Vasile LPDUI
Deputy managing editor: Nicolae GROFU
Editors: Cristian DIACONESCU, Nicolae SAVU, Stelua GREJDINOIU, Renata-Minodora WATSON
Mihaela Irina CONSTANTINESCU, Marin RUIU, Horaiu MNDESCU, Cristian DUMITRESCU
Translation: Rzvan DOBRCEANU, Renata Minodora WATSON and Ioana VASILE
Treasurer: Mihai IVANICI
Editorial secretary general: Alexandru BARBU
Chairman of the Auditors Committee: economist COSTIC TNASE
Advertising and distribution: Liviu OPREA and Mihai IVANICI
Accountancy: ILEANA-CAMELIA GRIGORE
Phone: 021.210.33.44; 0721599552; E-mail: asociatiacriminalistilor@yahoo.com
Photo: Rzvan RIZEA, Emanuel APETREI and Mihai MRZA
The journal was founded in March 1999 by the prof. VASILE LPDUI
Romanian Journal of Forensic Science was assessed and classied
by the National Board for Scientic Research in the Higher Education (N.B.S.R.H.E.)
at the category B+ with the Cod 687 (N.B.S.R.H.E.)
The authors are liable for the content
of the articles published.
THE SCIENTIFIC BOARD
Honorary Chairman:
Academician Marius SALA,
vice-chairman of the Romanian Academy
Chairman:
Univ. prof. Lazr CRJAN PhD, chairman of Romanian Forensic
Association, dean of the Faculty of Law within the Spiru Haret University;
Vice-chairmen:
Univ. lecturer Iancu TEFAN PhD,
Romanian University of Sciences and Arts Gheorghe Cristea;
Associate professor magistrate major general (r) Dan VOINEA PhD;
main vice-chairman of Romanian Forensic Association;
Police quaestor Gabriel RU, director of Forensic Science Institute
within General Inspectorate of Romanian Police;
Univ. prof. Petre BUNECI PhD, dean of the Faculty of Law
within the Ecological University;
Police quaestor Jnic ARION-IGNAU PhD, general manager
of Anti-Corruption General Directorate;
Associate professor chief commissary Constantin DUVAC PhD;
Police quaestor Vasile VIOREL PhD, director of General Directorate
of Bucharest Police;
Associate professor Gheorghe PESCU PhD,
Dimitrie Cantemir University;
Members:
Univ. prof. Tudorel BUTOI PhD, Spiru Haret University;
Univ. prof. habilitated dr. Mihail GHEORGHI,
Free International University of Moldova;
Associate professor Gheorghe GOLUBENCO PhD,
Free International University of Moldova;
LAZARENKO LINA, Forensic Science Institute of the Republic of Lithuania;
Eng. Ctlin GRIGORA Phd, professor at the University of Colorado
Denver, U.S.A.
Prof. Saverio FORTUNATO PhD, chairman of CSI-PERITI E CONSULENTI
FORENSI Firenze, Italy;
Vladislav YANEV, Institute of Forensic Science and Criminology
of Ministry of Interior Bulgaria;
Main police quaestor Aurel VLDULESCU PhD;
Univ. prof. Valentin IFTENIE PhD, National Institute
of Forensic Medicine Mina Minovici;
George BLAN PhD, Superior Council of Magistracy;
Eng. Mircea FIERBINEANU, judicial expert;
Division general (r) Gavril Dorelu RMUREAN,
member of Romanian Forensic Association;
Chief commissary ROMIC POTORAC,
deputy director of Forensic Science Institute;
Viorel-Gheorghe GAVRA, prime prosecutor of Prosecution Department
attached to Bihor Tribunal;
Chief commissary Crian-Mucenic LZUREANU,
manager of the Kennel Center, Sibiu;
Univ. lecturer Nicolae GROFU, Al. I. Cuza Police Academy;
Chief commissary Viorel COROIU, Al. I. Cuza Police Academy;
Univ. lecturer Pantelimon BOTIN, Titu Maiorescu University;
Univ. lecturer major general (r) Ioan HURDUBAIE, executive director
of the International Agency for Crime Prevention and Security Policies;
Univ. lecturer Gheorghe-Iulian IONIT PhD, Romanian-American
University Bucharest;
Associate professor Nicolae VDUVA PhD, Romanian University
of Sciences and Arts Gheorghe Cristea;
Eng. Anca BLAN, general manager of the Chronos company;
Col. Vasile DOAN, prosecutor National Anticorruption Directorate;
Chief commissary Ionel NECULA, Forensic Science Institute;
Jurist Ciprian IONESCU, Romanian Commercial Bank;
Chief commissary Grigore PTRU, chief of the Forensic Science Service
of General Directorate of Bucharest Police;
Univ. lecturer Gabriela MATEI PhD, Ecological University;
Univ. lecturer Constantin DRGHICI PhD, Romanian University
of Sciences and Arts Gheorghe Cristea;
Univ. lecturer Florin BOBIN PhD, Spiru Haret University of Craiova;
Lawyer Adrian-Cristian MOISE PhD;
Cristian DUMITRESCU PhD, Romanian Commercial Bank;
Univ. lecturer Sorinel CRUU, Al. I. Cuza Police Academy.
640 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
TABLE DE MATIRES
Pag.
641. LA CRIMINALISTIQUE EN 2010
VASILE LPDUI,
PANTELIMON BOTIN
646. QUAND LES PREUVES MDICO-LGALES
SUPPRIMENT LES FAUSSES APPARENCES D UN SUICIDE
VIOREL GHEORGHE GAVRA
648. L ACCIDENT D AVIATION DE 26.07.2010
DANS LES MONTAGNES BUCEGI, BRAOV
MARIUS IACOB
NICOLAE LUPULESCU
656. LE PROFESSEUR DE LUNIVERSIT DR. EMILIAN
STANCU, PRIM PAR LACADMIE ROUMAINE
GABRIELA MATEI
657. QUI A AUSSI DES EMPREINTES PAPILLAIRES?
MUGUREL DOGARU
VALENTIN GHEORGHE
659. DES NOUVELLES TECHNIQUES UTILISES DANS
LA DACTYLOSCOPIE
SORIN GFEI
665. LE TERRORISME DES REPRES HISTORIQUES (II)
VASILE LPDUI
669. UNE ATYPIQUE EXPERTISE DES TRACES
GHEORGHE PESCU
PAUL CHENDE
672. UN PRATICIEN ET UN THORICIEN D UNE GRANDE
VALEUR EN MATIRE DU DROIT PNAL
ET DE LA CRIMINALISTIQUE MATRE DE CONFRENCE
DR. CONSTANTIN DUVAC
VASILE LPDUI
673. UNE BRVE ANALYSE SUR LES CRIMES
INFORMATIQUES SPCIFIES DANS LA LOI NO. 161/2003
ET DANS LE NOUVEAU CODE PNAL ROUMAIN
GHEORGHE-IULIAN IONI
682. LA PUBLICIT DES DROITS RELS
NICOLAE GROFU
683. DES CONSIDRATIONS EN CE QUI CONCERNE
LES PREUVES DIGITALES
ADRIAN CRISTIAN MOISE
688. HOMICIDE, SUICIDE OU ACCIDENT?
IONU-VALENTIN NICULACHE
DUMITRU NEAGU
VASILE DANU
Theoretical and practical solutions are the
opinions of the authors of articles published
C U P R I N S
Pag.
641. CRIMINALISTICA N 2010
VASILE LPDUI,
PANTELIMON BOTIN
646. CND PROBELE MEDICO-LEGALE DINAMITEAZ
APARENELE MINCINOASE ALE UNEI SINUCIDERI
VIOREL GHEORGHE GAVRA
648. ACCIDENTUL AVIATIC DIN 26.07.2010 DIN MUNII
BUCEGI, BRAOV
MARIUS IACOB
NICOLAE LUPULESCU
656. PROFESOR UNIVERSITAR DR. EMILIAN STANCU,
PREMIAT DE ACADEMIA ROMN
GABRIELA MATEI
657. CINE MAI ARE AMPRENTE PAPILARE?
MUGUREL DOGARU
VALENTIN GHEORGHE
659. NOI TEHNICI UTILIZATE IN DACTILOSCOPIE
SORIN GFEI
665. TERORISMUL REPERE ISTORICE (II)
VASILE LPDUI
669. EXPERTIZ TRASEOLOGIC ATIPIC
GHEORGHE PESCU
PAUL CHENDE
672. UN VALOROS PENALIST I CRIMINALIST
CONF. UNIV. DR. CONSTANTIN DUVAC
VASILE LPDUI
673. O SCURT ANALIZ A INFRACIUNILOR
DIN SFERA CRIMINALITII INFORMATICE
INCRIMINATE N LEGEA NR. 161/2003
I N NOUL COD PENAL AL ROMNIEI
GHEORGHE-IULIAN IONI
682. PUBLICITATEA DREPTURILOR REALE
NICOLAE GROFU
683. CONSIDERAII PRIVIND PROBELE DIGITALE
ADRIAN CRISTIAN MOISE
688. OMUCIDERE, SUICID SAU ACCIDENT?
IONU-VALENTIN NICULACHE
DUMITRU NEAGU
VASILE DANU
TO THE ATTENTION
OF READERS
Romanian Journal of Forensic Science is available on
journals.indexcopernicus.com
INDEX COPERNICUS INTERNATIONAL
The printing approval was given by the editorial chief.
The persons interested could address
the editorial staff for the translation in English language
of each article.
TO THE ATTENTION OF READERS
AND OF COLLABORATORS!
The next issue of the journal will come out on June
2011. Those who are interested to purchase our
publication could address the forensic services from
the inspectorates of county police and from the
Bucharest Municipality Police. The materials also
given to publication, accompanied by the necessary
illustrations, will be sent to the editorial ofce, also
through the forensic services, to Forensic Science
Institute of General Inspectorate of Romanian Police.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 641
CR I MI NALI S TI CA N 20 10
FORENSIC SCIENCE IN 2010
Abstract
In this article, one presents the main problems resulted from the General Meeting of
Romanian Forensic Association, held on February 24th 2011. With this occasion, it was
analysed the activity carried out in 2010, it was elected the new Board of Directors and
Commission of Censors and it was established the Schedule of activities for 2011.
Key words: general meeting; international manifestations; activities of scientic research
and editorial activities; master studies in forensic science; drafts of normative acts; schedule
of activities.
Rezumat
n acest articol sunt prezentate principalele probleme rezultate din Adunarea general
a Asociaiei Criminalitilor din Romnia, care a avut loc n ziua de 24 februarie 2011. Cu
acest prilej s-a fcut o analiz a activitii desfurate n anul 2010, a fost ales noul Consiliul
Director i Comisia de Cenzori i s-a adoptat Programul de activiti pentru anul 2011.
Cuvinte cheie: Adunarea general; manifestri internaionale; activiti de cercetare
tiinic i editoriale; masterat n criminalistic; proiecte de acte normative; programul de
activiti.
Col. (r.) prof. Vasile Lpdui,
general secretary manager
of Romanian Forensic Association
Excerpts of the Activity Report on 2010:
Receiving new members in Forensic Association:
In 2010, 55 members were received, namely some
policemen, prosecutors, legal advisors, lawyers, forensic
physicians, master students, students and pupils of
the schools of police agents. Although the number of
association members increased continually, we must
state that the number of the members who paid the fee
in 2010 decreased.
Activities organised:
The problems of nancial crisis existent in Romania, in
2010, affected the Forensic Association as well, therefore,
some activities were abandoned or their duration was
reduced. However, the Association maintained the
prestige, being known and appreciated by the majority of
state institutions and education institutions in the country
and in the forensic departments abroad. The activities
organised, during the reference period, contributed to
the promotion and support of some technical-scientic
methods and means in the forensic and law eld with a
view to improve the judicial process.
1. International manifestations organised by the
Association:
On April 15th 2010, it was organised the 13th
Forensic Symposium with the topic: Contribution of
Romanian forensic investigators to the development of
forensic science.
The manifestation was organised with the support of
the Forensic Science Institute of General Inspectorate
of Romanian Police, the Institute for Public Order of
the Ministry of Administration and Interior. Over 400
guests participated, namely academics, appreciated
law practitioners, forensic investigators, policemen,
prosecutors, magistrates, master students and students
from the faculties of law.
The following came from abroad to participate: univ.
prof. habilitated dr. Mihail Gheorghi from Moldova
Republic, associated prof. dr. Gheorghe Golubenco
Moldova Republic, economist dipl. Petar Zdravkov
Nenov president of the International Agency for Crime
Prevention and Security Policies.
The Symposium intended to emphasize the bases
of forensic science, the appearance of this science in
Romania, the preoccupations existent on national level in
order to be obtained some valuable results by specialists,
concerning the creation and improvement of some
means, methods and work procedures placed at disposal
by contemporary science and technique. Also, during
this symposium, one paid tributes to our ancestors who
registered signicant performances in the eld of forensic
technique, tactic and method and forensic medicine.
In the organisation and preparation of this symposium,
an important contribution had: univ. prof. dr. Lazr Crjan,
univ. prof. dr. Gheorghe Popa, associate prof. dr. Dan
Voinea, police quaestor PhD candidate Gabriel ru,
general major (r.) univ. lect. dr. Ioan Hurdubaie, main
police quaestor Aurelian Vldulescu, chief commissary
642 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
Grigore Ptru, general (r.) univ. lect. dr. Pantelimon
Botin, chief commissary Mihai Ivanici, univ. lect. dr.
Constantin Duvac, eng. Anca Blan and chief commissary
Ionel Necula, chief commissary Aurelian Neacu,
engineer Mihai Bnuleasa, economist Costic Tnase,
forensic technician Nicolae Mesean, lawyer Mihaela
Irina Constantinescu, legal advisor Renata-Minodora
Watson, legal advisor Florin Grejdinoiu and economist
Ileana Camelia Grigore.
On October 27th 2010, it was organised the 14th
International Forensic Symposium with the topic: The
picking up of traces and material
means of evidence through
technical scientic ndings and
forensic expertises.
The Symposium lasted
only one day, due to the lack
of funds, including for the
celebration room of the House
of Culture we had to pay ve
million old lei per hour. The
manifestation was organised
by the Romanian Forensic
Association and the Forensic
Science Institute of General
Inspectorate of Romanian
Police, in partnership with the
International Agency for Crime
Prevention and Security Policies
and Romanian Locksmith
Association. With the last two,
the Association concluded
collaboration protocols on undetermined period.
Over 500 guests participated to the works of the
manifestation, namely members of Romanian Forensic
Association, forensic investigators, representatives of
state institutions and of Romanian Academy, policemen,
prosecutors, forensic physicians, academics, magistrates,
lawyers, judicial experts, master students and students.
There participated as well the chiefs of forensic services
of district police inspectorate and G.D.B.P. From abroad,
there came specialists from Moldova Republic, Bulgaria,
Poland and Macedonia.
The works of symposium were honoured by the
participation of: main police quaestor Ioan Nicolae
Cbulea, deputy of the chief of Department of Public
Order and Safety within the Ministry of Administration
and Interior who sent the message to the minister of
Administration and Interior, Mr. Constantin Traian Iga;
police chief commissary Alexandru Tanco, deputy of
general inspector of Romanian Police, who sent the
message to the chief of Romanian Police.
Only 25 out of 70 communications included in the
schedule could be presented. These communications
emphasized a range of new methods and techniques
which contribute to the improvement of the quality of
forensic expertises and other forensic activities carried
out during the investigation on site and in the forensic
laboratories.
An important contribution in the organisation of this
Symposium was that of: univ. prof. dr. Lazr Crjan,
associate prof. dr. Dan Voinea, univ. lect. dr. Ioan
Hurdubaie, police quaestor PhD candidate Gabriel ru,
univ. lect. dr. Pantelimon Botina, chief commissary Ionu
Crc, univ. lect. dr. Constantin Duvac, chief commissary
Grigore Ptru, eng. Mihai Bnuleasa, eng. Anca Blan,
univ. prof. dr. Gheorghe Alecu, forensic technician
Nicolae Mesean, chief commissary Mihai Ivanici, lawyer
Mihaela Irina Constantinescu, legal advisor Renata-
Minodora Watson, economist Ileana-Camelia Grigore
and an important part of the chiefs of forensic services
from district police inspectorates.
During the two symposiums, the Romanian Forensic
Association, with the support of a competent company,
organised exhibitions with the technical means used in
forensic activity as well as a specialised book stand.
Another scientic manifestation was organised
by Forensic Science Institute of G.I.R.P., the company
LAFAYETTE INSTRUMENT of U.S.A. and the company
VENUS 2000 IMPEX of Romania,
with the topic: Novelties in
polygraph technique and the
use of it in testing simulated
behaviour. Specialists in the
eld from Romania and other
countries participated to this
manifestation. An important
contribution in the organisation
of manifestation was that of
police quaestor PhD candidate
Gabriel ru, vice-president of
Romanian Forensic Association
and of Mr. Remus Popescu,
general manager of the
company Venus 2000 Impex.
2. Editorial activities
Through the nancial
efforts of Romanian Forensic
Association, with the support of
sponsors and by advertising, one managed to perform
the following:
Editing six numbers of Romanian Journal of Forensic
Science, with a run of 13.000 copies. We consider that
the articles published had a scientic character and
emphasized the novelties in the eld of forensic science,
law and forensic medicine.
According to the decisions of general meeting, it was
continued the practice of distributing for free, 500-600
copies of each number of the journal, to some members
of the Association, to the Scientic Council of the journal,
to the authors, libraries in the Ministry of Administration
and Interior, prosecution departments, faculties of law,
to some forensic departments abroad with which the
Forensic Science Institute collaborates, as well as to
some dignitaries, students and master students.
Pursuant to the improvement of the journals content
and accomplishment of the conditions imposed by the
National Council of Scientic Research of Superior
Education, the Romanian Journal of Forensic Science,
beginning with February 1st 2010, was passed in B
category. In 2011, through the actions taken, we shall
draw up the le with the necessary documents to pass
the journal in B+ category. The numbers 5 and 6/2010
were translated as well in English on the site of the
Association.
Editing a run of 1000 copies of the volume Forensic
investigation of criminal offences in the eld of organised
crimes. In this volume, one published the majority of
communications presented during the Symposium of
October 27th and 28th 2009. The paper was distributed
for free to all forensic structures, state institutions,
faculties of law, institutions of education of Ministry of
Administration and Interior, to the authors and other
persons. The paper was drawn up with the nancial
support of Mr. Petar Zdravkov Nenov, the President of the
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 643
International Agency for Crime Prevention and Security
Policies.
3. Presence of Romanian Forensic Association
to the 14th exhibition of juridical, civic, police and
administrative book, organised during the period
November 24th 27th by the Publishing House of the
Ministry of Administration and Interior.
At this exhibition, the Association presented the
Romanian Journal of Forensic Science and the works of
some members of Romanian Forensic Association. On
this occasion, on November 26th 2010, in the presence
of some forensic specialists, academics, students and
master students, the following works were released:
Elements of criminal law and criminal law proceeding,
author general major (r.) univ. lect. dr. Iancu tefan
Accident of road trafc theory and practice (vol.
I and II), author engineer Mircea Fierbineanu, judicial
technical expert
Criminality of road accident, author engineer Mircea
Fierbineanu
Violent criminality, authors: univ. lect. dr. Constantin
Duvac and col. (r.) prof. Vasile Lpdui
Forensic investigation of criminal offences in the
eld of organised crime (communications of International
Symposium of October 2009)
Treaty of forensic technique (second edition reviewed
and completed), authors: univ. lect. dr. Constantin
Drghici and associate prof. dr. Adrian Iacob.
Investigation on crime scene for terrorism acts,
author dr. Ion-Cristian Crpinean.
Appreciations on the content and practical importance
of these works were made by several participants to
manifestation. For the presence on high standard of the
stand with materials in the Book Exhibition, the organisers
offered to Romanian Forensic Association an Excellency
Diplom.
4. Activity in the Forensic Master
We are in the sixth year of existence, upon the initiative
of Romanian Forensic Association, of European forensic
master. This form of superior education is organised
in partnership with Romanian University of Sciences
and Arts Gheorghe Cristea and the Forensic Science
Institute within G.I.R.P. Last year, the fth promotion
graduated, up to present 350 master students completing
the courses.
Upon the end of the classes, sessions of scientic
communications were organised with each series, during
which the master students presented the conclusions
drawn from the studies and researches performed during
the master courses. Such communications were collected
in a volume published at the end of last year.
The master activities were highly supported by
specialists of Forensic Science Institute of G.I.R.P. and
teams of academics of Romanian University of Sciences
and Arts Gheorghe Cristea and of Romanian Forensic
Association to whom we thank respectfully.
For the activities carried out, according to the protocol
concluded, the University transferred to the Association
and Forensic Science Institute the amount of 10.000
lei, 5.000 lei of this amount being paid to the Forensic
Science Institute for the purchase of some materials
necessary to practice with master students.
5. Activity of scientic research
According to the proposals of the general meeting
of February 2010, the Board of Directors took several
actions in order to organise the activity of scientic
research on the level of Association. In this respect, it
was incorporated a department of scientic research
being appointed president Mr. engineer judicial techical
expert Mircea Fierbineanu. The members of the
commission, with Mr. legal advisor PhD candidate Iulian
Buturug and Mr. Fierbineanu took some actions to
draw up the le for the assignment to the Association of
the right to organise scientic research as well as the
le with the rst topic of scientic research. Therefore,
in 2010, the National Authority for Scientic Research,
by decision no. 909/05.08.2010, approved the right of
Romanian Forensic Association to carry out activities of
scientic research. Consequently, the Board of Directors
established the performance of 4 works of research to be
completed by the end of the year 2011.
We consider that there must be more preoccupation
on this line from the part of the Board of Directors and
those who want to participate
to the activities of scientic
research.
6. Drafts of normative acts
In 2009, a team headed by
Mr. police chief commissary
univ. lect. dr. Constantin
Duvac, drew up the Law
draft on exercising the
profession of private forensic
expert, incorporation,
organisation and operation
of the Romanian College of
Private Forensic Experts.
This draft was discussed in
the Board of Directors of the
Association and it was sent
as well to forensic territorial
structures. After receiving
the observations, the project
was improved and discussed
in the general meeting of
Association in February
2010.
644 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
Mrs. Aurelia Bistriceanu, Mr. associate prof. dr. Dan
Voinea and Mr. associate prof. dr. Gheorghe Pescu
participated to the elaboration of this law draft.
With the support of Mr. associate prof. dr. Dan Voinea,
such draft was discussed in Senate, currently being in
the Chamber of Deputies.
The team of elaboration, Mr. Constantin Duvac and the
Legal Department of Romanian Forensic Association will
continue the activity of elaboration of the other drafts of
normative acts necessary for the application of law in case
of adoption, namely: Methodological norms of application
of law (G.D.); Regulation of attesting, accreditation and
certication of private forensic expert (G.D.); Regulation
of organisation and operation of the Romanian College
of Private Forensic Experts (G.D.); Norms to approve
the methods and techniques of performance of forensic
expertises (G.D.); Regulation of organisation and
operation of the Commission of deontology and discipline
of forensic experts (G.D.); Forms used in the activity of
forensic experts (G.D.).
7. Financial exercise on 2010
The Romanian Forensic Association obtained incomes
amounting to a total amount of 158.084 lei of which:
13.925 lei representing the fees of members, 48.496
lei sponsorship of different legal persons, 9.262 lei
amounts of 2% from annual tax on the incomes of some
Romanian Forensic Association members, 12.093 lei
didactic activities, 13.000 lei advertising in the journal,
57.138 lei sale of journals, 4.170 bank interests.
On 31.12.2010, the association registers an excess
of 16.367 lei, obtained from non-prot activities and an
excess of 4.678 lei obtained from economic activities.
The nancial situation of the Journal on 31.12.2010
is the following: bank account at B.C.R. = 18.753 lei; pay
ofce account = 2.146 lei.
The commission of censors performed the control
for the period January December 2010, no irregularity
being discovered.
We appreciate the activity carried out in 2010 by Mr.
chief commissary Mihai Ivanici, association treasurer
and by Mrs. Ileana Camelia Grigore, accountant and
secretary of the association.
Negative issues
a) The disposals of the Schedule of activities were not
fullled either in 2010.
Some of the Departments of the Association did
not draw up their own schedule with the activities to be
carried out in 2010, therefore some of these did not carry
out any activity.
b) Pursuant to an article published in no. 4-2010
of Romanian Journal of Forensic Science, entitled A
Romanian forensic expert appreciated in occident,
under the signature of the editor Vasile Lpdui, Mr.
univ. prof. dr. Gheorghe Popa resigned from the position
of president of Romanian Forensic Association and from
the position of president of Scientic Council of Romanian
Journal of Forensic Science. These problems were
debated in several previous numbers of the journal and
the main aspects were presented during the Symposium
in October 2010.
The Board of Directors regretted the decision taken
by Mr. univ. prof. dr. Gheorghe Popa, deciding that the
Association must continue and must increase its role and
contribution to the development of Romanian forensic
science.
c) With respect to the law draft on exercising the
profession of private forensic expert, incorporation,
organisation and operation of Romanian College of
Private Forensic Experts, we must state that there were
situations when some of our colleagues agreed with this
law draft, however, in time, they passed on the side of
National Institute of Forensic Expertises, adopting their
law draft.
The general meeting elected with unanimous votes
the structure of the Board of Directors and Commission
of Censors.
Board of Directors:
1. Univ. prof. dr. Emilian Stancu- honourable
president
2. General-major (r.) univ. prof. dr. Lazr Crjan-
president
3. General-major magistrate associate prof. dr. Dan
Voinea- prime vice-president
4. Chief commissary univ. lect. dr. Constantin Duvac-
vice-president
5. Police quaestor dr. Arion Jnic ignau- vice-
president
6. Police chief commissary Gabriel ru- vice-
president
7. Associate prof. dr. Gheorghe Pescu- vice-
president
8. Col. (r.) prof. Vasile Lpdui- general secretary -
manager
9. Chief commissary eng. Mihai Ivanici- general
assistant secretary
10. Univ. prof. Petre Buneci- member
11. Univ. prof. dr. Valentin Iftenie- member
12. Univ. prof. dr. Tudorel Butoi- member
13. General-major (r.) univ. lect. dr. Ioan Hurdubaie-
member
14. Univ. lect. PhD candidate Marin Ruiu- member
15. Eng. judicial techical expert Mircea Fierbineanu-
member
16. Univ. lect. dr. Iancu tefan- member
17. Police chief commissary Grigore Ptru- member
18. Chief commissary PhD candidate Crian-Mucenic
Lzureanu - member
19. Engineer Anca Blan- member
20. Forensic expert PhD candidate Camelia Grigore
- member
21. Police chief commissary eng. PhD student Romic
Potorac member
22. Police chief commissary Ionel Necula- member
23. Univ. lect. dr. Constantin Drghici- member
24. Police chief commissary Aurelian Neacu-
member
25. Univ. lect. PhD candidate Pantelimon Botin-
member
26. Engineer Mihai Bnuleasa- member
27. Quaestor Vasile Viorel- member
Commission of censors:
President: Economist Costic Tnase
Members:1. Univ. lect. PhD candidate Nicolae Grofu
2. Prosecutor dr. Florin Bobin
It was also approved the structure of the departments
of Romanian Forensic Association and their presidents,
as well as the income and expenses budget on 2011.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 645
Excerpts of the Schedule of activities on 2011
Continuing the activities for the approval of the Law
Draft on exercising the profession of private forensic
expert, incorporation, organisation and operation of the
Romanian College of Private Forensic Experts.
After approving, elaborating and forwarding to
competent bodies the normative acts of application of law
disposals (methodological norms of application of law;
regulation with the procedures of attesting, accreditation
and certication of private forensic expert; norms to
approve the methods and techniques of performance
of forensic expertises; regulation of organisation and
operation of the Commission of deontology and discipline
etc).
Continuing the activities of scientic research. In
2011, the following research works will be completed:
a)Integrated system of road security;
b)New methods and techniques used in the
laboratories of judicial chemistry;
c)Methods and techniques of identifying a person in
terms of his/her characteristics;
d)Modern forensic methods and techniques used in
ballistics;
e)Contribution of entomology to judicial process.
Supporting the students on forensic master in
performing studies and researches to draw up dissertation
papers.
Organisation of international symposiums with the
following topics:
- New dactiloscopic techniques and methods of
identication of a person
The Symposium will be organised in partnership with
the Forensic Science Institute G.I.R.P., Spiru Haret
University and Titu Maiorescu University. Term: May
11th 2011.
- New forensic techniques and methods used during
the investigations on crime scene.
The Symposium will be organised in partnership with
the Forensic Science Institute G.I.R.P., Spiru Haret
University and Titu Maiorescu University. Term: October
26th 27th 2011.
Continuing to edit the Romanian Journal of Forensic
Science in Romanian and English, in 6 numbers. Taking
the legal actions for the assessment and classication
of journal by National Council of Scientic Research of
Superior Education (N.C.S.R.S.E.) in B+ category.
Organisation of two exhibitions with
forensic technical means used in the country and
abroad.
Editing, printing and releasing the paper
Contribution of Romanian Forensic investigators
to the development of forensic science. Valuation
of traces and evidence means (communications
of the two symposiums from April and October
2010).
Continuing the activities of support of
Forensic Master, organised in partnership
with Romanian University of Sciences and
Arts Gheorghe Cristea and Forensic Science
Institute of G.I.R.P.
According to the disposals of normative
acts in force, one will continue the action began
in 2006 by which the members of Association
and other persons, who are employees, may
contribute with 2% of the annual tax on wage
incomes (16%), for the Association.
For the year 2011, the fee of Association
member will be as follows: founder members = 100 lei
annually, simple members = 50 lei annually, students
exempted.
Pursuant to the withdrawal of some members of
Romanian Forensic Association, one will try to attract
new members and incorporate branches within some
state institutions, state and private universities.
The year 2010 allowed us to examine closely the life
of the Association, the contribution of its members to the
application of disposals of Statute and of the schedules
of activities. Despite all existent difculties, we must state
that, as resulted during the general meeting a great
part of our members take action in order to increase the
role of forensic science in the enforcement of justice and
in the improvement of forensic methods and techniques.
Unfortunately, some forensic investigators, more due
to nancial reasons, withdrew from the Association and
others, under the inuence of the so-called Romanian
forensic experts, try to create other associations.
I believe that we should do more for the consolidation
of our Association and branches. The Association cannot
exist, it lives by its members, it receives energy from its
members, without them the Association would not exist.
Therefore, we consider all our members as a functional
assembly. There are members of Association who have
initiatives to popularize the activities organised, to whom
we thank respectfully. It is signicant in this respect the
manner of acting of Mr. Gavra Viorel Gheorghe, prime-
prosecutor of the Prosecution Department attached
to Bihor Tribunal, member of the Scientic Council of
Romanian Journal of Forensic Science. After the general
meeting of Association, Mr. prime prosecutor with the
Bihor Police Inspectorate chief and other executive staff
of the police inspectorate, organised a press conference
where they presented in detail the activities of the
Association and of its branches in Bihor county. About
the aspects presented during the conference, the local
radio stations and television and the local newspapers
(Jurnalul Bihorean, the independent journal Criana
and Bihari Naplo) emphasized the objectives of the
Forensic Association and its role in the accomplishment
of justice.
We consider that in the future, the Board of Directors
of the Association must increase its contribution in
improving the activity of each branch and attracting a
higher number of members.
646 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
CND PR OBELE MEDI CO-LEGALE DI NAMI TEAZ
APAR ENELE MI NCI NOAS E ALE UNEI S I NUCI DER I
WHEN FORENSIC EVIDENCE DYNAMITES
THE FALSE APPEARANCES OF A SUICIDE
Abstract
Through the history, the crimes against the life of a human being represented the most
serious deviation from the rules of social cohabitation, consequently, the reaction and
attitude of society towards the authors of such crimes being in accordance to the social
value affected.
Nothing can justify this kind of act which engage in social-familial mechanism irreversible
disturbances, meant to trouble and change radically the life of the persons related socially
or affectively to the victim or criminal.
From the foregoing, it results the huge responsibility of the bodies called to manage
and perform the judicial process. In this respect, the mobilization of specialists for qualied
investigation of such crimes, under the form a complex team, is also recommended by
specialised literature, its importance being emphasized by several authors.
Key words: forensic evidence, suicide, crime scene investigation, polygraph test,
criminal prosecution.
Rezumat
De-a lungul istoriei, infraciunile contra vieii au fost cea mai grav abatere de la regulile
de convieuire social; pe cale de consecin reacia i atitudinea societii fa de autorii
unor astfel de infraciuni ind pe msura valorii sociale lezate.
Nimic nu poate justica acest gen de fapt care angreneaz n mecanismul socio-
familial perturbri ireversibile, de natur s tulbure i s schimbe radical viaa persoanelor
legate social sau afectiv de victim ori de infractor.
Din cele prezentate mai sus, rezult responsabilitatea imens ce se pune n sarcina
organelor chemate la administrarea i nfptuirea actului de justiie. n acest sens,
mobilizarea specialitilor pentru investigarea calicat a unor astfel de infraciuni, sub
forma unei echipe complexe, este recomandat i de literatura de specialitate, importana
ei ind subliniat de muli autori.
Cuvinte cheie: Probe medico-legale, sinucidere, cercetarea locului faptei, testul poligraf,
urmrirea penal.
Viorel Gheorghe GAVRA
Prime prosecutor
Prosecution Department attached to Bihor Tribunal
Means of proof have an important role in criminal
proceedings, since all steps of the judicial bodies,
of the parties and other interested persons can not
be done erratically, but only in a legal framework.
Samples have legal signicance only in such a
system.
Forensic science, in addition to its role of serving for
the detection and investigation of crime with the purpose
of nding the truth using its methodological and technical-
tactical procedures, it points out some criminal procedural
rules relating to crime scene investigation.
Criminal procedural rules are the legal frame of
manifestation for forensic procedures, and the latter
details the regulatory, creating tactical rules by which
can be obtained the necessary evidence to prove the
crime, to identify the real perpetrator, to call to account
the criminal.
As forensic evidence, the medico-legal evidence,
being the conjugate result of criminal procedural rules
and of provisions governing the conduct of medico-
legal activity, contributes substantially to clarifying some
matters of fact and it claries the status of the active
subject of the offense.
Therefore, judicial evidence obtained from forensic
and medico-legal examinations, although they are
carried out under their own procedural rules, they are
not compromising the general regulatory framework, the
Criminal Procedure Code, which provides all the criminal
procedural guarantees required for whereabouts of
truth.
Hence their signicance for the act of justice that of
contributing with the scientic objectivity of the arguments
and conclusions in order to nd out the truth in a criminal
case or another.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 647
Clearly, the contribution of forensic and medico-legal
evidence is more spectacular in cases dealing with
the investigation of offenses against life. In these type
of cases, forensic and medico-legal examinations are
virtually irreplaceable, in the sense that they can not be
solved without the expert conclusions in those areas.
For example, we can not speak about suppression of
life through an active heteroaggressive mechanism until,
by examining the corpse, the coroner nds out a cracked
picture that had been produced only by the action of a
person, so through an active strike.
At the same time, the action by which one person
suppresses another persons life is more clearly
established if the forensic evidence corroborated with
medico-legal evidence are linking the crime scene, the
circumstances in which the offense was committed and
the authors presence at the scene.
Sometimes in a criminal case investigation data lead
us in one direction, and the objective scientic data,
as noted in the nding reports and especially in survey
reports, in another direction.
In such situations it is absolutely necessary to restart
the investigation, namely to readministrate samples for
the tests performed, as well as other, and unless they
can not prove a legal fact, experts may be asked again.
From those presented, the signicant role of the two
categories of forensic and medico-legal examinations in
solving criminal cases can be inferred.
Judicial practice has shown that evidences in criminal
cases, regardless of the category they belong to,
contribute decisively to nding the truth as far as they
are gathered in compliance with the provisions of the
criminal procedure law and other legislation that include
rules relating to ndings and expertises.
The theoretical issues mentioned above have had a
practical realization in the research of the circumstances
that have led to the death of F.D.O., found dead in a
rented at where he was sitting in SMA block of Tileagd
city, this case forming the subject of le no. 708/P/2010
of The Public Prosecutors Ofce attached to the Court
of Law in Bihor.
On August 02, 2010, at around 01.00, at the persons
home has come a SMURD team which conrmed death.
The investigation team reached at the crime scene
has found a puncture-cut wound and several supercial
injuries on the chest of the corpse, futhermore after
conducting the crime scene research, it was ordered to
transport the corpse for the necropsy to M.L.S. Bihor.
After the autopsy, Dr. M.G., head of the Medico-
Legal Service in Bihor, talked with F.A.M., the wife of
the deceased, during which he found out that the corpse
had on his neck and chest numerous supercial injuries,
which were excoriations and bruises. Asking her under
what conditions had those injuries occurred F.A.M. told
the doctor that she had an altercation with her husband,
and during the research at the crime scene she said both
verbally and through handwritten statement that following
the altercation which she had with her husband, he would
have committed suicide with a kitchen knife.
The medico-legal nding no. 2541/III/275 from
08/02/2010 of the Medico-Legal Service in Oradea
County states:
1. F.D.O. dead was violent.
2. She was due to massive internal bleeding, the
consequence of the transxiante pulmonary wound and
the section of the aorta, through the action of.
3. After the nature and topography of lesions, these
can be both self-inicted and produced following a
heteroaggression, by the action of a object (knife).
4. Between violence injury (pungent-cutter wound)
and death is an unconditional direct causal link.
5. Excoriations of the neck, those above the
hemithorax and those on front of the arm were produced
by nails scratching.
6. At the time of death the victim had a alcohol level of
0.75 grams in blood.
7. Death dates of August 1st/2nd, 2010.
On 9/7/2010, F.A.M. has undergone the polygraph
test, the examination made at the Forensic Service within
the Police Inspectorate in Bihor County - has revealed
that its response to three of the relevant questions of
the case have revealed signicant changes that can be
interpreted as indicators of the simulated behavior.
Given this new evidence, the prosecutor orderd, on
October 1, 2010, a medico-legal expertise regarding
the injuries the victim presented at necropsy, with the
following objectives:
1. If the topographic location of the lesions is common
for a suicide, namely if that is a very accessible area?
2. If a right-hander can easily produce himself an
injury of such an intensity and located as the one the
victim presented?
3. Given the particularities of the crime object (kitchen
knife, blade 17x3,2 cm, wooden handle 12 cm), how
deep had to be introduced to cause damage the aorta
and how intense must be blow?
4. What was the direction of action of the blade,
namely which could be the position of the victim, of the
knife in the victims hand and its course, after he began
to penetrate the anatomical planes?
5. Which could have been the position victim-
perpetrator in the circumstances when this injury would
have been produced by another person?
6. Which option, given the medico-legal practice, is
more plausible: selnjuring or heteroaggression?
7. How have occurred, on the victims body, the injuries
mentioned in the medico-legal nding (excoriations and
bruises)?
8. If on the body were revealed specic lesions
probing suicide?
9. When did death occurre after the production of the
lesion?
The medico-legal expertise report no. 3223/II, i/88
from 10/01/2010 of the Medico-Legal Service in Bihor
County - Oradea stated:
1. The topographic location of the pierced-cut wound
is on front of the left hemithorax between medium-
clavicular and axillary line at 12 cm below the acromio-
clavicular joint, with wound paths inside the latero-median
chest, supero-inferior and pre-back (i.e. from the latero-
median side of the left hemithorax to the postero-median
aortic artery, located in the vicinity of the thoracic spine)
are less common for a suicide; both strike direction and
topographic area are less accessible for selnjuring.
2. A right-hander does not easily produce a pierced-
cut wound such as that of the victim.
3. The aorta in its ascending portion where he was
injured, is located on the left side of the spine, namely in
the area between the middle and posterior of the chest.
It follows that in order to damage the aorta the intensity
of the strike must have been great, and the knife should
have to penetrate about 15 cm in the thorax.
648 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
4. The line of action of the knife was from the left
side to the median and antero-posterior side, the blade
was at the level of the left hemithorax slightly oblique,
in a supero-inferior position, thereby entering the thorax
through the intercostal space II and III, without sectioning
any rib.Such a strike is difcult to produce with a knife
driven by the victim herself (he would have taken the
knife in his right hand, which he had to lead to a long-
range oblique supero-inferior from the body to his left and
from that position to work with the blade in slightly oblique
plane supero-inferior from the lateral to the medial and
before - back).
5. Most likely the position victim-abuser: both standing
with the aggressor in front of the victim and the knife in
the aggressors right hand. Another possible location
would be: the victim lying, in the supine position,
and the aggressor over the victim with a knife in
his right hand.
6. From the analysis of the victims violence
injuries (the topography and direction of the
pierced-cut wound, the presence of other violence
lesions on the body) and taking into account the
existence of violence lesions on the victims wife,
but also from all data in the le, we tend to believe
as plausible the heteroaggression variant.
7. The excoriation present on the body were
produced by nails scratching. They looked like
recent injuries at the time of autopsy, the most
likely products on the night of August 1st/2nd,
2010.
8. The corpse body showed no common
lesions for suicide at autopsy, as seen at many
of the bodies that commit suicide with stinging-
cutting objects.
9. Given the damage of the bodys largest
arterial vessel, respectively the aorta artery,
we believe that the victims death occurred very
quickly (no more than a few minutes).
Based on this evidence, by the resolution of
January 20, 2011 has started the criminal proceedings
against the accused F.A.M., during which she did not
recognize the act, arguing as before that the victim would
have committed suicide.
On January 21, 2011, the defendant admitted her
guilt after she was given all the evidence in the le, nally
acknowledging that she stabbed her husband in the
chest.
Through the indictment of February 4, 2011, the
defendant, F.A.M. was prosecuted for the offense of
murder, by virtue art. 174-175 of the Criminal Code,
expressing her intention, after submitting the criminal
proceedings material, to be judged under the provisions
of Law no. 202/2010.
Leziunile constatate asupra cadavrului numitului F.D.O. cu
ocazia efecturii necropsiei
ACCI DENTUL AVI ATI C DI N 26. 0 7. 20 10
DI N MUNI I BUCEGI , BR AOV
AIR TRAFFIC ACCIDENT DATED 26.07.2010
FROM BUCEGI MOUNTAINS, BRAOV
Abstract
In this article, the authors refer to the investigation of air trafc accidents, presenting in
detail the air catastrophe from Fundata Braov.
Pursuant to this event, seven persons lost their lives, six of them Israeli people and a
Romanian pilot.
Key words: investigation of aviation accidents, catastrophe from Fundata, investigation
of event place, military abbreviations and NATO, de facto situation, causes of event,
conclusions.
Division chief prosecutor Marius IACOB
deputy chief prosecutor Nicolae LUPULESCU
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 649
Rezumat
n acest articol, autorii se refer la investigarea accidentelor aviatice, prezentnd n
detaliu catastrofa aerian de la Fundata Braov.
n urma acestui eveniment, i-au pierdut viaa apte persoane, din care ase israelieni
i un pilot romn.
Cuvinte cheie: Investigarea accidentelor aviatice, catastrofa de la Fundata, cercetarea
locului evenimentului, abrevieri militare i NATO, situaia de fapt, cauzele producerii
evenimentului, concluzii.
I. General considerations regarding the
investigation of aircraft accidents
In aviation accidents, crime scene investigation is
one of the most important criminal proceedings, having
an immediacy and necessary character. Solving
the case is directly depending on how the on-site
investigation is done.
As with other accident investigation, crime scene
investigation of aviation accidents is focused in two
main ways:
establishing the circumstances of place, time
and manner in which it had produced, identication of
subjective and objective factors which have favored it;
discovering, xing and picking-up traces, which
were formed during the accident.
Peculiarities of on-scene investigationt of an aviation
accident are determined by the following elements:
a) physical and topographic characteristics of
the accident site and access opportunities in the
area.
The accident may take place either in ight, at
different altitudes, or on the ground, or during take-
off or landing, or on top of stretches of land or water;
according to these factors, the research area will be
higher or lower, implying a commensurate mobilization
of forces to dene and to guard the area where samples
can be raised and preserved.
If the accident took place on takeoff or landing
procedure, the rst forces that occur are the teams of
reghters and rescue, those who are permanently on
alert at each airport, their main task being ghting the
re caused by the impact of aircrafts with soil (res
which can be devastating at takeoff, when the fuel tanks
are full) and save the lives of the persons on board or
scattered on the ground.
An accident that occurred in ight, above a water
surface, requires the mobilization of rescue ships and
helicopters, after the establishment by reconnaissance
of the aircraft crash site.
On scene investigation in the mountains or wooded
areas is very difcult, as well as it is in populated or
industrial areas, over which the aircraft crashed.
According to art. 86 of the Air Code, all public
authorities, also individuals and legal entities that were
required, must offer assistance in search and rescue
operations, aiming with priority to save lives, prevent
damage amplication and preserve the essential evidence
for an adequate on scene investigation. In accordance
with art. 83 of the same code, in the national airspace,
search and rescue operations of aircrafts in distress and
of survivors of an aviation accident are done through the
national search and rescue system.
Topometrical and topographical characteristics of
the impact areas are essential in deciding the type and
number of travelling and intervention means in the area,
as well as the forces that must be deployed to ensure
security.
b) The type, category and cargo of the aircraft.
According to their destinations, aircrafts are classied
as passenger aircraft, cargo transport, search and
rescue, re ghting, health aircraft, utilitary, special and
combat aircrafts.
Aircraft load (passengers, cargo, animals, explosive
goods, etc.) determines the nature, category and volume
of the auto and technical means intended to interfere
with priority, the number of re vehicles and rescue-
vehicles, and also the special means required by the
actual situation (search planes or helicopters, medical
helicopters, extrication equipment, tents and camp beds,
food and medicines, decontamination equipment, etc..)
and in terms of legal research, the members of the criminal
investigation team, the type and number of necessary
Forensic kits, not least the audio-video equipment.
In light of these factors, the prosecution should
consider and ask the M.N.D., M.A.I. or M.T.C.T. for planes,
helicopters and ships to track down the area where the
remains of the aircraft and the victims bodies are found,
and for medical helicopters to emergency transport the
wounded persons to a hospital.
650 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
c) Airport, aircraft operator and the nationality of
the aircraft.
After the accident, as soon as possible, we must nd
out the owner and the aircraft operator, his nationality,
crews and passengers number, the owners name of the
carried cargo, in order to take immediate action to receive
the documents where were recorded technical activities
as maintenance, refuel and pre-load before take-off;
samples of oil form the supply tank must be taken; the
ight plan led at the brieng ofce of the airport must
be asked for, because it contains the elements that are
to be followed in the ight path, like speed , altitude,
direction, path, etc.., and also the tapes with the recorded
conversation and navigation phraseology between the
crew and the trafc controller must be sealed.
Due to the diversity and complexity of work, it
is recommended that at least one member of the
prosecution team to proceed to the scene of collision,
another to the takeoff or landing airport and another, if
necessary, to the premises of the air-operator, so that
they can identify, collect and preserve material means of
evidence that may help to determining the causes of the
accident and prevent them from being hidden, destructed
or alterated.
All operations which are executed in an aircraft before
takeoff are recorded in data sheets and in books of
preliminary and direct training, stating the persons who
executed them, the result of the test and of the verication
of the used fuel, the identied problems and the way they
were repaired, the people responsible for the quality of
the work, etc..
Before every take-off, at the brieng ofce of the
airport is held a short crew training and information on
weather phenomena that can be encountered on the
ight path, then at the same ofce is submitted a form
with the ight plan, which consist in the backup, takeoff
and landing airport, refuel and technical stopover airports,
registration number and category of aircraft, altitude and
airspeed, crew members, the name of the commander,
identication and rescue means, radio systems on board,
number of the ight approval and the in ight autonomy
of the aircraft.
Compared to the above, one can easily see that on-
site investigation is conducted simultaneously in several
places, simultaneity and the speed of these activities are
essential in establishing all causes of an accident and
identifying all those legaly responsible.
Manufacturers name and the type of aircraft
are important for technical investigation, namely for
designating persons skilled or specialized for that type of
aircraft; the aircraft nationality is important in order to know
what country to inform about the accident, country which,
along with the manufacturer, in most cases expresses
its willingness to effectively participate in the technical
and sometimes judicial investigation, due to international
conventions or bilateral agreements, or at least to assist
in their conduct next to the competent body of the State
in which it is done.
d) Passengers and crew members number and
names.
Crew members names are important to verify their
physical condition before the ight and their compliance
with the preparation for ight, passengers number is of
need for the authorities interested in saving them, and
secondly for forensic institutions, in order to form the
research team.
If the accident has caused the death of people,
ngerprinting and trimming carcasses are required and
then collating data with the passenger list to identify them.
Their characteristics and clothing ought to be recorded.
The name and/ or nationality of passengers may lead
to identifying suspect persons, who could be the origin of
the crash. The countries whose citizens were victims of an
aviation accident must be announced through diplomatic
channels about the event and immediate measures taken
to rescue and care for them, and those of preserving
their bodies and depositing place, which determine the
radius of aircraft parts scatterred on the ground, when an
explosion occurred on board during ight.
The radius of aircraft parts, human bodies or
transported goods scatterred on ground is directly
proportional to the altitude and airspeed.
From these elements, we can estimate the forces
which are necessary to cordon off the crash area, the
number and type of vehicles needed to transport survivors
and injured people.
Each passenger aircraft is equipped with a
parameters recorder or a black box, so constructed as
to withstand mechanical shocks and very high thermal
factors. These devices are continuously recording the
external temperature, height, cruising speed, direction
of ight, ascent speed, altitude, engine rotation or
power, pitch, hydraulic and oil installations pressures
and temperatures, radio conversations between crew
members or between them and the air trafc controllers
and information received from some on board indicators
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 651
or from the autopilot, and other items, depending on the
performance of that recorder.
The search of the parameters recorder is a priority
for the organs that perform on-site investigation. Black
box must be sealed and emergency sent to special
laboratories of the aviation authority to read it.
f) Meteorological phenomena encountered on the
ight path.
An important feature of the ight is that of taking place
in a three-dimensional space, in a continous crisis of
time, often in a severe environment. At the root of many
aviation accidents are weather phenomena, which differ
from those on the ground because of the ight altitude,
the most dangerous phenomena being thunderstorms,
rainfall, clouds of vertical band, jet streams fog and
Icing.
With regard to these phenomena, the judiciary organs
must determine whether the crew was properly informed
about the weather conditions that were to be encountered
on the ight path, whether there are unforeseen changes
in their evolution and whether any measures to avoid
them by changing direction or ight altitude was taken,
and if the radar system on board was started and
operated normally.
Therefore, depending on the circumstances of the
accident, it is necessary to clarify whether it could be
avoided or not, issue with great resonance in exercising
criminal action and determining civil liability.
Currently, all passenger aircrafts are equipped with
performant weather radars, which provide information
about weather phenomena at different distances on their
ight path, and even with Icing detectors.
Based on the information obtained through crash-site
investigation of the impact area, the weather conditions
existing when the accident occured, the information taken
from the departure airport and from the air operator,
research which includes listening the people involved
in the accident and eyewitnesses, the prosecutor is
able to formulate the rst version regarding the nature
of the accident, following further acts of criminal
investigation, forensic expertises, technical expertises
and comprehensive technical investigation will conrm
the real version.
II. Aspects of the Fundata air disaster
On 07.26.2010, due to the news on mass-media
regarding the fact that during the day, around 15.20 in
Bucegi mountains , near Fundata, Brasov county, took
place an air disaster with an aircraft belonging to the Israeli
Air Force, on which were Israeli soldiers and a Romanian
soldier, the Public Prosecutors Ofce attached to the
High Court of Cassation and Justice started the criminal
investigation on grounds of the provisions in art. 178 and
219 of the Romanian Criminal Code.
A mixed team went to the are of the accident and it
consisted of civilian and military prosecutors and forensic
experts from G.I.R.P. and Brasov P.I., which since
07.27.2010 have conducted the specic research at the
site of such events.
On the evening of 07.26.2010, due to the bad
weather (heavy rain and dense fog amid darkness) it
was not possible to obtain more detailed information
on the crashed aircraft, its membership and victims
nationality, such that at 23.00 hours the search task was
suspended.
On 07.27. 2010, at 04.00 hours, military troops from
the Mountain Hunters Unit in Braov and the Rescue Unit
in Bran resumed search operations. They have identied
the area where the pieces of the wreck and debris human
stood.
Measures were taken to secure the perimeter and in the
presence and with the participation of military units of the
Ministry of National Defense, I.E.S. Brasov, gendarmes
from the Gendarme Inspectorate in Brasov County,
police, doctors and rescue service on-site investigation
actually began in the morning of 07.27.2010 with the
above-mentioned mixed team, to which have added
aviation specialists from the Air Force Headquarters,.
From the information obtained from the military
representative, aviation specialists, has resulted that the
crashed helicopter is Sikorski CH-53D, was made in the
USA, has a total weight of 25 tons and is designed for
special military operations. The aircraft was in Romania
to participate in the Romanian-Israeli Blue Sky 2010
exercise and it was carrying seven people.
Blue Sky 2010 is a joint training exercise of the
Romanian Air Force and Israeli Air Force, organized,
trained and driven to increase bilateral efciency and
the level of standardization and interoperability in the
operational airspace.
The exercise was planned to be held between 13 to
30 July 2010, operating from Cadet Air Base in Buzau
County, where the Israeli-deployed their aircrafts and the
necessary logistics for the mission.
III. Issues regarding on-site investigation
The rst crime scene investigations showed that the
helicopter had hit the top Colii apului (Teeth of the
Goat) of the Guan mountain in Bucegi Range and most
parts of the aircraft, destroyed or burnt, were on the cliff
above mentioned, along a valley, strung over a distance
of approximately 120 m in E-V direction, at an altitude of
about 1900 m. It was also found that 95% of the aircraft
was destroyed and it had traces of combustion because
of the on board fuel ignition. The fuel was in its tanks,
whose total capacity was 6,000 liters.
Crime scene investigation was primarily focused on
the recovery of human remains and on sending them
to the Forensic Medicine Service in Braov, for the
preservation and collection of samples for the genetic
identication of victims.
In parallel with the activities of searching for human
remains and xing through foto and video shooting
the position of the parts of the helicopter, were made
investigations to identify the parameter recorder (black
box), which was discovered on 07.30.2010 under the
wreck remains.
Crime scene investigation has ended on 07.31.2010,
date on which we have managed to raise all remnants
of the wreck, which were transported by helicopters and
trucks to the Aviation Unit in Boboc City (Cadet), Buzu
county, where, as mentioned before, the Israeli army
had installed a logistical base for the execution of joint
exercises.
On 07.28.2010, the team was helped in the
identication and removal of human remains by the
Israeli troops deployed in the area.
In the transportation activity of the wreckage debris
were involved several helicopters of the Ministry of
Defense and a helicopter of the Cobrex Co.
During this period, have been taken measures to
ensure the place where the wreck was lying, namely
several teams of gendarmes have restricted the access
to Guan Glade, where the mixed team had established
headquarters.
652 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
By the end of the research, all human remains
were removed, identied and grouped on individuals,
according to the genetic code, an activity which was
partialy attended by the representatives of the State of
Israel. After their identication, the remains of the Israeli
soldiers were placed in wooden cofns and handed over
to the Israeli authorities.
Following the above work, it was established that
the remains belong to the following soldiers:
Capt. Dragnea tefan - Claudiu - of the Romanian
Air Force;
col. (R) Avner Goldman, lt. col. Daniel Schiffenbauer
Yeshaiah, mr. Shay Lior, mr. Yahel Keshet, lt. Nir Lakrif
and sg. Oren Cohen of the Israeli Air Force.
IV. Language explanations
For a correct understanding of the facts is necessary
to explain some terms that are commonly used in aviation
activity and to present some of the military and NATO
abbreviations.
Thus, the concepts of altitude and height dene, the
rst - the vertical distance between the aircraft and the
sea level in standard atmospheric conditions (p = 1013
mb and t0 = 150 C), and the second - the vertical distance
between the aircraft and the ground surface over which
it ies.
The visual ight (V.F.R. - Visibility Flight Rules) is the
ight made by viewing the land marks and facing them
with the site map surveyed, without a rigorous control
of the air trafc enforcement, which may provide data to
the crew at his request, and by Instrumental Flight (I.F.R.
- Instrumental Flight Rules) the ight made only using
the information provided by the board instruments and
respecting the instructions given by air controllers.
Therefore, instrumental ight should not be confused
with the blind ight, in the latter situation the crew is
required to use the on board information when it crosses
areas with clouds, fog, rain or at night, when landmarks
can not be viewed; air controllers responsibility being
excluded, if they were not required to provide useful
information for the pilots.
The aircraft has on board systems that are providing
recording and storage of ight data, so-called black
boxes (ight recorders, which are actually yellow
or orange, to be more visible), which may allow in a
laboratory examination the development of the aircraft,
after the occurrence of special events.
Black boxes contain an electronic systems for the
collection and storage of the operating parameters of
the aggregates from the aircraft and in ight evolution.
Records, by decoding, allow specialists to assess the
evolution of the ight and the good functioning of the
essential ight safety systems.These on board recorders
have a dual utility:
monitoring the functioning of the aircraft, as a
technical unit, identication and marking of dangerous
faults (in ight, before or after the ight);
providing sets of data, which are strictly necessary
to elucidate the causes of aircraft accidents.
According to the Minister of Transport Order No.
1846/2001, by which were approved the Romanian civil
aviation regulations regarding events reporting in civil
aviation, event means any signicant event happened
because: the malfunction of the equipment or phenomena
that affect or are likely to harm the safety or security of
civil aviation, actions that have led or were likely to cause
interruption of air trafc, the occurrence of damages, fatal
or serious injury of persons.
Technical investigation (different in nature and scope
of judicial investigation) must be carried out after any
aviation incident, ,,... does not intend to establish guilt
or responsibility, but only, the prevention of accidents
or incidents by determining the actual causes and
circumstances that led to their production and establishing
the necessary recommendations for ight safety (art. 5
of the Ordinance no. 51/08.19.1999).
TWR - is the short form of the English word tower-turn,
meaning control tower, where they are directing aircrafts
to the ground, in takeoff and landing procedure, and
during the ight in the airport area, located in the visual
eld of air trafc controllers, generally within a radius of
25 km. Beyond this limit, the aircrafts are transferred to
APP in ordr to be radio and radar monitorized.
APP - is the short form of term approach (nearby,
in Romanian) and it refers to the air trafc bodies
responsible for directing aircrafts in the area around the
airport, approx. 50 km.
SMFA - is the abbreviation used for Air Force
Headquarters.
ROAF - stands for Romanian Air Force.
IAF - stands for Israeli Air Force.
V. Factual situation
According to the Plan of ight missions, for the date
of 26.07.2010, training ights were scheduled within
the common exercise Blue Sky 2010, with helicopters
of Romanian Air Forces and Helicopters of Israeli Air
Forces, on a pre-established track, where was also
included Fundata area, from Braov county.
For the development of the exercise, Israeli
helicopters and planes were sent to Romania on the date
of 18.07.2010.
The mission consisted in ight on low height, in VFR
(Visibility Flight Rules) weather conditions, with landing
on unknown land, in the areas reserved for the exercise,
in the purpose of training the Israeli pilots in mountain
environment and with a view to perform air navigation in
these conditions of relief.
In the same conditions, during the trainings, Israeli
pilots were to practice the ight in group. In VFR ight,
as stated above, the pilot ies in terms of ight rules at
sight, therefore he must report his position with respect to
the known benches on soil and he reports to the military
unit of trafc control the position towards a bench or
within established intervals of time. The military trafc
controller provides the information and supplies data
on demand of the crew who insures its air protection,
whereas the avoidance of collision with other aircrafts
or land obstacles becomes the exclusive responsibility
of the crew. For the avoidance of collisions, SEE AND
AVOID rule is applied.
Within the common exercise dated 26.07.2010, ights
were planned between the hours 11.30 15.30, with 7
Israeli helicopters CH-53, 5 helicopters IAR-330 S and
one helicopter IAR-330 MEDEVAC of Romanian Air
Forces.
At 12.05 a.m., a group formed of 2 Israeli military
helicopters, respectively CH-53D no. 046, as leader and
CH-53D no. 056, crew member, with the radio indicatives
CA 01 and CA 02, took off from Boboc airdrome,
with the approval of TWR Boboc, on the planned ight
track.
The helicopter CH-53D no. 046 had on board a crew
formed of six members: a skipper pilot, a co-pilot and a
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 653
board mechanic, in the piloting cabin, two
reserve pilots, a board mechanic, as well as
a ROAF observer Romanian pilot, in the
passenger cabin (cargo).
The ight track approved for this mission
was: Boboc, Buzu Verneti area, Mneciu
Fundata area (with training ight in the
area), Cmpulung Muscel Curtea de
Arge area (with training ight in the area),
Vrfu Negoiu Piatra Craiului Poiana
apului (with training ight in these areas),
Boboc.
One of the objectives of group mission
was to perform landings on unknown
(mountain), unmarked land.
When they arrived in the mountain area
Fundata-Padina, from Braov county, over
Guanu mountain from Bucegi mountain, the
crews faced sudden weather changes and
of high amplitude, consisting in the lowering
of clouds blanket and reduction of visibility under VFR
ight limits, atmospheric phenomena difcult to predict
in the neighbourhood of these forms of relief. Due to
sudden worsening of meteorological conditions, in a dully
manner, the two helicopters separated and abandoned
the group. Therefore, the crew of the helicopter CH-53D
no. 056 performed, according to the procedure, a turning
of 1800 in climbing, with a view to avoid the conict of its
position towards the leader and the obstacles around.
The helicopter CH-53D no. 046 continued to y on
the initial track and proceeded to the execution of IFR
ight (Instrumental Flight Rules ight in terms of the
instruments and equipments on board, without viewing
the soil), by raising in order to avoid collision with the
obstacles from soil, given the low height at which he ied
until then.
On its direction of ight was situated however the
highest quota in the area, represented by the crests
named Coltii Tapului, therefore, before raising higher
enough, the helicopter CH-53D no. 046, ying at an
altitude of 6500 ft (around 2000 metres) collided frontally
(under angle of 900) with a cliffy wall of the mountain
around the hour 14.42. The place of impact, with the
geographical coordinates of 4502588 north latitude and
2502459 east longitude, measured by GPS, is situated
in the area of Fundata locality, from Brasov county.
After the collision with the mountain crest, the
helicopter broke in several parts, concomitantly with its
ring pursuant to the break of fuel tanks. Most parts,
burnt or twisted rolled over a distance of around 120
metres, along a valley from the bottom of cliffy wall,
situated at 100 metres under the crest. The main box
of transmission remained dug in the cliff on the impact
point, with the rotor cap and the blades and parts of these
were spread around such point.
The accident resulted in the violet death of seven
militaries and destruction of aircraft in proportion of
95%.
At 15.09, the crew of the helicopter CH-53D no. 056
asked the control centre if during the last 30 minutes the
trafc controller had radio contact with CH-53D no. 046,
since it had tried several times, in vain, to communicate
with the leader of CA group and it hadnt managed.
From radio discussions in English and Hebrew between
the trafc controller and helicopters, it does not result that
during the hourly interval 12.44.53 15.09.32 something
abnormal happened in the development of the mission.
Within 8 minutes after the radio discussions, took
off towards the same area a group of Israeli military
helicopters CH-53, with the radio indicative TR. After
landing in the indicated place, at 17.30, the skipper of the
crew of MEDEVAC helicopter reported that the helicopter
CH-53D no. 046 had crashed in Fundata area, stating
the coordinates of impact place. The pilot appreciated
that the chances of surviving were minimum, since the
helicopter crushed to a cliff, however, the unfavourable
meteorological conditions from the place of catastrophe
prevented him to obtain detailed information.
VI. Causes of accident
The main objective to insure the ight in aviation is its
security which consists in preventing the ight premises
and events, the tracing and elimination on time of the
factors which may generate them.
An important characteristic of ight consists in the fact
that it is performed in a three-dimensional space, in a
permanent crisis of time, most of the time in a severe
environment. Most aeronautic accidents are caused
by unfavourable meteorological phenomena which, on
ight altitude of aircraft, are different from those on soil
or may have a different evolution, most dangerous of
them being the thunderstorm phenomena, the abundant
precipitations, the vertical clouds, the jet currents, the
shearing currents, the fog, the icing, the snowstorm, dust
storms and turbulence.
Most of the times, the air accidents are caused not by
one but by several favouring causes and factors, which
overlap or interact, the human (subjective) factors and
the objective (natural) ones intercrossing and inuencing
mutually in an atypical algorithm, in a human-machine-
environment matrix, where man is the weakest link.
With respect to the determining causes or conditions
which favoured the production of aviation accident from
26.07.2010, at 14.42, which took place in the radius of
Fundata locality, from Brasov county, with the military
helicopter SIKORSKI CH-53D, no. 046, belonging to
Israeli Air Forces, in the absence of eye witnesses or
the testimonies of any person surviving the accident,
the data discharged from the black box and the ofcial
conclusions of the commission of technical investigation,
investigation performed jointly by Romanian specialists
and by the representatives of Israeli State were withheld
and valued.
Concerning the technical factor, pursuant to the
analysis of the wreks of helicopter CH-53D no. 046 and
to the interpretation of the data supplied by black box,
discharged and decoded by the manufacturing company
654 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
GE Aviation of Michigan, USA, by Final Report of
Romanian-Israeli common team of investigation on the
date of 10.08.2010, it was retained that, in the moment
preceding immediately the production of catastrophe, the
engines operated on normal parameters, the blades of
rotors were in rotary motion on nominal revolution and
all the other systems and installations of helicopter were
within the limits of technical performance for this kind of
helicopter.
The helicopter did not have expired ight resource,
no major defections were identied in the last period of 6
calendar months and the maintenance works had been
performed on time, according to the guide of technical
maintenance of aircraft.
Consequently, on the date of occurrence of
catastrophe, the aircraft and its installations were in
resource, with all works up to date, according to the
exploitation instructions of helicopter CH-53.
The physical-chemical parameters from the bulletins
of analysis for fuel, oils and special liquids corresponded
to the technical norms and specications for these
liquids.
From the content of the Document of technical
investigation which grounded its conclusion as well on the
data discharged from the board recorder of the helicopter,
it clearly results that from the technical point of view there
were no problems meant to affect the security of ight
since all systems and installations on board operated
normally and the pilots did not report or discussed about
any defection on board.
Considering this data, in the Final (technical) report
was concluded the following: The catastrophe of the
helicopter CH53D no. 046, occurred on the date of
26.06.2010, during the Romanian-Israeli common
training exercise Blue Sky 2010, was not caused by
technical reasons.
Consequently, from the multitude of causes which
could generate the air catastrophe or which could favour it,
the technical causes were rstly excluded with certitude.
The mission scheduled by the foregoing common
exercise consists in ight on low height under VFR
conditions, with landing on unknown land, in the areas
reserved for training, with a view to perform the operations
of search-rescue and medical evacuation from a hill and
mountain environment.
One of the objectives of the exercise was to train
the pilots in the performance of the ight and in the air
navigation in the mountain area, on high altitude and
low height opposite to the forms of relief and in the
performance of landings in the mountain areas, on high
quotas.
In the area and in the period of reference, the
meteorological situation was characterised by atmospheric
instability and a high variation of environment elements,
therefore the dominant meteorological conditions and
most probably the existent one, according to the principle
of physical logic of air masses, were determined on the
grounds of mediating the data reported by meteorological
stations from the National Integrated Meteorological
System, the closest to the area of interest and which had
the following values:
cover (nebulosity): 8/8 (sky covered by the clouds
blanket);
clouds blanket: 600 m and under this value, locally
up to soil;
kind of clouds: Cumulonimbus;
phenomena: fog and downpours (except for south-
west area);
visibility: 500 m (in the areas with fog and rainfalls);
wind direction: NNE;
wind speed: 0-2 m/s;
air temperature: 6-15 degrees C.
These meteorological conditions mediated for the area
and period of reference are encountered on soil maps
Romania Carpathian Bend section dated 26.07.2010,
14:05 and 15.05 and on the map of impact area, with the
location of close meteorological stations.
With respect to the foregoing and to the qualications
of the pilots on stick, it could be appreciated that the
meteorological situation given by technical means on soil
allowed the execution of mission on the ight track and in
the planned area.
Concerning the uidity of environment elements, it
must be stated that different meteorological phenomena
pass in the atmosphere, some different of those which
appear on the surface of soil, phenomena which may
affect the security of ight. The evolution of meteorological
conditions on altitude and mainly in mountain areas is
difcult to determine with certitude especially that the
appearance of ascendant and descendant currents,
specic to these forms of relief, generates atmospheric
phenomena which change locally in an unpredictable
succession.
With respect to the real conditions of ight of the group
of helicopters, up to Fundata area from Brasov county, the
meteorological situation did not cause problems to the
crew. As they were continuing the ight on the approved
track, over Gutanu mountains from Bucegi massif, on a
height of around 2000 metres, the two helicopters entered
in a Cumulonimbus clouds blanket, developed vertically,
situation when the member of the crew (CH-53D no. 056)
decided to leave the group, to turn 1800 and to return on
the route previous to entering in the blanket.
For a few seconds, the head of the group (CH-53D
no. 046) had to decide, on his turn, to do the same
manoeuvre as the crew of the helicopter CH-53D no.
056, facing the risk of collision of aircrafts since in the
clouds the visibility was zero and the two aircrafts did
not see each other, or to stop on xed point, manoeuvre
difcult to perform without seeing the soil beyond the fact
that, until the aircraft stopped in stationary ight, another
several hundreds of metres would have been crossed
by inertia without noticing a land bench, situation equally
dangerous.
Eventually, there also was a third option, chose by the
crew of CH-53D no. 046, that of raising and continuing the
ight pursuant to the indications of the board instruments,
following that after leaving the clouds, to return to VFR
ight and to restore the group. Unfortunately, exactly on
the direction of movement were raising the two crests,
named Coltii Tapului, having the quota of around 2000
metres and the helicopter did not have time to raise
enough to overcome them and thus it collided them
frontally.
We state once more that the dynamic of ight previous
to collision, as presented above, took place in a few
seconds when the crew, while piloting the aircraft in the
clouds, rather difcult in the mountains and for which it
was not enough trained, had to take the best decision.
With respect to the human factor, the main cause
which generated the events is the piloting error or the
error in the technique of piloting. The pilot, as any human
being, in certain circumstances, may be overwhelmed
by a complex situation occurred on board (situation
when he faces simultaneously loud alarms, warning
lights, instability of aircraft, with indications received
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 655
automatically or sent by radio etc.), mainly that, most of
the times, the best decision must be taken extremely fast,
from a wide range, and the manoeuvres of crew must be
performed in a rigorous succession.
Concerning this issue, it must be stated the distinction
between human error, on the one hand, which may occur
in the ordinary exercise of any profession or job, due
to different causes and under certain conditions, errors
which generally form the object of some administrative
researches and may entail the material or disciplinary
liability of the author and the criminal guilt, on the other
hand, which has a different nature and which is sanctioned
much more seriously.
When the pilot faces during the ight a special case,
he has at disposal only a few seconds to choose, from
a range of options, the best one which offers him the
highest degree of security but, sometimes, due to error,
his decision is mistaken and does not remove all existent
or potential risks. The criminal guilt may be retained when
law compels him expressly to perform a certain action or
inaction which the pilot ignores, considering unfounded
that the socially dangerous result of his conduit will not
occur.
According to the Document of technical investigation
mentioned previously, the determining cause of the air
event was the loss of orientation of the crew, once the
aircraft enters a cloudy system with fast and unpredictable
evolution, concomitantly with the execution of ight on
that moment in a mountain area with major irregularities
of relief.
We state that the loss of orientation of the crew is in
fact the consequence of occurrence of unfavourable,
unpredictable meteorological conditions in which the
crew was captive, conditions for which the crew was not
trained enough.
With respect to the foregoing, one may conclude that
at the origin of air catastrophe of 26.07.2010, 14.42,
which took place in the radius of Fundata locality, from
Brasov county, with the military helicopter SIKORSKI CH-
53D, no. 046, relied on an objective factor, materialised
in unfavourable meteorological conditions encountered
on the ight track, the real evolution of which couldnt be
anticipated, being thus incident in the cause the disposals
of art. 47 Romanian Criminal Code concerning fortuitous
case (it does not represent an offence the fact stipulated
by criminal law having as result the consequence of a
circumstance which cannot be predicted).
According to Romanian Criminal Code, the fortuitous
case is one of the causes which removes the criminal
character of fact and, under proceeding aspect, entails
the incidence of the disposals of art. 10, lett. e of the
Criminal Procedure Code.
The production of air catastrophe was favoured by an
insufcient training of the crew in IFR ight in mountain
area and by the continuation of the ight under these
conditions.
The aviation event determined the death of col. (r)
Avner Goldman, col. lt. Daniel Schiffenbauer Yeshaiah,
mr. Shay Mior, mr. Yahel Keshet, lt. Nir Lakrif and sg.
Oren Cohen of Israeli Air Forces, the death of Romanian
captain Dragnea Stefan-Claudiu, as well as the total
destruction of the aircraft CH-53D no. 046.
During the aviation accident, the Romanian pilot, cpt.
Dragnea Stefan-Claudiu, had the quality of observer
on the board of helicopter CH-53D no. 046, he was
medically able, having valid medical licence until the date
of 19.04.2011. The Israeli aeronautic staff involved in the
accident was medically able, rested and without medical
problems which could have affected the execution of
mission.
The mission was prepared in terms of the documents
of scheduling the exercise and of the navigation maps in
printed and electronic format and the staff involved was
trained with respect to providing the services of air trafc,
air navigation and air space reserved for the execution
of this.
The radio-communication stations operated normally,
the crews possessed the skills necessary for the execution
of ight, the aircrafts had been prepared for the mission,
they did not present defections, being up to date with the
regulatory works, the preparation of mission and of crews
was done in accordance with the ight schedule and with
the aeronautic instructions and regulations.
Consequently, it was retained that the aviation event,
which caused the death of military aviators, fulls the
legal conditions and it is included in the category of
collective accident of work, it occurred during and due to
the accomplishment of work tasks, under the conditions
stipulated by art. 73 par. 1 lett r (aviation accident
produced with military aircrafts) and art. 74 lett. d (
at least 3 persons are injured at the same time and due
to the same cause) of S.S.M. 1/2007 Instructions
concerning the organisation and development of the
activity of occupational safety and health in Romanian
Army -, being incident as well in the cause the disposals
of art. 5 lett g) of Law of occupational safety and health
no. 319 of July 14th 2006 (work accidents violent
injury of body, as well as professional acute intoxication
which take place during the work process or during the
fullment of work duties and which cause temporary
incapacity of work of at least 3 calendar days, invalidity
or death), law in terms of which were drawn up the
foregoing instructions, applicable in military eld.
The accident did not take place pursuant to the breach
of legal disposals which govern the ight activity or the
measures of occupational safety and health, not being
accomplished thus the integrant elements of the offences
stipulated by art. 37 38 of Law no. 319/2006, being
incident in the cause, under this aspect, the disposals
of art. 10 lett. d of the Romanian Criminal Procedure
Code.
Considering the foregoing reasons, the fact that the
aviation event dated 26.07.2010, hours 14.42, which
took place in the radius of Fundata locality, from Brasov
county, with the military helicopter SIKORSKI CH-53D, no.
046, belonging to the Ministry of Defence of Israeli State,
which determined the violent death of 6 Israeli militaries
and a Romanian ofcer as well as the total destruction
of the aircraft in which were the victims, was determined
by the action of an objective factor, respectively due to
unfavourable meteorological conditions, the dangerous
evolution of which couldnt be really anticipated for the
overown area, considering as well the fact that the
accident did not take place on the ground of breaching
the legal disposals which govern the ight activity or the
measures of occupational safety and health, in terms of
art. 228 par. 4 and 6, reported to art. 10 lett d of the Criminal
Procedure Code (concerning the facts stipulated by art.
37 38 of Law 319/2006) and to art. 10 lett e of the same
code, referred to art. 47 (fortuitous case) of the Criminal
Procedure Code (for the facts stipulated by art. 178 par.
2 and 5 and art. 219 par. 1 and 4 of Romanian Criminal
Code), it was disposed in the cause the non-initiation of
criminal investigation, not being identied criminal issues
which could be charged to any person.
656 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
PR OFES OR UNI VER S I TAR DR . EMI LI AN S TANCU,
PR EMI AT DE ACADEMI A R OMN
UNIVERSITY PROFESSOR DR. EMILIAN
STANCU, AWARDED BY ROMANIAN ACADEMY
Univ. lect.dr. Gabriela MATEI
At the end of last year,
on December 16th, was
organised the ceremony
of awarding the Romanian
Academy prizes for the year
2010, when a forensic work
was awarded for the rst time,
Simion Brnuiu award being
offered to the univ. prof. dr.
Emilian Stancu for the work
Forensic Treaty.
The 5th edition of Forensic
Treaty (reviewed and
completed), complex work,
containing the most recent
scientic discoveries applied
in forensic science, is the
excellence result of the thorough
study, during a life dedicated
to science, of the professor of,
many generations of students,
master students and PhD candidates,
of practitioners in the system of criminal
justice and famous specialists, knowing
to raise them at the noble height of the
science which he taught with a generosity
specic to superior spirits.
The treaty, monumental by its
840 pages, represents an important
scientic contribution to the settlement
of criminal causes manifested on the
three levels, namely technical, tactical
and methodological one.
In the plea for forensic science from
the foreword of the work, prof. E. Stancu
writes: Finding the truth is one of the
stiffest processes, mainly in a society
such as Romanian society of these
days. It reveals itself as a high speed
train towards modernity, balance, but
mainly towards democratic Europe to
which we belong today. However, the passengers of this
train merge in proportions never strictly dened good
and bad, honour and dishonour, respect of law or breach
of law.
The inspired words of professor Emilian Stancu
emphasize the need of permanent perfection of a body
of legal specialists, as well as of policemen who may
support justice and use their best skills and experience
in combating social evil by nding out the truth.
Appeared at the end of
19th century as an expression
of criminal justice placed
on modern bases, forensic
science played the role of
antibody against the viruses
of delinquency, offering
justice an efcient weapon
against offence, the means
of encountering the truth,
of avoiding condemnation
of innocent people, of
punishing the guilty ones and
supporting the social and
moral accomplishment of
justice proceedings. Forensic
science does not exist by itself;
as a science, forensic science
develops and accomplishes
itself by the body of
professionals who assimilate,
apply and perfect its methods,
techniques, tactics.
The confessed objective of
professor Stancu was always that of
contributing, from the place where
the craft and skill allowed him to do
better, namely from professor chair, to
the formation of a body of specialists
endowed with solid knowledge, with
an unalterable wish of knowledge
and self-perfection, which may serve
honourably Romanian justice.
Exceeding much the initial
purpose proposed by author, the
Forensic Treaty became, from one
edition to another, a headstone for
the edice of Romanian forensic
science, useful for both the students
and forensic specialists, researchers,
academics and even for wide public
animated by the wish of knowledge
and training.
The Romanian Academy award crowns fairly the
exemplary career of professor Emilian Stancu placed
with his work in the gallery of coryphaei of Romanian
forensic science to which he dedicated his life, proving
both to himself and us, who we will always call him Our
professor, that those words uttered once by another great
thinker, The pure and simple truth is seldom pure never
simple, contain the faith declaration of a profession.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 657
CI NE MAI AR E AMPR ENTE PAPI LAR E?
WHO ELSE HAS FINGERPRINTS?
Abstract
The human being is not the only creature who has ngerprints. Some primates (gorilla,
chimpanzee) and the koala bears have similar friction redge skin. We shall present in this
article the similarity between the human friction redge skin and those from animals.
Key words: ngerprints, similarity, primates, koala bear.
Rezumat
Oamenii nu sunt singurele ine cu amprente. Unele primate (gorilele, cimpanzei) i urii
koala au amprente unice asemnatoare omului. Vom prezenta n acest articol asemnrile
dintre amprentele umane i cele provenite de la primate i urii koala.
Cuvinte cheie: amprente, asemnri, primate, urs koala.
Police Subinspector, forensic specialist Mugurel DOGARU
Police Inspector, forensic specialist Valentin GHEORGHE
Forensic Science Institute, General Inspectorate of Romanian Police
Humans are not the only ones
with ngerprints! Some primates,
including gorillas and chimpanzees,
and koala bears have their own
unique prints.
Chimpanzee and Gorillas have
hands that are quite similar to
human hands. They have ve ngers
(including an opposable thumb), and
ve toes (including an opposable big
toe). Gorillas can grasp things with
both their hands and their feet. They
had an advantage of grasping these
objects because they have ridges on
their feet and hands that help them
grip things. These ridges are formed in
unique patterns and cause gorillas to have ngerprints of
their own similar to the humans with the same properties:
uniqueness and xity.
Thru uniqueness we understand the impossibility to
meat two people with the same ngerprints. The ridges
from the nger has a unique morphology, and there are
no two nger with the same ngerprints, even from the
same person.
Thru xity we
understand that the
ngerprint does not
change on a person
lifetime. In time
there are a series of
changes because
of the age, and
because of some
disease or injuries,
but the shape and
structure of the
ngerprint remains
the same.
The Koala has ngerprints that are
so similar to the human ngerprint that
it is almost impossible to tell them apart
because of the pattern, shape and size
of the ridges. Under the microscope,
the ridges look exactly the same. The
width of the ridge, the shape,the general
size and pattern is the same. The main
difference is that the entire human palm
and ngers are covered with ridges
while the koala only has ridges on its
ngertips and some parts of the palm.
All primates have ngerprints on hands and feet,
and a few New World monkeys have them on their
prehensile tails as well, says Jeff Froehlich, Professor of
Anthropology at the University of New
Mexico.
1
2 3
1 - Koala Bear
2 - Human
3 - Chimpanzee
658 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
Fingerprint homoplasy: koalas and humans
Fingerprints (dermatoglyphes) consist of patterns
formed by parallel ridges on bare skin of ngertips. They
are typical for higher primates, but occur sporadically
in other mammals. It have been recently observed
the presence of dermatoglyphes, microscopically and
macroscopically similar to those of humans, on the ngers
and toes of the tree-climbing marsupial Phascolarctus
cinereus. Presence of nearly identical dermatoglyphes
in lineages of mammals undergoing separate evolution
for at least 70 million years, but adapting to climbing and
grasping, indicates that adaptive regularities may be a
common feature of the evolutionary process.
That surfaces of palms, soles, digits, and sometimes
prehensile tails, of primates are covered with papillary
ridges organized into complex dermatoglyphic patterns
is well known. Interpretations of the evolutionary origins
and functional signicance of dermal ridge patterns are
still a matter of debate.
Koalas (Phascolarctos cinereus) are members of a
marsupial sub-order Vombatiformes, and as the name
suggests, are closely related to wombats. Koalas,
weighing about 4 to 12 kg, feed by climbing vertically
onto the smaller branches of eucalyptus trees, reaching
out, grasping handfuls of leaves and bringing them to the
mouth.
In an ongoing comparative anatomical study it have
been observed in koalas dermal ridges very similar in their
microscopic morphology, organization into patterns and
pattern uniqueness to an individual, to those of humans.
Ridges were invariably present in a score of individuals
examined, be they male, female or juveniles. In contrast
to most higher primates, only a portion of the bare skin on
hands, feet and digits of koalas is covered with ridges.
Standard ink prints of ngertips of third right manual
digits of an adult koala (left) and an adult human (right).
Scanning electron microscope images of epidermis
covering ngertips of the same koala (upper) and the
same human (lower) .The scale bar represents 0.5 mm.
An arboreal way of life is insufcient to explain the
occurrence of dermatoglyphes, as we have not observed
them in tree kangaroos (Dendrolagus linustus), who walk
on the surface of larger tree limbs and branches.
BIBLIOGRAPHY:
1. Maciej Henneberg. Fellow, American Dermatoglyphic
Association,
2. www.odec.ca
3. www.nature.com
4. www.naturalscience.com
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 659
NOI TEHNI CI UTI LI ZATE N DACTI LOS COPI E
OPI NI ON
NEW TECHNIQUES USED IN DACTILOSCOPY
Abstract
Forensic experts have recently discovered new techniques for identifying ngerprints.
New methods may be used to identify hidden ngerprints, digital impressions found on
metals. Analyzing ngerprints drugs and diseases antibodies could be detected. Now
ngerprints can be mathematically described by the new model. Sexual offenders can be
identied easier. By using light sources to better ngerprinting could be obtained. Analyzing
ngerprints it can be established if a suspect has been in contact with chemicals such as
drugs and explosives.
Key words: New forensic techniques, ngerprints, drugs, diseases, criminality,
researchers, traces, ngerprinting, ngerprints mathematically model, explosives,
desorption by electrospray ionisation.
Rezumat
Specialitii au descoperit recent noi tehnici de ridicare i identicare ale amprentelor
digitale. Noile metode pot acum folosite pentru amprentele digitale ascunse i pentru cele
gsite pe metale. Acum anticorpii identicai pe amprentele digitale sunt analizai pentru
detectarea drogurilor i bolilor. Amprentele digitale pot descrise matematic de un model
nou. Autorii infraciunilor la regimul vieii sexuale pot acum mai uor identicai. Prin
utilizarea surselor de lumin se poate obine o amprentare mai bun. Analiznd amprentele
digitale se poate stabili dac un suspect a fost n contact cu anumite substane chimice,
cum ar drogurile i explozibilii.
Cuvinte cheie: Tehnici criminalistice noi, amprente digitale, droguri, boli, criminalitate,
cercettori, urme, amprentare, modelul matematic al amprentelor digitale, explozibili,
dezabsorbie prin ionizare cu electrospray.
Col. (r) dr. Sorin GFEI
Advisor on Security Problems S.C. Blue Air Transport Aerian S.A.
Introduction.
There can be no crime without a trace. Any crime is
based on the fact that an offender, most often without his
knowledge, leaves always traces at the scene.
Edmond Locard formulated the basic principle of
forensic science: Every individual who moves into an
environment leaves traces .
Broadly, crime trace means the most varied changes
that may occur in the environment as a result of criminal
actions .
In a narrow sense, crime trace means traces formed
by reproducing the exterior construction of an object on
another object.
In a comprehensive denition, crime trace means any
material changes occurred because of the interaction
between offender, the means used by the parts of an
environment where their criminal activity took place,
changes which, individually or fully examined, may lead
to: scene setting, identication of the perpetrator, the
means used to clarify the circumstances of the case .
Crime trace means any material change occurred in
terms of committing a criminal act between the deed and
the change produced being a causal link.
Regarding traces classication, Edmond Locard
distinguished prints (digital, tangible, clothing, animals,
etc.) and traces (objects left by the offender, burglary
tools, hair, etc.) .
French forensics offers a modern classication of
traces, respectively indeterminate traces (which may
have chemical nature, biological or non-biological but
do not indicate the author) and determined traces which
have physical nature, produced by pressing, rubbing or
pulling, allowing the identication.
The forensic chapter dealing with the forensic
examination and classication of papillary relief, and after
that the identication of its details is called dactiloscopy.
Finger traces found at the scene are called ngerprints,
those taken are called experimental digital impressions
and photos papillary relief obtained by photographing the
traces and impressions are called dactilograme , which
otherwise are the object of study in forensic identication
process .
660 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
Human traces refer to: the changes created by hands,
feet, forehead, nose, lips, ears, and biological traces of
human blood, saliva, hair, semen .
Fingerprints have a crucial role in criminal
investigations. They are most commonly used as forensic
evidence worldwide because a persons ngerprints
are unique. Even for identical twins, who share the
same DNA, no ngerprints were identical and they do
not change throughout the whole life. Papillary traces
can be collected on the spot or on different objects -
sample spot and identify potential suspects, victims and
others who have reached the area concerned, to make
the connection between certain crimes or to place the
suspect at the crime scene.
Papillary drawings are distinguished by shape and
characteristic details, whose number and variety are not to
be possible meeting of two identical digital impressions.
Francis Galton concluded that only a total of 64 billion
digital impressions might meet two perfectly identical
ones .
Findings conrmed mathematical calculations related
to dactiloscopy. Although this method of identication is
almost ten decades of police enforcement in all civilized
countries, so far there have not been reported any
likeness between two digital impressions .
Digital design remain immutable from birth until the
time when, by putrefaction skin decays. If the overall
dimensions of the body and its parts and declines over
time according to different inuences, while skin and hair
color, facial expressions, features, gestures and even
writing change with age, just digital impressions remain
constant and identical to themselves.
This property should not be considered in a xity way
because it cannot be exceeded the probability of changes
that are not able to cause a qualitative difference between
papillary drawings of the same person .
There are three general groups of methods used
to make visible traces of latent papillary respectively:
physical methods, chemical methods and instrumental
methods.
Digital footprints can be of surface and deep. Trail
surface may be, in turn, visible and invisible (latent).
Traces, which are also called colored, are left by
ngers contaminated with colored substances such as
blood, paint, ink, mud, dust, cement, soot, chalk, ink, etc.
In some cases, colorful digital traces left on objects not
in perfect conditions retained design features papillary
stain is simple, because of the substance soaking ditches
separating the papillary ridges.
Papillary invisible traces (also called latent) are those
ones obtained by lling remain human sweat and grease
from the skin, the effect of touching with hand or plant,
voluntarily or involuntarily, of certain objects.
The means and invisible traces are as well the
ones that are visible to some extent, but to be properly
considered to be revealed.
Traces remain in print papillary depth prole of
papillary ridges in various plastics.
Digital footprints are searched very carefully because
they are small, sometimes reproducing only fragments of
the drawings papillary which could be barely seen. When
searching for traces extreme caution is needed in order
not to leave their traces or inadvertently, to remove those
that are delinquent .
In recent years, scientists have discovered a number
of new techniques for raising and then identifying
ngerprints.
A. New ngerprint breakthrough by forensic
scientists
University of Leicester and Northamptonshire Police
research reveals new techniques for identifying prints on
metals .
The new method will allow forensic specialists to
visualize ngerprints even after they have been raised
on the spot.
Even more interesting is that this new technique using
a ngerprint that was stored on a small metal tube before
ring cartridge may even increase after the drawdown .
The research group leader, dr. John Bond, said: For
the rst time there can be obtained ngerprints from
people who have manipulated the cartridge before it is
red .
This discovery allows specialists to reopen old criminal
cases even decades.
The researchers have also found that ngerprints can
corrode metal surfaces.
Delete, washing with warm soapy water makes no
difference to the heat and percussion cartridge facilitates
this new forensic identication process.
The new technique discovered works by applying an
electrical charge on a metal, such as a gun or cartridge
case which has been in contact with a powder similar to
that used photo copiers .
Even if the ngerprint has been washed, it leaves
a slight corrosion metal and powder draws the load is
applied, thus removing a ngerprint record that this new
method can be raised in good conditions.
The technique described can be used on any metal
pipe from a box of cartridges to guns.
The heat evaporates normal clues, but police will be
able to prove who handled a particular gun.
Experts say that using this method, even after
decades, old criminal cases can be reopened, because
ngerprints do not disappear again. The new technique
also works in cases where traces could be left on other
types of metals .
According to dr. Bond, the only way to avoid being
identied as a result of digital traces to be cleaned with
an abrasive object, causing the removal of a layer of that
metal.
This research has demonstrated the ease with which
created the possibility that the eccrine rich ngerprints to
corrode over a wide range of metal surfaces, including
alloys. Corrosion process depends on the chemical
concentration of chloride ions present in eccrine sweat .
Water makes up over 99% of the digital prints. Water
content of the ngerprint residues acts as an electrolyte
and allows galvanic corrosion to take place on the outer
surface of the metal.
Corrosion of metal surface was analyzed by using
these innovative forensic techniques .
For this reason the metal surface to be loaded with up
to 2,500 KV electricity to be used as a granular powder.
Although this new technique is being patented, has
already been used to demonstrate that it is one viable
solution to the extremely difcult problem of increasing
the ngerprint placed in the cartridge shell re before
execution.
This technique was published in the journal Forensic
Science, titled View of latent ngerprints on metallic
surfaces.
Experts have studied the chemical reactions produced
between ngerprints and a variety of metal surfaces
investigated by heating the metals to a temperature of
600 C after the submission of ngerprints. Ionic salts
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 661
present in ngerprints corrode metal surfaces and
provides a ngerprint image that is durable and resistant
to cleaning metal .
Zoom level ngerprint is independent by the time that
has elapsed between the ngerprint storage and heating
but it depends very much on the metal composition and
salt secretion level of the person who left the ngerprint.
The results obtained so far allow practical applications
to enhance ngerprints that are spot res, contaminated
by spray paint or deposited on brass cartridge tubes
before running re .
Corrosion of metal surface is further used to perform
ngerprint increase the electrostatic charge on the metal
and then metal dust adhesion to the surfaces corroded
metal parts.
Due to lack of evidence, crime produced 15 years
ago, for example, could not be elucidated.
U.S. Police have called the support team of researchers
and positive results did not appear immediately.
Last year, dr. Bond has helped rising and then
identifying a ngerprint on a cartridge case which had
been lifted from the spot where a murder committed in
Texas, U.S.A. The ngerprint is very good and the only
remaining issue to be determined is to identify the person
to whom it belongs .
B. New technique to help catch sexual offenders
Experts from Shefeld Hallam University have
discovered a new technique that can be used to identify
sexual offenders. Sexual offenders hoping to fool the
police using a condom during the commission of crimes
can be deprived of the chance to escape unpunished
thanks to a new technique performed by specialists from
Shefeld Hallam University, who can prove that they
have had contact with a condom and it can place it to
place where the crime has been committed .
Due to the risk of transmission of sexually transmitted
diseases and to prevent transfer of DNA evidence in
recent years an increase in condom use by sexual
offenders from the system has been observed.
The method discovered by researchers at the
University Center for Biomedical Research referred
allow lifting and ngerprint identication of
condom lubricant left on the spot by the
suspect.
This new technique can make the
link between a suspect, identied by
ngerprints, and crime. Thus, police may
have helped to establish and if the crime
occurred. It is hoped that this method can
be used to link the ngerprint and grease
residues identied from vaginal swabs
collected from the victim .
Researchers have successfully detected
for the rst time ngerprint oils from two
brands of condoms widely available and
this innovative method has proven to be
successful even for ngerprints that were
not collected several weeks before analysis.
Experts hope that this technique can be used to
identify certain types of grease, being able to indicate a
specic manufacturer or even a particular brand condom.
This would allow any forensic case to have a greater role
to prove whether the acts were committed or not.
For this study, researchers used MSI MALDI (matrix-
assisted laser desorption / ionization mass spectrometry
imaging), a powerful technology that can be used to map
the ridge patterns of ngerprints .
Dr. Simona Francese, from the same university, said:
Criminals are increasingly aware of the consequences
of acts committed, and discovered techniques to prove
them. However, the sexual offenders do not take into
account the possibility that the condom lubricant can
transfer ngerprints left at the scene .
Dr. Rosalind Wolstenholme, co-author of the
research, said: If the condom lubricants ngerprints
can be identied, it would improve the evidence needed
for criminal prosecution as may be established with the
author on the spot and very importantly, he had contact
with a condom. This would allow specialists to provide
additional support for the collection of evidence necessary
to solve cases of alleged sexual assault .
C. Identifying hidden ngerprints
Hidden ngerprints can now be revealed quickly
and reliably thanks to two new discoveries in
nanotechnology.
Currently, the method used for ngerprint detection
coverage area requires an aqueous suspension of gold
nanoparticles and citrate ions. In acidic conditions, gold
particles positively charge particles placed in print. Then
print is developed using a solution of silver ions, which
react chemically to give a form of silver along the ridges
of the print .
However, the solution used by this method is unstable,
and the results are difcult to be repeated. Therefore, Dr.
Daniel Mandler, Ph.D. Joseph Almog and their team at
the Hebrew University of Jerusalem, Israel, used a more
stable solution by adding hydrocarbon chains of gold
nanoparticles, which were suspended in light oil .
Impressions produced using the new solutions have a
very high quality, being obtained after only three minutes
of immersion.
The team used this technique on non-porous surfaces,
using a petrol ether suspension of cadmium selenide
/ zinc sulde. In this case, by the chemical reaction
uorescent impressions have been obtained, so there is
still necessary a further step.
Antonio Cantu, an expert in forensic science for the
United States Secret Service in Washington, said, These
revolutionary techniques are able to greatly
improve their saving and transforming
latent impressions in the evidence .
Dr. Claude Roux, director of the Center
for Forensic Science at the University
of Technology Sydney, Australia, said:
This new nanotechnology using method
can bring ngerprints to identify practical
solutions to develop and enhance latent
ngerprints, which would otherwise remain
undetected.
D. New techniques for identifying
crime discovered by specialists in
U.S.A.: Fingerprint analyses using the
process of desorption by electrospray
ionisation (DESI)
Current methods allows analysis of forensic analysis
to identify the ngerprints only.
A new technique, identied by U.S. experts and
completed in August 2008, allows forensic experts
to determine, by analyzing ngerprints, the chemical
components which make up ngerprints. By analyzing
them, it can be determined whether a suspect has been
in contact with chemicals such as drugs or explosives .
662 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
Fingerprints can now be used to detect traces of drugs
or explosives, as it has been proved recently in one of the
most important discoveries in recent years of forensics.
The new discovery enables American experts to say
much more about people: what they have achieved, what
they ate what drugs they were used .
Additional information is of great importance in cases
where it is necessary to make a connection between a
person and certain types of chemicals such as toxins or
explosives. Currently, scientists can determine not only
who is an individual, but also the substance used.
Police is now able to analyze ngerprint traces of
cannabis, cocaine, other drugs or explosives.
The new technique reveals in detail the chemical
components that make up the ngerprint. Now small
traces of chemical components of different ngerprints
types may indicate the presence of diseases or
ailments.
This method can be used directly on a ngerprint,
even where the mark is found, without the need for lifting
and analysis in a laboratory.
Dr. Demian Ifa, Professor Graham Cooks, along
with colleagues at Purdue University in West Lafayette,
U.S.A. explained how they had discovered a technique,
called desorbtion by electrospray ionization (DESI),
which involves spraying a solvent onto a surface that is
a ngerprint and then analyzing the droplets resulting
from the release print with a method called mass
spectroscopy.
This method could be used to establish if a person
handled cocaine, explosives or other materials which can
be identied through a ngerprint analysis.
The new technique relies on a device called mass
spectrometer, which uses electric and magnetic elds
to analyze chemical compounds in order to identify a
sample of the material contained in a ngerprint .
According to dr. Cooks, this technique provides
a picture of the chemical ngerprint, with a higher
resolution than those offered by any other forensic
techniques and can analyze a particle size which may be
even a nanogram of material.
The classic example of a ngerprint, which is a
printing ink, show deltas and loops used for identication,
but analyzing ngerprints lifted from the eld may show a
distribution of molecular components. Fingerprint is made
up of natural components of skin, and some of them are
taken from other areas or materials that a person has
achieved.
Researchers can detect very small traces of chemical
compounds marked with dots on the footprint analysis,
which represents the type of digital ngerprint left by the
person concerned.
This technique can help to raise small amounts of
drugs (such as cocaine or THC , the active ingredient
derived from marijuana, and the rise of compounds
obtained from explosives).
Researchers have also established that this method is
useful for identifying compounds produced by metabolism
or components can be identied in the secretions of
ngerprints, whose presence may signal other processes
that occur inside the human body.
Also, ngerprints can be analyzed using a standard
software system to attempt to identify the person and to
determine whether ngerprints obtained do not overlap
with others.
Due to the fact that the distribution of compounds
identied in each ngerprint can be unique, this technique
can be used to extract a ngerprint beneath layers of
other ngerprints.
Visualizing chemical compounds in this way,
scientists can effectively analyze ngerprints; they can
separate from each other and can get a clear picture of
each ngerprint. Images can then be used on ngerprint
recognition software in identifying the person .
The team of American researchers is now studying
whether this technique could be used as an alternative to
blood or urine tests performed for athletes .
Debbie Krantz, a spokesman of Thermo Fisher
Scientic Inc. said: The unit which made these devices,
found that a mass spectrometer similar to that used
by American researchers will cost about 350,000$,
compared to standard techniques used today, which cost
less than 100$ .
New method of testing may be available in a year or
two, but the process is more expensive and lasts longer
than the current procedure for analyzing ngerprints, so
to use the new technique of law enforcement agencies
need much greater nancial resources.
E. Antibody tests on ngerprints to detect drugs
and diseases
Currently, ngerprints are used only when the author
has to be taken against a measure or a person must be
identied. Scientists in Great Britain have conducted a
research aiming at making possible to use ngerprints for
drug discovery and disease diagnosis .
The team of researchers from the University of East
Norwich and Kings College London were able to use
specic antibodies to differentiate between the ngerprints
of smokers and nonsmokers .
Forensic ngerprints are useful only when included in
a database or can be directly compared with those of a
suspect.
Because of this new discovery, we now have the
opportunity to obtain information about the lifestyle of
the person who left ngerprints, which could reduce the
circle of suspects.
Therefore, ngerprints are now used to detect drugs,
medicines, foods that were consumed and also to
diagnose certain diseases.
Researchers want to combine all these secrets to be
found in small traces of perspiration that leaves an imprint
on a surface. The research team demonstrated the ease
of the above, making a distinction between ngerprints
made by smokers and nonsmokers. To obtain correct
results, researchers have developed a system to detect
cotinine, formed in the human body after consumption of
nicotine.
The researchers soaked ngerprints with a solution
containing gold nanoparticles to which cotinine-specic
antibodies were attached. It binds to cotinine. Then a
secondary antibody, which was applied a uorescent
dye binds to cotinine antibodies, which are placed on
a ngerprint. Since there are many cotinine antibodies
attached to each nanosphere, there is a signicant
leverage.
It was found that the ngerprints of smokers reveal
uorescent ridge patterns, and not those of non-
smokers.
Fingerprints are easily treated and can be lifted for
comparison with known impressions, just as with normal
procedures. When this process is amplied, even when
sweating highlighted by tiny pores that run along the
nger ridges are visible.
In addition to forensic applications, this method is
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 663
used to detect doping. Changes in the subjects tested
samples would be very difcult, because each sample is
unique and each person is assigned based on the model
examined the ridge.
Another application of this new method could be to
identify drugs, without taking blood samples from drivers
such suspects.
F. Fingerprinting by using light sources allows a
better control of crime
Researchers in Great Britain have discovered a fast
way of ngerprinting for improving the collection and
analysis of ngerprints found at the scene .
Standard methods used to collect ngerprints found
at the scene, such as powders, amend valuable forensic
clues, including traces of chemicals which may be digital
impressions. In the new study, Sergei G. Kazarian at
Imperial College London and colleagues used a special
gelatin tape to collect ngerprints from several different
areas, including a door handle, handle a cup, a glass
surface bent and a computer screen. They exposed
the imprinted gels to a highly sensitive instrument using
a beam of light in the infrared detector array to obtain
digital ngerprint images collected.
This method has revealed valuable information about
the chemical composition of impressions, providing
information about individuals who have made (for example
smoker, vegetarian) and the presence of contaminants in
impressions. This may be offered clues about what the
suspects were manipulated (for example food, drugs)
and therefore could be useful in identifying an offender.
In addition, new methods using the original ngerprint
can be kept intact and are available for further analysis .
G. Fingerprints, described by a new mathematical
model
Vladimir Goudkov, from Chelyabinsk State University,
Department of Applied Mathematics and Computer
Science, Russia, proposed an innovation that can be
applied globally, according to his new mathematical
model representation of ngerprints .
The discovery is protected by no less than 16 patents,
which have received approval from the Russian Federal
Institute of Industrial Property and the Russian Federal
Department responsible for intellectual property.
The paper is in fact the authors doctoral thesis
entitled Mathematical models and methods of typing
digital imaging.
The novelty of this work is that the author has built a
trace analysis system based on topological vector.
The system automatically reads a ngerprint image,
not as a mere image, but as a relief map with a certain
orientation.
This method allows identifying and ngerprinting of
poor quality, with traces of fat, deformed, or with various
defects.
The mathematical model proposed is based on
software whose use requires only a computer, a digital
ngerprint sensor and a database of ngerprint images.
Models, programs and methods developed can be
used in the passports and visa systems, where control
systems and systems of movement and access.
Conclusions.
New methods of identifying and lifting ngerprints
can now be used to identify hidden ngerprints, a
digital impressions found on metals, to identify the
treatment of sexual offenders. Thanks to the new
techniques used antibodies can be analyzed to detect
ngerprints on drugs and diseases. Fingerprints can
now be described by a new mathematical model. If
used, light sources can make a better ngerprint
impression. Analyzing ngerprints it can be
established if a person dealt with chemicals such as
drugs and explosives.
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Bucharest, 2005, p.188, 189.
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content_9041951.htm.
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References notes
1. P. F. Ceccaldi, Forensics, Press Universitaires de
France Publishing House, Paris, 1962, p.6.
2. http://en.wikipedia.org/wiki/Edmond_Locard.
3. S. A. Golunski, Forensics, tiinic Publishing House,
Bucharest, 1961, p.82.
4. C. Suciu, Forensics, Didactic i Pedagogic Publishing
House, Bucharest, 1972, p.200.
5. Gh. Pescu, Treaty of Forensic Practice, Ministry of
Interior Publishing House, Bucharest, vol. I, 1976, p.117-118.
6. E. Stancu, Forensic Treaty, Actami Publishing House,
Bucharest, 2001, p.114-115.
7. E. Locard, Forensic Treaty. Fingerprints and traces in
investigations inquiries, Desvigne Publishing House, Lyon, 1931,
vol. I, p. 9.
8. M. Minovici, Full Forensics Treaty, vol. II, Bucharest,
1930, p.1039-1041.
9. V. Sava, Manual of Dactiloscopy, Bucharest, 1943,
p.35.
10. I. Mircea, Forensics, 2nd edition, Printing House of
Chemarea Foundation Iai, 1994, p.72.
11. L. Ionescu, Forensics. Course Notes, Dimitrie Cantemir
Christian University, 2002, Bucharest, p.27-34.
12. L. Crjan, Forensics, Pinguin Book Publishing House,
Bucharest, 2005, p. 188.
13. F. Galton, Finger-Prints, McMillan Publishing House,
London, 1892, p.109.
14. L. Crjan, Cited Book, p. 189.
15. J. I. Thornton, The doctrine of dessimilation of the unique
identication dactiliscopique, R.I.P.C., nr. 306, martie, 1977, p. 89.
16. Gh. Pescu, Ion. R. Constantin, Fingerprints secrets,
Naional Publishing House, Bucharest, 1996, p.139-142.
17. http://www.eurekalert.org/pub_releases/2008-06/uol-
nfb060208.php.
18. http://www.northants.police.uk.
19. http://www.thisisleicestershire.co.uk/news/police-plea-
Leicester-ngerprint-expert/article-1931650-detail/article.html.
20. http://www.le.ac.uk/forensic-research/.
21. http://www.blackwellpublishing.com/jfo.
22. http://www.le.ac.uk/forensic/research/drjohnbondfellow.
html.
23. http://crime.about.com/od/forensics/a/metal_prints.htm.
24. ht t p: / / www. mor ei nspi r at i on. com/ I nnovat i on.
aspx?id=3544.
25. http://www.blackwell-synergy.com/doi/abs/10.1111/
j.1556-4029.2008.00738.x.
26. http://www.mcs.le.ac.uk.
27. ht t p: / / onl i nel i br ar y. wi l ey. com/ j our nal / 10. 1111/
(ISSN)1556-4029.
28. http://www.amw.com/fugitives/brief.cfm?id=59727.
29. Article published on 19.01.2011 in the magazine of Hallam
University from Shefeld Great Britain, retrieved electronically on
http://www.shu.ac.uk/news/release.html?ID=765.
30. http://www.medical-valley-emn.de/services/news/
global?page=142.
31. http://www.skdb.info/.
32. h t t p : / / w w w . s c i e n c e d a i l y . c o m /
releases/2011/01/110119132517.htm.
33. http://www.alphagalileo.org/ViewItem.aspx?ItemId=939
71&CultureCode=en.
34. h t t p : / / w w w . s c i e n c e d a i l y . c o m /
releases/2007/03/070315132718.htm.
35. http://www.rsc.org/publishing/journals/cc/article.asp.
36. M. Halon, Nanotechnology enables to obtain much
better ngerprints, article retrieved electronically on http://www.
gizmag.com/go/6996/.
37. ht t p: / / www. nap. edu/ openbook. php?r ecor d_
id=11276&page=6.
38. http://projects.nfstc.org/trace/index2007.htm.
39. S. Gfei, New techniques for identifying crime discovered
by specialists in the U.S.A.: ngerprint analysis by using the
process of desorbtion by electrospray ionisation (DESI), Law
Magazine, The Romanian Association of Jurists, nr. 1/2009, C.H.
Beck Publishing House, Bucharest, 2009, p. 171-173.
40. Press Agency Xinhua, New techniques of establishing
ngerprint chemical components, article identied electronically
on http://www.news.xinhuanet.com/english/2008-08/08/
content_9041951.htm.
41. D. Castelvecchi, Advanced technology for analyzing
ngerprints, article identied electronically on http://www.
sciencenews.org/view/generic/id/35012/title/Fingerprints_go_
high-tech.
42. E. K. Gardner, Fingerprints can provide solutions
not only for establishing the identity of persons, article
retrieved electronically on http://www.purdue.edu/UNS/x/2008/
b/080807CooksFingerprints.html.
43. T.H.C. is a chemical compound, C21H30O2, obtained
from cannabis or made synthetically, which is the basic narcotic
in marijuana and hashish.
44. R. Higheld, A new method of analysis helps police
D.N.A. investigations, article identied electronically on http://
www.telegraph.co.uk/earth/main.jhtml?xml=/earth/2008/08/07/
sciprints107.xml.
45. A new method for analysis of ngerprints can identify
drugs and explosives, article identied electronically on
ht t p: / / www. dr ugs- f or um. co. uk/ f or um/ showt hr ead.
php?t=65159.
46. New combined services, article identied electronically
on http://www.newsday.com/services/newspaper/printedition/
friday/health/ny-hsfore085793112aug08,0,411405.story.
47. h t t p : / / w w w . s c i e n c e d a i l y . c o m /
releases/2007/05/070516123538.htm.
48. http://www.kcl.ac.uk/index.aspx.
49. http://pubs.acs.org/doi/full/10.1021/ac070580j.
50. http://www2.imperial.ac.uk/imedia/videos/view/186/
professor-sergei-kazarian.
51. http://www.ziare.com/magazin/cercetare/amprentele-
digitale-descrise-de-un-nou-model-matematic-1052197.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 665
TER OR I S MUL R EPER E I S TOR I CE ( I I )
TERRORISM HISTORICAL REFERENCES (II)
Abstract
In this article, we shall present a few aspects concerning the organisation and
development of some terrorist acts on the territory of Romania, as well as the actions taken
by the state bodies competent to prevent and ght against them.
One shall refer to terrorist activities carried out by the former security general, Mihai
Pacepa, agent of American Intelligence Service, country traitor, as well as by the former
general Nicolae Militaru, agent of Soviet Intelligence Service.
Key words: legionary terrorism; ART department; country traitor Mihai Pacepa; agent
of Soviet Intelligence Service general Nicolae Militaru.
Rezumat
n acest articol vom prezenta cteva aspecte referitoare la organizarea i desfurarea
unor acte teroriste pe teritoriul Romniei, precum i msurile ntreprinse de organele
statului ndrituite cu prevenirea i combaterea acestora.
Se vor face referiri la activitile teroriste desfurate de fostul general de securitate
Mihai Pacepa, agent al Serviciului de spionaj american, trdtor de ar, precum i de
fostul general Nicolae Militaru, agent al Serviciului de spionaj sovietic.
Cuvinte cheie: terorismul legionar; compartimentul ARTA; trdtor de ar Mihai
Pacepa; agent al Serviciului de spionaj sovietic generalul Nicolae Militaru.
Col. (r.) prof. Vasile LPDUI, editor
General views
In the previous articles published in the journal, one has
presented the variations occurred in the recrudescence of
international terrorism, this time, we intend to
emphasize some terrorist acts passed on the
territory of Romania and the manner of action
of the structures incorporated for the prevention
and ght against them.
A black spot in the history of Romania was
the legionary organisation which practiced
terrorism as part of its activities. The legionary
teams assassinated high-grade intellectuals, prime-
ministers, ministers, magistrates, prosecutors,
staff of intelligence services, generals, policemen,
gendarmes, forensic investigatorsetc. Some
of them are the following: university
professors Nicolae Iorga and Virgil
Madgearu; prime-ministers I.G. Duca,
Gheorghe Argeanu and Armand Clinescu;
Mihail Moruzov, former manager of Romanian
Intelligence Service, Victor Iamandi, former minister
of justice; the general Gabriel Marinescu, former
prefect of the Police of Capital and former minister
of Public Order; colonel Vasile Zeciu, former prime-
prosecutor of Military Tribunal of Capital; general Ion
Benglin, former general inspector of Gendarmerie;
Radu Pascu, former president of the Court of Appeal
Bucharest; Niky tefnescu, former sub-manager of
Romanian Intelligence Service.
For their acts, some legionaries were punished according
to the laws in force, others escaped abroad, organising
in different groups, as did their leader Horia Sima who
incorporated in Spain the largest legionary group.
Horia Sima, while he was still leading in the country
the legionary organisation, was the informant of Mihail
Moruzov, the father of Romanian intelligence services,
being paid monthly from the funds of intelligence services
with the amount of 200.000 lei (which meant around 70
average wages).
When he reached on government with the general Ion
Antonescu, Horia Sima, on September 6th 1940, orders to
a legionary team to arrest Mihail Moruzov and, on the night
of November 26th-27th 1940, the latter is massacred by
legionaries in Jilava prison. By this
action, Horia Sima intended to make
disappear all his tracks, as agent
of intelligence services. With his
legionary group in Spain, Horia
Sima organised a range of terrorist
actions against some Romanian
citizens encountered in mission
abroad. It is signicant in
this respect the case passed
on February 14th 1955, at
Romanian Legation in Berne,
Switzerland, where a team of
ve legionaries, headed by
the legionary Oliviu Beldeanu,
entered in the premises of the
Embassy of our country and,
after killing Aurel eu, ofcial
of embassy, stole several
important documents. The
group of Beldeanu included as
well the legionaries Ioan Chiril,
Stan Codrescu, Dumitru Ochiu and Teodor Chiochina. The
legionary Oliviu Beldeanu had committed in the past a
terrorist act. In 1947, in Dej town, he killed a guardian in
mission. Along the way, by a combination, Beldeanu was
666 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
attracted in eastern Berlin and arrested, being brought in
Romanian and condemned to death.
As the history recorded, in October 1944, Churchil, in
agreement with Stalin, established together that Romania
should enter under Soviet inuence and in February 1945,
at the conference from Yalta-Crimea, this agreement was
also approved by Roosevelt, the president of America.
In the summer of the year 1946, the Intelligence Service
of U.S.A. held alarming information, namely that it was
announced the imminent soviet invasion in Turkey, Greece
and Middle Orient. The conclusion of Pentagon determined
the increase of the funds of information structures with 10
million dollars and the decision concerning the incorporation
of a resistance force in Romania, where, during the last
period of the war, the American informational structures
had created agency and relations in political parties, in
army, press, among the industrialists and in the circles
closed to Royal House. In the performance of the action
plan, a very important contribution was that of Frank
Gardiner Wisner, ofcial of Ofce of Strategic Services
(O.S.S.), precursory of C.I.A. who had worked at American
Legation in Bucharest, having a closed connection with
Caradja princess. According to the opinion of some
specialists in the eld of information, it is considered that
Frank Gardiner Wisner initiated the Cold War while he
worked in Bucharest. He managed to withdraw illegally
from Romania fty persons (Romanians) who had refuged
in the American Embassy, arriving in U.S.A. Among them
was Constantin Vioianu, the one who founded Romanian
government from exile.
Frank Wisner, being in the management of C.I.A.,
proposed to the National Council of Security, the incorporation
of radio station Free Europe as complementary institution
of O.P.C. (Ofce of Policy Coordination), station which
began to operate in the year 1948. By his actions, Frank
Gardiner Wisner got involved on all anti-communist fronts
from Europe, Asia and Latin America.
On the territory of Romania, it was organised a
resistance force, around some agents and closed persons
of Frank Wisner, such as: the organisation Black Coats
(in the areas of Nsud and Vatra Dornei); the organisation
Outlaws of Avram Iancu (headed by general of army corps
Aurel Aldea and brigade general Constantin Eftimiu).
Since the incorporation of security bodies, in the year
1848, they had as important objectives, among others,
the activities of anti-terrorist prevention. Starting with the
year 1960, Romania was more prepared to intensify the
international relations.
Pursuant to the evolution of superior education, several
foreign students, including Palestinian ones, appeared in
university centres. From Palestinian students, over 50%
belonged to El-Fatah group who acknowledge Arafat
as leader, the latter being in good relations with Nicolae
Ceauescu. Around 30% of Palestinian people, as well as
Jordan and Syrian people, were registered in the group led
by Palestinian leader, Georges Habace. This organisation
was tough by its programs and by the value of its members
(indoctrinated up to fanaticism, experienced in the ght
against Israeli people).
In the meantime, the relations between Israeli state
and Palestinian people become more and more tense
and the organisation Al-Fatah becomes the exponent
of the most radical solutions of ght against Israel and
American imperialism. Pursuant to the danger of terrorist
actions, which began to appear, in the Counter-Espionage
Department, headed by the regretted general Cosma
Neagu, was incorporated a structure named ART with
a realist plan of action concerning the intensication of
informative work among the those suspected of terrorist
activities.
It is signicant the following case prevented by the
ART department with the support of other structures of
the Ministry of Interior, including Forensic structure.
A Palestinian team of the group Black September
arrived in Bucharest to attack the Embassy of Israel and
kill the ambassador, the general of Mosad, considered old
enemy of Palestinian people who coordinated several
activities against Palestinian people encountered on the
territory of other states, ended with dead and injured
persons. The terrorist team of the group Black September
entered on the territory of Romania by Bneasa Airport. But,
after bribing the customs ofcials and border policemen,
the luggage control was performed supercially. The
Palestinian people had at the bottom of the suitcase, in
places of expanded polyester, a machine gun, a few
chargers full with bullets, two grenades, a Palestinian ag
wrapped and a few copies of a statement in English by
which they explained why they attacked the Embassy of
Israel in Bucharest. After arrival, the team hid the arms and
munitions, thereupon they analysed the perimeter of Israeli
Embassy. During this time, the team of technicians and
forensic investigators of Counter-Espionage Department
managed to neutralize all arms (the bolts of machine guns
were cut, the bullets were discharged of powder and the
grenades were defused). The members of Palestinian
commando were arrested and forced to abandon Romania,
being explained that Romania does not tolerate terrorist
actions. This measure was taken without condemning
the members of terrorist group for their acts since Arafat
reached an agreement with Ceauescu to release the
members of the group.
The risk of terrorism led to the incorporation, in the
Department of State Security, of the Special Unit of Anti-
terrorist Fight (S.U.A.F.), with well-prepared structures from
the point of view of informative and technical activities,
following the prevention and ght against terrorism on the
territory of Romania.
In Romania, a signicant number of Palestinian people
continued to encounter shelter, being chased from their
territories by Israeli occupation as well as Jordanians,
Iraqis, Iranians, Lebanese, Syrians and from other Arab
countries.
The diplomatic representatives of U.S.A. and Israel
continued to be targeted by terrorist teams created on the
territory of Romania. In the prevention of terrorist acts,
according to the orders given, participated all the structures
of the Ministry of Interior.
Many of the actions performed by S.U.A.F. until 1989
were not known by population, but they were in the
advantage of Romanian state and people. It is signicant
the following case solved by S.U.A.F. staff.
A commando came from India to Bucharest to assassinate
the Indian ambassador from Romania. The members of
commando acted in broad daylight on Aviatorilor Avenue
from Bucharest, between Aviatorilor Statue and Herstru
Park, managing to injure the ambassador. The prompt
reaction of S.U.A.F. ghters saved the life of diplomat and
his wife who was accompanying him. On this occasion, a
terrorist was hit deadly and the other two captured.
Ion-Mihai Pacepa traitor and terrorist
Until 1978, in the External Information
Department of the former Department of
State Security, extremely serious facts
happened, namely national treason, with all
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 667
its dirty sides. Everyone heard about the case of the former
general Ion Mihai Pacepa who was prime-deputy of the
director of External Information Department (E.I.D.) and
security advisor of the former dictator Nicolae Ceauescu.
Another 30 ofcers joined him, passing on the enemy side,
delivering to espionage services who recruited them secret
documents, including E.I.D. and diplomatic cipher. As we
know, Romania established a record by this high number of
traitors which must be homologated. Their national treason
has neither an ideological nor a political justication. The
country, Romania, is wrapped by the three colours of the
National Flag, nothing more, nothing less. The traitors
bedraggled this Flag. The treason of Pacepa and of the
others was possible since, in a dictatorship regime, such
that of Ceauescu, anything was possible.
How did Pacepa enter into security?
Ion-Mihai Pacepa was born on October 28th 1928,
graduated the Faculty of Chemistry in 1951. He began
his career in Security, pursuant to the relations of his
father, Pacepa, Jewish, originary from Czechoslovakia,
with the former chief of Staff Department of Ministry of
Interior, general Demeter (Jewish). He worked a period as
ofcer in the central unit of economic counter-information,
afterwards, with the support of some
well-intentioned people, he is moved in
E.I.D. In January 1956, he is appointed
head of espionage residence in F.R.G.
where he was also occupying the
ofcial position of Head of Romanian
Commercial Representation. By
informative combinations specic to
information bodies, Ion-Mihai Pacepa
was recruited by espionage services of
F.R.G. and U.S.A., passing under their
control. Some of his actions of treason
are:
a) Being in mission in F.R.G., on
July 18th 1958, the ofcers Constantin
Horobe and Nicolae Ciuciulin were
arrested in Wurms Germany by
counter-informative bodies from that
country and from U.S.A. After the
falling of the two ofcers, Pacepa
was withdrawn from the management of residence in
Frankfurt. The two ofcers were condemned but they
refused the proposal of political asylum. Pursuant to some
arrangements, in June 1959, the two ofcers were released
from prison and delivered to Romanian authorities. In the
country, a new investigation was initiated and they were
kept in prison until March 1960, when they were released.
In a discussion with Constantin Horobe, the author of
this article found out that the one who had betrayed them
was Ion-Mihai Pacepa. Although in time this problem was
brought to the knowledge of leading factors, no measure
was taken since Pacepa was considered the man who
carried out several missions with good results. One of
the missions was that of capturing and bringing in the
country of the legionary Beldeanu who headed the attack
in 1956 from Romanian Embasy in Switzerland. With
the help of American espionage, Beldeanu was taken in
Democratic Berlin, under cover, to carry out a mission and
arrested, being condemned to death by Supreme Court of
Romania.
Pursuant to his results, Ion-Mihai Pacepa became
the advisor of Ceauescu for security and technological
development and in the year 1974, he is advanced on the
degree of general-lieutenant.
Ceauescu family relied highly on this traitor. Although
during a meeting from Crimea, between Ceauescu and
Brejnev, the latter warned him: In your country, a general
works for Americans our information is certain take
action. Ceauescu, instead of taking the necessary
actions, asked Pacepa to nd out who the traitor was. As
he was clever and skilled to escape from difcult situations,
Pacepa managed once again to avoid being discovered.
Pacepa was both national traitor and professional
assassin. The crimes of which Ceauescu was accused
were in fact committed by Pacepa, being
for many years the secret advisor of
Ceauescu. The hanger and freezing
actions taken against the people were
taken as well pursuant to the advices
of Pacepa, suggested by C.I.A. The
recipe soya salami was also brought by
Pacepa.
b) We shall present a case of terrorism
headed by Pacepa himself and his chief,
general Doicaru, committed in Dorobanti
Hotel, in Bucharest, in the evening of
August 7th 1975.
The Serb Vlado Dopcevici arrived
in Bucharest on July 30th 1975, who
had been in exile in Belgium, being
the ercest opponent of Tito. Pacepa,
pursuant to Tito interventions to
Ceauescu, was appointed by the latter
to solve the operation. A few days before
the arrival in Bucharest of Dopcevici and his collaborator
Stojanovici, Pacepa organised the action and trained the
subordinated staff who were to participate to the mission
as well as some performance sportsmen (boxers). In the
training of the participants to action participated as well the
general N. Doicaru. All participants undertook not to reveal
the information received about the activities to be carried
out. As they arrived, the two Serbians were accompanied
by the named Alexandru Opojevici and Djordje Markusev,
leaders of Serbian dissident organisation in Romania.
During the trips in Bucharest, Stojanovici (he had an
athletic body, imposing height, hands long down to knees,
pallet-like palms) was very careful to see whether they
were followed.
On August 7th 1975, when the criminal action was to
take place, several Serbian ofcers participated to action,
with three cars, equipped with radio transceivers. In the
evening of that day, when the plan was to be applied,
respectively on Grigore Mora street, near Aviatorilor
Statue, a torrential rain started. Therefore, Pacepa ordered
the application of the plan in Dorobani Hotel. When they
arrived at hotel, the two Serbians were directed to the room
by Opojevici. When entering the room, Stojanovici and
Opojevici were strongly hit in the head. Dopcevici was hit
668 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
as well as he opposed resistance. Pursuant to this action,
Opojevici died instantly, the other two were administrated
3 injections for sedation. Subsequently, Stojanovici died as
well. All three were put in the luggage carrier of the cars of
Serbian ofcers and withdrawn through the border point
without being controlled by competent bodies. Dopcevici
recovered and was arrested by Yugoslavian security.
The results of action were reported to general Doicaru
who rewarded his deputy, general Pacepa.
The family of Opojevici (his wife and son) tried to nd
out the truth about the disappearance of her husband,
including at U.N.O. and International Red Cross, but the
truth was not found out.
Although Ion-Mihai Pacepa, for the facts committed,
was condemned to death for national treason, after 1990,
he was rehabilitated and he was granted a substantial
pension and a high compensation, being considered ghter
against communism.
In the following numbers, we shall present as well other
aspects related to the activity of this defector.
General Nicolae Militaru decapitated the leadership of
S.U.A.F.
Coming from the same village as Nicolae Militaru, I knew
him since childhood. He was born in Bleti commune,
Gorj county, having the name of Nicolae Lepdatu. Before
performing the military stage, with a brother of him, he
was playing the trumpet (bugle) at weddings and funerals.
Being incorporated in a military unit of Ministry of National
Defence, he was sent to the school of ofcers and, after
graduation, he changed his name from Lepdatu to Militaru.
Shortly after, Militaru was sent to attend the courses of a
Military Academy in former U.S.S.R., when he was recruited
as agent by the army intelligence service (GRU). After the
graduation of the Academy, Militaru was appointed on
important positions in the army and advanced in degree, up
to that of general. After the counter-information bodies of
army discovered that he was agent of intelligence service of
former U.S.S.R., Ceauescu withdrew him from army and
appointed him on a civil position. Being dissatised of this
measure, Militaru, with other former communist dignitaries,
generals and ofcers in the same situation organised the
removal of Ceauescu.
During the events from December 1989, respectively
on December 23rd, around 16,00, Ion Iliescu appointed
verbally Nicolae Militaru minister of defence. The decree of
reactivation of the general-colonel Militaru was signed by
Ion Iliescu on December 26th 1989 and on December 28th
he was advanced on the degree of army general.
In order to avenge on the ofcers Trosc and Cotun
from S.U.A.F. leadership (these two had worked before
in the unit of military counter-information and had turned
informer Militaru for his relation with Soviet espionage),
Militaru wanted to kill the entire staff of S.U.A.F. since this
was a nest of terrorists.
On December 24th, he ordered that the entire staff
of S.U.A.F. to be gathered on Steaua stadium for front
review. The calling was done by phone, not by written order,
personally by general Militaru. First, he tried by general
Iulian Vlad, but the latter refused, thereupon, he resorted
to colonel Gheorghe Gherghina, surrogate of colonel
Ardeleanu, but he refused as well to enter the dangerous
game anticipated, telling him that front review may take
place in S.U.A.F. premises where was registered the
entire staff and guarded by 240 parachutists of A.I.D. units
of diversion (Ministry of National Defence) from Buzau,
Caracal and Campia Turzii. At the seat of S.U.A.F. were
also 11 tanks, endowed for war surrounding the premises,
everything being under control.
Since his scenario succeeded, Militaru ordered colonel
Ardeleanu, head of S.U.A.F., retained in the premises of
the Ministry of National Defence to send the ofcers Trosc
and Cotun with a S.U.A.F. team to defend the premises of
the Ministry of National Defence, where important leaders
of Revolutions were staying, even Ion Iliescu. Until the
arrival of S.U.A.F. crew, Militaru prepared an ambush,
killing the eight S.U.A.F. members. Colonel Gheorghe
Trosc was decapitated, his head was placed on an A. B.I.
and the word Terrorist was noted. The corpses of S.U.A.F.
members were left in the street, more than 24 hours and
profaned.
General Militaru, the one who ordered the killing of
S.U.A.F. members, was dismissed from the position
of minister of Ministry of National Defence pursuant
to an action without precedent before the provisional
Government, in February 1990, organised by C.A.D.A.
(organisation created by militaries within the Ministry of
National Defence). On February 12th 1990, C.A.D.A.
members drew up the Appeal towards the president of
Provisional Council of National Union (P.C.N.U.) by which
they demand the truth about the role of Army in the events
from 1989 and the removal of compromised military staff,
including the KGB general Nicolae Militaru. Consequently,
there were taken actions of disbandment of this general
and his replacement with general Victor Stnculescu (man
of England).
A few months later, Anti-terrorist Brigade paid homage
to its heroes, the day of December 24th being decreed
the day of Anti-terrorist ghter. Therefore, the death of
S.U.A.F. members before the seat of the Ministry of National
Defence will remain an example of supreme sacrice in the
history of S.U.A.F.
Unfortunately, on February 28th 2011, the president of
Romania signed a decree by which it is withdrawn the title
of Hero-Martyr of Romanian Revolution from December
1989 of col. Gheorghe Trosc and of the other S.U.A.F.
members who died as martyrs, being assassinated on the
order of general Militaru.
In the world we are living, when terrorists run riot,
exceeding any line of wrongdoing, we need anti-terrorist
structures as air.
Bibliography
1. Neagu Cosma, Ion Stnescu, Shaken Truths,
Publishing House and Typography PACO, Bucharest, 2001,
I.S.B.N. 973-8314-37-2.
2. Romanian espionage and counter-espionage,
Publishing House and Typography PACO, Bucharest, 2001,
I.S.B.N. 973-97169-8-9
3. VITRALII Review Lights and Shadows, edited by
Association of Disbanded and Withdrawn Military Staff within
Romanian Intelligence Service no 1 December 2009, no. 2,
3, 4 and 5 2010, no. 6 March 2011.
4. Current newspaper no. 37 (4689), Wednesday,
March 2nd 2011, the article Trosc decapitated the second
time, author George Roncea.
- to be continued -
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 669
EX PER TI Z TR AS EOLOGI C ATI PI C
ATYPICAL EXPERTISE OF TRACE EVIDENCE
Abstract
After a brief denition of a trace evidences object, an atypical case is presented for
applying this type of forensic examination to prove the use of a clothing accessory items.
Qualities, resourcefulness and passion are highlighted as being necessary for the forensic
expert to solve some of the unusual problems encountered in the judicial practice.
Key words: forensic expertise, trace evidence, belt, behind the compression, experiment,
overlap.
Rezumat
Dup o scurt denire a obiectului traseologiei este prezentat un caz atipic de aplicare
a acestui gen de examinare criminalistic la probarea folosirii unui accesoriu al obiectelor
de mbrcminte. Sunt evideniate calitile, inventivitatea i pasiunea expertului criminalist
necesare rezolvrii unor probleme inedite ntlnite n practica judiciar.
Cuvinte cheie: expertiz criminalistic, traseologie, curea, urm de presare, experiment,
suprapunere.
Associate prof. dr. Gh. PESCU authorised forensic expert
Paul CHENDE ofcial forensic expert
The imprint can be dened as a specic part
of the forensic science that is based on studying,
observation and conclusion of the prints that would
occur as a result of direct contact between two
items. The great majority in this eld will refer, but
not limited, to the footwear prints, tire grooves, tools
used by criminals to break in, force in, cut, prick,
etc. These imprints are sometime found at scenes of
crime and may meet the criteria for a forensic special
examination.
The forensic specialists are sometime
called to probe and conclude upon less
ordinary imprints that may benet in return
a police investigation. The nature and/or
how these less ordinary imprints occur
may reveal and probe facts in issue of a
specic criminal offense, and sometime
may lead to the very person that committed the crime.
When speaking about imprints it may be referred to
the wear and tear prints made by garments or footwear
that could be revealed as a result of long employment/
usage; also the imprints revealed on the objects that had
direct contact with the scene of crime: soil, stones, walls,
vehicles, tools, etc. For example: the imprints revealed
on the body or bracelet of a wrist clock that was used
by the victim, or the imprints revealed on the footwear
or garments of the deceased as a drag effect from one
place to another, or the imprints revealed on the moving
vehicles, etc.
Below it will be demonstrated a case of a less ordinary
forensic examination faced by specialists of Ministry of
Domestic Affairs, Maramures County Branch, Forensic
Identication Unit.
In supporting the Crime Unit investigation, a forensic
examination was performed in order to reveal facts in
respect to a pants belt. For this matter, it was asked to be
demonstrated whether the leather belt, make REPLAY
BELTS, seized from the suspect M.V. revealed imprints
that would point toward a belt use/overuse. The forensic
specialist took benet from the belt seized from the
suspect M.V. and an unused, new, same make and
model belt.
Photo no.1- the belt seized from the suspect M.V.
The belt seized from the suspect M.V. (photo no.1)
description: italian make, commercial brown genuine
leather (body) and metal (buckle). Total length of 1050
mm, width of 45 mm, and depth of 4 mm.
All along the surface, on both sides, the belt consisted
of two ranks of metallic, parallel and circular staples,
yellow in colour; 10 mm diametre each; distance in
between each other of 19 mm.
At a distance of 92 mm from the buckle end, at a
length of 114 mm, the belt included a number of ve
orices protected by circular metallic staples of 12 mm
diamentre each, located at the median level, 14 mm one
from each other. These orices represent places where
670 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
the buckles pin may t in for the purpose of adjusting the
belt at a specic size (photo no. 2).
Photo no.2 - make, country of origin, material and
size, engraved on the back. side posterioar;
A static imprint of depth was located between the
orices three and four; width of 5 mm, all along the width
of the belt, slightly oriented to the left. It was believed that
this imprint was created by the buckle use (photo no.3).
This imprint met one of the circular metallic yellow staples.
The staple showed on its ring an imprint of friction/ling,
created by the buckle (photo no.4). In general, the belt
seemed to be in good condition, without other noticeable
imprints, but the one already mentioned.
Photo no.3 imprint of depth created by the buckle
between the orices three and four.
Photo no.4
imprint of friction/
ling created by
the buckle on one
of the said ring.
c a p s e l me t a l i c e
inelare;
The new belt used for comparison presented identical
characteristics to the belt seized from the suspect as
already described above.
The forensic specialist that took charge of this work
proceeded to an original experiment, but according to
the legal statutes and police procedures, for the purpose
of identifying the necessary timeframe for an imprint to
reveal itself as a result of use/overuse.
For this matter the forensic specialist used the new
belt, which was applied at his own pants. The belt was t
to the pants in such a manner that it would not create any
discomfort to the subject (photo no. 5).
Photo no.5 indicating the new belt t to the subjects
pants for comparison.
The forensic specialist compared the imprint found on
the seized suspects belt (L), to the imprint created by the
new belt (C) after 1, 8, 16, 28, 40 and 80 hours of use as
indicated in photographs 6 to 22.
The testing was performed on two occasions:
immediately after the belt was taken off the pants and
after the belt was off the pants, but it was the same length
of time as if the belt was on.
1. after 1 hour:
there was no imprint made by the buckle on the belt
Photos no 6 and 7
buckle contact area
on the belt viewed at a
front and depth levels
(L - suspects belt,
C comparison belt).
2. after 8 hours:
The imprint created by the buckle on the comparison
belt became visible without having the depth of the
suspects imprint
The imprint is not stable. After 12 hours of non-use
the material came back to the original shape; the imprint
created by the buckle was not visible anymore.
Photos no.8 and
9 - contact area of
buckle/belt after 8
hours of use. The in-
depth photographs
showed the angle
formed by the belt
where it made
contact.
Photo no.10
the buckle contact
area after a 12
hours of non-use.
3. after 16 hours:
the same details were observed after 16 hours of
belt use;
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 671
the imprint remained visible after 12 hours of non-
use, though very weak in shape.
Photos no.11,12
and 13 buckle
and belt contact
area after 16 hours
of use. The in-
depth photograph
showed the angle
formed by the belt
on the contact area
and also a height
difference.
Photo no.14
the suspect
imprint and the
comparison imprint
after 12 hours of
non-use.
4. after 28 hours:
the imprint created on the comparison belt was
shaped and stable, still without having the depth of the
belt seized from the suspect;
Photos no.15 and 16 the buckle and belt contact
after 28 hours of use and after a 12 hours of non-use.
The in-depth photograph showed a height difference
between the two belts.
5. after 40 hours:
The imprint of the comparison belt is shaped, visible
and stable, still without having the depth of the belt seized
from the suspect;
Photos no.17 and 18 buckle
and belt area after 40 hours
of use, then after another 12
hours of non-use. The in-depth
photograph showed a height
difference between the two
belts.
6. after 80 hours:
both imprints showed the same in-depth;
the testings were performed after 72 hours of non-
use in total.
Photos no.19 22 buckle and belt contact area after
80 de hours of use and after
72 hours of non-use. The in-depth photograph showed
angle and height consistency in the area where the two
belts were bent.
Based on these empirical
observations, the forensic
specialist formed the following
conclusion: the experiment
that involved the leather pants
belt seized from the suspect
M.V. make REPLAY BELTS
contained a static imprint of
depth, that was created between
the third and fourth orice on
the belt, positioned slightly to
the left, imprint that was created
by the belts buckle, and similar
to the imprint created on the
comparison belt during an 80
hours trail and error timeframe.
672 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
UN VALOR OS PENALI S T I CR I MI NALI S T
CONF. UNI V. DR . CONS TANTI N DUVAC
A VALUABLE CRIMINAL AND FORENSIC
SPECIALIST DR. CONSTANTIN DUVAC
Abstract
In this article, are presented, briey, a few aspects about the activity of a science man, dr.
Constantin Duvac, vicepresident of Romanian Forensic Association, who elaborated a range of
works in the eld of law and forensic science.
Key words: Valea Mare - Gorj commune; Police Academy Alexandru Ioan Cuza; acquirement
the title of law PhD; works performed; positions occupied in M.A.I.
Rezumat
n acest articol sunt prezentate, n sintez, cteva aspecte despre activitatea unui om de
tiin, conf. univ. dr. Constantin Duvac, vicepreedinte al Asociaiei Criminalitilor din Romnia,
care a realizat o serie de lucrri n domeniul dreptului penal i criminalisticii.
Cuvinte cheie: satul Valea Mare - Gorj; Academia de Poliie Alexandru Ioan Cuza; obinerea
titlului de doctor n drept; lucrri realizate; funcii deinute n M.A.I.
Col. (r.) prof. Vasile LPDUI, editor
Each human settlement is
living in a geographic location,
in its own time, a time attested
by charters, archaeological
and ethnographic statements,
an historical but also mythical
time, gathered piece by piece on
the years ball, yarn, one by one,
out of the years bundle, where
it stored traits, behaviors and
attitudes, senses and beliefs, in
a specic material and spiritual
civilization.
Grand Valley Village, like many localities in Gorj, is set
at the contact between mountains and hills in an unrivaled
picturesque area. To the north is located the slightly curved
chain of Vlcanului mountains with its bluish limestone
stained by shades of rust patches of forest, and to the south
and east appear the gentle hills of the villages Pestiani,
Brncuis Hobia, Runcu and Arcani, accompanying the
cold and joyful waters of Bistria and Jale.
In the oasis of huge silence and deep calm, wrapped
in the calm light that comes from within being, where even
shadows seem to be spots of light, were conceived a series
of personalities of the Romanian
science and culture, who have not
forgotten their roots, being grateful to
the land that gave them everything.
As the great Brancui said I have
loved and not for a moment have I
left my ancestors and their millennial
philosophy of maturity.
One of these personalities is
Duvac Constantin, PhD. , who was
born on this land on 2nd of June
1973. Since the secondary school
training he decided to continue his
studies in legal sciences to help
combat anti-social acts, for bringing
to justice those who disregard the laws. He attended the
Faculty of Law of Alexandru Ioan Cuza Police Academy,
ending them with top ratings, after which he graduated with
the same marks, several postgraduate courses (business
law, criminal law, administrative sciences, etc.), furthermore in
2008 he presened his doctoral thesis in law (criminal
law specialization), entitled Apparent plurality of
crimes, at Academician Andrei Rdulescu Legal
Research Institute of the Romanian Academy,
getting top ratings from the Commission led by the
prominent criminal law professor George Antoniu,
PhD.
Being properly prepared, Constantin Duvac, PhD.
worked in several units of the Ministry of Interior,
holding senior management positions (Director of
the Directorate for Criminal Research of G.I.R.P.,
Directorate for Internal Control G.I.R.P., Directorate
for Legal Affairs of G.I.R.P., General Directorate for Control
of the Minister of Administration and Interior). Currently
holds the position of deputy director general of the General
Directorate for Control of the Minister of Administration and
Interior.
In addition to his professional career he has embraced
educational activity at law faculties of Spiru Haret University
- Bucharest, Gheorghe Cristea University - Bucharest and
Agora University - Oradea, being praised for his teaching
and knowledge.
And for his contribution to the administration of justice in
Romania, Constantin Duvac, PhD. was elected in the board of
some associations and scientic councils (Vice President of
the Romanian Forensic Association
and member of the Science
Board of the publication of this
association, the General Secretary
of the Romanian Association
of Criminal Law, International
Association of Criminal Law, Law
Union in Romania, etc.). He also
participated as a rapporteur or guest
to over 50 national or international
seminars/ symposia/ conferences.
The presentations made on these
occasions have been appreciated
by the participants and published in
magazines and specialized works.
Over 55 works of Constantin Duvac, PhD. have seen
the light of printing (treaties, university courses, studies,
articles, reviews of judicial practice, chronicles, etc..), some
in collaboration with great specialists in law. In this regard
are signicant the following:
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 673
Criminal Law. Special Part; Taking care
of the European Unions nancial interests by
criminal and criminal procedural ways; Apparent
plurality of offenses; Criminal protection of
designs; Violent crimes; Forensic investigation
of organized crime offenses. In late 2010, he has
made the work Criminal Law. Special Part, in two
volumes; which covers in particular the Criminal
Code and other normative acts occurred in recent
years. We strongly recommend these works of an
impressive scientic depth.
Another paper, which has recently seen the
light of pattern is called Preliminary explanations
of the new Criminal Code (Vol. I), under the
coordination of prof. George Atoniu, PhD., written by
George Antoniu, Costic Bulai, Constantin Duvac, Ioan
Griga, Gheorghe Ivan, Constantin Mitrache, Ioan Molnar,
Ilie Pascu, Viorel Paca and Ovidiu Predescu.
For his work, Constantin Duvac, PhD.
has received a series of honors and awards,
including: The Order Manhood and Faith in
ofcers rank, the Ioan Tanoviceanu award
of the Law Union of Romania.
Since his inclusion in the Romanian
Forensic Association, our colleague
has contributed to the preparation and
organization of international events. He is the
initiator and the person who was concerned
with elaborating the Draft Law on the practice
of the profession of private forensic expert,
setting up the Romanian College of Private
Forensic Investigators.
On this occasion we thank our distinguished
colleague Univ. lecturer Constantin Duvac, PhD. for the
contribution to the smooth running of the Association and to
the development of the Romanian forensic science.
O S CUR T ANALI Z A I NFR ACI UNI LOR DI N S FER A
CR I MI NALI TI I I NFOR MATI CE I NCR I MI NATE N LEGEA
NR . 161/ 20 0 3 I N NOUL COD PENAL AL R OMNI EI
A BRIEF ANALYSIS OF THE CRIMES FROM
THE CATEGORY OF CYBERCRIMES INCRIMINATED
BY LAW NO. 161/2003 AND BY THE NEW ROMANIAN
CRIMINAL CODE
Abstract
As a reection of the European concerns in the preventing and combating cybercrime, the
Draft on preventing and combating cybercrime (initially) was included in Title III of Romanian
Law no. 161/2003. In addition, most of the provisions which incriminate cybercrimes were
entered in the new Romanian Criminal Code as well. The present analysis covers both the
legal and constitutive content of each offense with the necessary explanations.
Key words: offences, cybercrime, incrimination, legislation.
Rezumat
Ca o reectare a preocuprilor europene de prevenire i combatere a criminalitii
informatice, proiectul cu privire la prevenirea i combaterea criminalitii informatice a fost
inclus (iniial) n Titlul III din Legea nr. 161/2003. De asemenea, majoritatea prevederilor
care incrimineaz criminalitatea informatic au fost introduse i n noul Cod penal Romn.
Prezenta analiz acoper att coninutul legal ct i cel constitutiv al ecrei infraciuni cu
explicaiile necesare.
Cuvinte cheie: infraciuni, infraciune informatic, incriminare, legislaie.
Univ. lect. dr. IONI GHEORGHE-IULIAN
Romanian-American University Bucharest
Introduction
As a reection of the European concerns in the preventing
and combating cybercrime, concerns materialized in the
development of the Convention on preventing and combating
cybercrim
1
(Romania was one of the rst countries which
signed this Convention), the Draft on preventing and
combating cybercrime (initially) was included in title III of
Law no. 161/2003
2
on measures for ensuring transparency
in exercise of public dignities, of public functions and in
business, preventing and sanctioning corruption. This title
regulates preventing and combating of cybercrime, through
specic measures of preventing, discovering and punishing
of the offences committed through systems, ensuring Human
rights and personal data protection
3
, blaming 8 offences,
which (most of them) are aligned by the Convention.
Also, in the new Criminal Code (Criminal Code 2009)
4

674 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
were taken (with more or less delity) those incrimination
provisions
5
.
1. Offences versus data and systems privacy and
integrity
Offences versus data privacy and integrity are designed
to protect condentiality, integrity and availability of data
and systems and not to incriminate the legitimate and usual
activities which are inherent in the protection of networks, or
the legitimate and usual operating activities and commercial
practices 6.
1.1. Illegal access to a system
Illegal access to a system is
7
main offence which contains
dangerous threats/attacks to or against data and systems
security (ex. condentiality, integrity and availability). The
need of protection reects the interests of organizations
and individuals to manage, operate and control their own
systems freely and unrufed. The unauthorized penetration
(namely hacking, cracking or PC penetration) should,
in principle, to be illegal, itself, as it can create obstacles
for systems and data legitimate users and may cause
alteration or destruction of those, which implies high costs
for reconstruction. Likewise, such insight can give access
to condential data (including passwords, information about
the target system) and secrets, may lead to use of the
system without paying or may even encourage hackers to
commit more dangerous forms of crime relating to use of
computer, such as fraud and false.
However, as was outlined in the specialty
8
literature,
it shouldnt be incriminated the regular activities relating
internet, inherent activities for network realization or normal
commercial operations such as: sending electronic messages
without being requested by the recipient, accessing a web
page or a le transfer protocol that was designed for public
access, using hypertext links or programs use type cookies
or bots to locate or obtain information that certain programs
to be ltered or rejected by the recipient server.
I. Legal content
9

According Art. 42 of Law no. 161/2003,
(1) The illegal access to a computer system is a crime
and is punished with imprisonment from 3 months to 3 years
or with ne.
(2) The fact mentioned at item (1), committed for the
purpose of obtaining computer data, is punished with
imprisonment from 6 months to 5 years.
(3) If the fact mentioned at item (1) or (2) is committed
by infringing the security measures, the punishment is
imprisonment from 3 to 12 years.
According to Art.360 (Illegal access to a computer
system) from the future Criminal Code,
(1) Access, without right, to a computer system is
punished with imprisonment from 3 months to 3 years or
with ne.
(2) The fact mentioned at item (1), committed for the
purpose of obtaining computer data, is punished with
imprisonment from 6 months to 5 years.
(3) If the fact mentioned at item (1) was committed on a
computer system that, through certain procedures, devices
or programs, the access is restricted or prohibited for certain
categories of users, the punishment is imprisonment from 2
to 7 years.
II. Crime object
a) Special legal object refers to those relations that
protects the inviolability of the computer system.
b) Material object may consist of information on which
system components turned criminal activity (data storage
media, computer network components).
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsible, because incriminating
rule does not advertise its quality. Beeind a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is the owner, the owner or
user of that computer system/ data.
IV. Objective part
a) Material element of the crime is achieved by
accessing a computer system.
b) Requirements of the material element concerns, in
this situation, the way of committing a crime:
in case of the standard variant (provided at par. 1):
accessing the computer system to be made without right,
in one of the following situations: (1) is unauthorized, under
the law or contract, (2) exceeds the authorization limits and
(3) doesnt have permission, from the natural or legal person
responsible, according to law, to grant, to use, manage or
control a computer system or to conduct scietic research or
to perform any other operation in an computer system;
in case of the aggravating variant (provided at par.
3): accessing the computer system to be made by violation
of implemented security measures (passwords, access
codes, etc.).
c) Immediate consequence is violation of computer
system and/or its resources (hardware, software, etc.).
d) Causal link
in case of the standard variant (provided at par. 1),
it must be proved, beeing an offence of outcome.
in case of the aggravating variant (provided at
par. 3), it must be proved the violation of security measures
(passwords, access codes, etc.).
V. Subjective part
a) Subiective element of the crime:
in case of the standard variant (provided at par. 1),
the guilt form that the act is committed, is intention, both
forms, direct and indirect;
in case of the aggravating variant (provided at par.
2), the guilt form that the act is commited is direct intention,
qualied by purpose.
b) Requirements of the subjectiv element, concern the
purpose of committing the crime, which is obtaining data, in
the case of aggravating variant (provided at par. 2).
VI. Forms
a) Preparatory acts are possible beeing a comisive
crime.
b) Attempt is punished according to par. 47.
c) Consumption occurs when accessing the computer
system itself attacked.
VII. Other specications
10
Romanian legislature has exceeded the recommendations
of the Convention, by incriminating as aggravating variant,
the situations when the crime is committed with the purpose
of obtaining computer data or by breaching security
measures.
The nal paragraph of Art.360 from future Criminal
Code no longer uses the term security measures (whose
meaning is not clear either in the title X Meaning of words
or phrases in criminal law), but take (largely) the meaning
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 675
of this from Art.35 par.(1) letter. h) of Law no.161/2003.
Likewise, penalty limits provided (in Art.360) for this way
of committing crime (imprisonment from 2 to 7 years) are
lower than those stipulated in the special law (Art.42) for
similar way of committing crime (imprisonment from 3 to 12
years).
1.2. Illegal interception of computer data
transmission
This indictment aim
11
is to protect the right to condentiality
of data communication. This is the same breach of
communications condentiality as traditional recording
of telephone conversation between people, applying this
principle to all forms of electronic data exchange, whether it
is done by phone, fax, e-mail or le transfer.
I. Legal content
12
According to Art. 43 of Law no. 161/2003,
(1) The illegal interception of any transmission of
computer data that is not published to, from or within a
computer system is a criminal offence and is punished with
imprisonment from 2 to 7 years.
(2) Similar punishment is applied also for the illegal
interception, of electromagnetic emissions from a computer
system carrying non-public computer data.
According to Art. 361 (The illegal interception of a
transmission of computer data) of future Criminal code,
(1) The interception, without right, of any transmission of
computer data which is not public and is meant to a computer
system, comes from such a system or is performed in a
computer system is punished from one to 5 years.
(2) With similar punishment is sanctioned the interception,
without right, of any electromagnetic emission from a
computer system, which contains non-public data.
II. Crime object
a) Special legal object refers to those relations that
protects data communitations condentiality.
b) Material object is missing because the social value
protected (communications condentiality) is not represented
by a material entity in objective reality and incriminated
conduct act is not exercised on a material entity (the data
transmission or electromagnetic emission which contains
computer data).
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsible, because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is the owner, the owner or
user of that data. In subsidiary, pasive subject may be the
person directly concerned by the interception of such data.
IV. Objective part
a) Material element of the crime is achieved by an
interception action of a computer data transmission (manner
provided by par. 1) and of a electromagnetic emission which
contines computer information (manner provided by par.2).
b) Requirements of the material element:
interception to be made without the right, in one
of the following situations: (1) is unauthorized, under the
law or contract, (2) exceeds the authorization limits and (3)
doesnt have permission, from the natural or legal person
responsible, according to law, to grant, to use, manage or
control a computer system or to conduct scietic research or
to perform any other operation in an computer system;
transmission of computer data contained in
electromagnetic emission to not be public.
c) Immediate consequence is a dangerous status which
concernes communication condentiality.
d) Causal link results from the act materialisation, ex
re; beeing a dangerous crime, it shouldnt be proven.
V. Subjective part
a) Subiective element of the crime, is intention, both
forms, direct and indirect.
VI. Forms
a) Preparatory acts although possible, are not
incriminated.
b) Attempt is punished according to Art. 47.
c) Consumption occurs when the actual interception of
data transmission which is contained in the electromagnetic
emission.
VII. Other specications
13
This time the Romanian legislature has not criminalized
as aggravated variant, the case when the act is committed
with intentional tort or link between that violation and a
computer system connected to another computer system.
For this crime, penalty limits provided in art.361 of the
future Criminal code, (imprisonment from 2 to 7 years), are
lower than those provided in special law (Art.43) for similar
crime (imprisonment from 3 to 12 years).
1.3. Alteration of computer data integrity
The purpose
14
of this incrimination is to provide data
and software protection similar to that enjoyed by tangible
objects against intentional harm. Legally protected interest
is the integrity and proper functioning or use of stored
computer data or computer programs.
I. Legal content
15
According to Art. 44 of Law no. 161/2003,
(1) The illegal alteration, deletion or deterioration
of computer data of the access restriction to such data
is considered a criminal offence and is punished with
imprisonment from 2 to 7 years.
(2) The unauthorized data transfer from a computer
system is punished with imprisonment from 3 to 12 years.
(3) The unauthorized data transfer by means of an
information data storing mean is also punished as in
paragraph (2).
According to Art. 362 (Alteration of computer data
integrity) of future Criminal code,
The illegal alteration, deletion or deterioration of
computer data of the access restriction to such data is
punished with imprisonment from one to 5 years.
According to Art. 364 (The unauthorized computer data
transfer) of future Criminal code,
The unauthorized data transfer from a computer system
or from any means of an information data storing is punish
with imprisonment from one to 5 years.
II. Crime object
a) Special legal object refers to those relations which
defend the existence/integrity/availability
of computer data.
b) Material object may consist of components (hardware)
of data storage if criminal activity was directed to them.
III. Crime subjects
676 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
a) Active subject of the crime is unqualied, author may
be any person criminally responsabile because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is the owner of that data.
IV. Objective part
a) Material object of the crime is achieved by one of the
following actions:
in case of the standard variant (provided at par. 1):
alteration, deletion, deterioration or restriction of accessing
to computer data;
in case of the assimilated variant (provided at par.
2 and 3): data transfer from a computer system or storage
means.
b) Requirements of material element concern, in this
situation, the way of crime committing:
in case of the standard variant (provided at par. 1):
alteration, deletion, deterioration or restriction of accessing
to computer data to be made without right, in one of the
following situations: (1) is unouthorized, under the law
or contract, (2) exceeds the authorization limits and (3)
doesnt have permission, from the natural or legal person
responsible, according to law, to grant, to use, manage or
control a computer system or to conduct scietic research or
to perform any other operation in an computer system;
in case of the assimilated variant (provided at par.
2 and 3), data transfer from a computer system or means
of storage to not be authorized, because (1) there is no
authorization (under the law or contract) and (2) exceeds
the authorization limits.
c) Immediate consequence is loss/unavailability of
computer data.
d) Causal link must be proven, beeing an outcome
crime.
V. Subjective part
a) Subiective element of the crime, is intention, both
forms, direct and indirect.
VI. Forms
a) Preparatory acts although possible, are not
incriminated.
b) Attempt is punished according to Art. 47.
c) Consumption occurs when loss/unavailability of
computer data
VII. Other specications
16
Romanian legislator incriminated, in addition to the
recommendation of the Convention, as distinct way of
committing this crime, restricting access to computer data,
without right, but didnt provided, as aggravating variant,
production of a result, serious damage.
In future Criminal code, there are incriminated (in Art.362
and 364) two separate offences (Alteration of computer data
integrity and Unauthorized transfer of computer data), but
which takes the content of incrimination from special law
(Art. 44), without limits of punishment, which are different.
So, in special law, limits provided are imprisonment from 2 to
7 years (in case of standard variant) and imprisonment from
3 to 12 years (in case of aggravating variant), compared to
imprisonment from 1 to 5 years, provided in future Criminal
code (in case of alteration of computer data integrity and
unauthorized transfer of computer data).
1.4. Hindering of systems functioning
This incrimination aims 17 an intentionally foreclosure
of the lawful use of computer systems or communication
equipment, by using or inuencing computer data. Legally
protected interest is the interest of operators and users of
computer systems or telecommunications systems to have
them in good condition. The text is formulated in a neutral
manner, so that all functions can be protected.
I. Legal content
18
According to Art. 45 of Law no. 161/2003,
The serious hindering, without right, of a computer
system operation, by the introducing, transmitting, altering,
deleting or deteriorating computer data or by restricting the
access to these data is considered a criminal offence and is
punished with imprisonment from 3 to 15 years.
According to Art. 363 (Hindering of functioning system)
from future Criminal code,
The serious hindering, without right, of a computer
system operation, by the introducing, transmitting, altering,
deleting or deteriorating computer data or by restricting the
access to these data, is punished with imprisonment from 2
to 7 years.

II. Crime object
a) Special legal object refers to those relations which
protect the systems operation in optimum conditions.
b) Material object may consist of components (hardware)
of data storage if criminal activity was directed to them.
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsabile because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is the owner, holder or user
of the computer system whose functioning is hindered.
IV. Objective part
a) Material object of the crime is achieved by an hindering
action to a computer system.
b) Requirements of material element:
disruption to be serious, which means to cause
malfunction/ computer system mulfunction.
disruption to be made without right, in one of the
following situations: (1) is unouthorized, under the law or
contract, (2) exceeds the authorization and (3) doesnt have
permission, from the natural or legal person responsible,
according to law, to grant, to use, manage or control a
computer system or to conduct scietic research or to
perform any other operation in an computer system;
disruption to be made in one of the following ways:
introduction, transmission, alteration, deletion, deterioration
or restriction of the access to that data.
c) Immediate consequence is malfunction/computer
system malfunction.
d) Causal link must be proven, beeing an outcome
crime.
V. Subjective part
a) Subiective element of the crime, is intention, both
forms, direct and indirect.
VI. Forms
a) Preparatory acts although possible, are not
incriminated.
b) Attempt is punished according to Art. 47.
c) Consumption occurs when is seriously disrupted
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 677
functioning of computer system or this is not working.
VII. Other specications
19
The Romanian legislature has kept these material element
requirements of the crime provided in recommendation
of crime incrimination (seriously and without right) and
even introduced an additional one, restricting the access to
computer data.
For this crime, limits of punishment provided in Art. 363
from future Criminal code (imprisonment from 2 to 7 years)
are lower than those provided in special law (Art. 45) for
similar crime (imprisonment from 3 to 15 years).
1.5. Illegal operations with computer devices or
sofware
This provision incriminate as separated and independent
crime 20 , intentional commission of specic criminal acts,
regarding certain devices or access data, to be misused
for the purpose of committing crimes described above
against data or computer systems condentiality, integrity
and availability. Since committing these crimes often require
the possession of means of access (hacker tools) or other
tools, there is a strong incentive to acquire them for criminal
purposes which may then lead to the creation of some sort
of black market for their production and distribution. To
combat such threats more effectively, criminal law should
prohibit specic acts potentially dangerous at source, before
committing the crimes provided above.
International organizations which ghts for freedom on
the Internet 21 insisted that incrimination and the concept
used is not sufciently clear to ensure that will not become a
base itself to investigate persons engaged in lawful activities
and that discourages development of new security tools,
giving the government an inappropriate role of Police for
scientic innovations.
I. Legal content
22
According to Art. 46 of Law no. 161/2003,
(1) The following are considered criminal offences and
punished with imprisonment from one to 6 years.
a) the production, sale, import, distribution or making
available, in any other form, without right, of a device or a
computer program designed or adapted for the purpose of
committing one of the offences established in accordance
with Arts.42-45;
b) the production, sale, import, distribution or making
available, in any other form, without right, of a password,
access code or other such computer data allowing total or
partial access to a computer system for the purpose of one
of the offences established in accordance with Arts.42-45;
(2) The possession, without right, of a device, computer
program, password, access code or computer data referred
to at paragraph (1) for the purpose of one of the offences
established in accordance with Arts.42-45 is also punished
similarly.
According to Art 365 (Illegal operations with devices or
computer programs) of future Criminal code,
(1) Act of production, sale, import, distribution or making
available, in any other form, without right, of:
a) device or a computer program designed or adapted for
the purpose of committing one of the offences established in
accordance with Arts 360-364;
b) password, access codes or other such computer data
allowing total or partial access to a computer system for the
purpose of one of the offences established in accordance
with Arts.360-364, is punished with imprisonment from 6
months to 3 years or with ne.
(2) The possession, without right, of a device, computer
program, password, access code or computer data referred
to at paragraph (1) for the purpose of one of the offences
established in accordance with Arts.360-364 is punished
with imprisonment from 3 months to 2 years or with ne.
II. Crime object
a) Special legal object refers to those relations which
protect the security of computer systems and stored or sent
data through them.
b) Material object is missing because protected social
value (the security of computer systems and stored or sent
data through them) is not represented by a material entity in
an objective reality.
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsabile because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is State.
IV. Objective part
a) Material object of the crime is achieved by one of
the following actions: production, sale, import, distribution
or making available (in any other form), possession of a
device or computer program, password, access code or
data (tools).
b) Requirements of material element:
tools to be produced, sold, imported, distributed,
made available, held without right, in one of the following
situations: (1) is unouthorized, under the law or contract, (2)
exceeds the authorization and (3) doesnt have permission,
from the natural or legal person responsible, according to
law, to grant, to use, manage or control a computer system
or to conduct scietic research or to perform any other
operation in an computer system;
computer program or device must be designed or
adapted for a well dened purpose;
passwords, access codes or other such computer
data must be able to allow access (totally or partially) to a
computer system.
c) Immediate consequence is creating a status of danger
for computer system security and for stored or sent data
through them.
d) Causal link results from act materiality, ex re; beeing
a crime of danger, it shouldnt be proved.
V. Subjective part
a) Subiective element of the crime is direct intention,
qualied by the purpose.
b) Requirements of subjective element, refers the
purpose of crime committing, one of those crimes against
data and computer systems condentiality and integrity.
VI. Forms
a) Preparatory acts, although possible, are not
incriminated.
b) Attempt is punished according to Art. 47.
c) Consumption occurs when committing any of
incriminated acts.
VII. Other specications
23
Romanian legislature, even if they never incriminated
and obtaining for use as a way of crime committing, has
adopted a clearer solution, for all incriminated activities, that
678 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
for purpose of committing one of those crimes provided
....
For this crime, limits of punishment provided in Art.365
of future Criminal code (imprisonment from 6 months to 3
years or with ne and imprisonment from 3 months to 2
years or with ne) are lower than those provided in special
law (Art.45) for similar crime (imprisonment from 1 to 6
years).
2. Computer crime
The following articles relate to ordinary crimes which are
often committed through a computer system
24
.
2.1. Forgery
The purpose 25 of this incrimination is to create a parallel
crime with forgery of tangible documents to cover gaps in
criminal law related to traditional forgery, which requires
legibility of text embedded in a document and which not
apply to electronically stored data. Handling these data with
evidentiary value may have the same serious consequences
as traditional acts of forgery in the case when a third party
is thus misled. Forgery in relation to computer use involves
unauthorized creation or modication of data stored, so
that they acquire a different evidentiary value during legal
operations which is based on authenticity of the information
contained in the data and is subject to deception. Legally
protected interest is safety and reliability of computer data
that may have consequences for legal relations.
The concept of computer forgery vary quite frequently
in national legislation. Can be distinguished two different
concepts of computer forgery: rst one is based on the
authenticity of the author, while second is based on the
veracity of its content. Anyway, the common basic element
must be linked to alteration of the authenticity and veracity
of data content.
I. Legal content
26
According to Art. 48 of Law no. 161/2003,
The input, alteration or deletion, without right, of
computer data or the restriction, without right, of the access
to these data, resulting in inauthentic data, with the intent to
be used for legal purposes, is considered a criminal offence
and is punished with imprisonment from 2 to 7 years.
According to Art. 325 (Computer forgery) of future
Criminal code,
The input, alteration or deletion, without right, of
computer data or the restriction, without right, of the access
to these data, resulting in inauthentic data, with the intent to
be used for legal purposes, is considered a criminal offence
and is punished with imprisonment from one to 5 years.

II. Crime object
a) Special legal object refers to those relations which
protect public trust in content of computer data.
b) Material object is missing because protected social
value (public trust in content of computer data) is not
represented in a material entity in an objective reality and
the incriminated act is not exercised on a material entity
(computer data).
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsabile because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is State.
IV. Objective part
a) Material element of crime is achieved by one of the
following act: input, alteration, deletion or access restriction
to computer data.
b) Requirements of material element:
input, alteration, deletion or access restriction
to computer data to be made without right, in one of the
following situations: (1) is unouthorized, under the law or
contract, (2) exceeds the authorization and (3) doesnt have
permission, from the natural or legal person responsible,
according to law, to grant, to use, manage or control a
computer system or to conduct scietic research or to
perform any other operation in an computer system;
as a result of these activities should result
inauthentic data.
c) Immediate consequence is creating a status of danger
for public trust in the data content, status of danger which
is generated just by inauthentic outcomes pursuant to the
falsication of data.
d) Causal link results from act materiality, ex re; beeing
a crime of danger, it shouldnt be proved.
V. Subjective part
a) Subiective element of the crime is direct intention,
qualied by the purpose.
b) Requirements of subjective element, concern
the purpose of crime committing, production of legal
consequences.
VI. Forms
a) Preparatory acts, although possible, are not
incriminated.
b) Attempt is punished according to Art. 50.
c) Consumption occurs when computer data falsication
and when is collected inauthentic data which generate the
status of danger.
VII. Other specications
27
Romanian legislator, as results from formulating
incriminating norm, focus on truthfulness: ... resulting in
inauthentic data.
In addition to the recommendation of the Convention,
Romanian legislator incriminated access restriction,
without right, to computer data as vivid way of committing
the offence.
However, for this crime, penalty limits provided in Art.325
of future Criminal code (imprisonment from one to 5 years)
are lower than those provided in special law (Art.48) for
similar crime (imprisonment from 2 to 7 years).
2.2. Computer fraud
The purpose 28 of this incrimination is to incriminate any
unjustied manipulation during processing with intention to
make an illegal property transfer. With the technological
revolution, had intensied opportunities for committing
economic crimes, such as fraud (including credit card
fraud). Assets represented or administrated by computer
system (electronic funds, cash deposits) have become the
target of manipulations like traditional forms of ownership.
These crimes consist mainly of input manipulations (in
case when incorrect data are entered into the computer) or
program manipulation and other interference with the data
processing.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 679
I. Legal content
29
According to Art. 49 of Law no. 161/2003,
Causing the loss of property to a person by the input,
alteration of deletion of computer data, by restricting
the access to such data or by preventing in any way the
operation of a computer system, in order to obtain an
economic benet for oneself or for another is punished with
imprisonment from 3 to 12 years.
According to Art. 249 (Computer fraud) of future
Criminal code,
The input, alteration or deletion of computer data, access
restriction to these data or prevent in any way the operation
of a computer system, in order to obtain a economic benet
for himself or for other, if caused a damage to a person, is
punished with imprisonment from 2 to 7 years.
II. Crime object
a) Special legal object refers to those relations which
protect person property.
b) Material object may be hard and computer system on
which computer data are stored.
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsabile because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is the owner, holder or
user of that data or computer system.
IV. Objective part
a) Material element of the crime is action of causing loss
of property.
b) Requirements of material element: loss of property
to be produced by data input,alteration, deletion or access
restriction or by preventing operation of computer system.
c) Immediate consequence is loss of property
production.
d) Causal link should be proved, beeing a outcome
crime.
V. Subjective side
a) Subiective element of crime is direct intention, qualied
by purpose.
b) Requirements of subjective element, concern the
purpose of crime committing and obtaining an economic
benet.
VI. Forms
a) Preparatory acts, although possible, are not
incriminated.
b) Attempt is punished according to Art. 50.
c) Consumption occurs when loss of property is made.
VII. Other specications
30
From incrimination adopted by Romanian legislator,
had disappeared (towards Convention recommendations)
circumstance of damage iniction intentioned and without
right, and also circumstance of getting benet with
fraudulent or delictual intent and without right, detalied
exposures which presents important legal consequences.
It should be exposed detalied, both in terms of objective
and subjective point of view, incrimination provisions
adopted by the Romanian legislator, by introduction of few
phrases like without right and unjust, so,
(a) Art. 49 of Law no. 161/2003 should have the fallowing
formulation: The act of causing the loss of property to a
person by the input, alteration of deletion of computer data,
by restricting the access to such data or by preventing in
any way the operation of a computer system, without right,
in order to obtain an unjust economic benet for oneself or
for another....
(b) Art. 249 of future Criminal code (Computer fraud)
should have the fallwoing formulation: The input, alteration
of deletion of computer data, by restricting the access to
such data or by preventing in any way the operation of a
computer system, without right, in order to obtain an unjust
economic benet for oneself or for another....
Also, for this crime, penalty limits provided in Art.249
of future Criminal code (imprisonment from 2 to 7 years),
are lower than those provided in the special law (Art.49) for
similar crime (imprisonment from 3 to 12 years).
3. Child pornography through computer systems
The incrimination seeks
31
to strengthen protection
measures for children, including protection against
sexual exploitation, by criminal law modernization to
better circumscribe the use of computer systems in the
commission of sexual crimes against children. This provision
incriminates various aspects of the production, possession
and distribution of electronic pornographic materials. Most
states already are incriminating the traditional production
and physical distribution of child pornography, but with
increasing use of the Internet as the main instrument for
trading such material, was felt more strongly that the
specic provisions in an international legal instrument is
essential to combat the new form of sexual exploitation and
child endangerment. It is considered that such materials
and online practices, like ideas exchange, fantasies and
counseling among pedophiles, plays an important role in
supporting, encouraging or facilitating sexual crimes against
children.
I. Legal content
32
According to Art. 51 of Law no. 161/2003,
(1) Producing for the purpose of its distribution, offering
or making available, distributing or transmitting, procuring
for oneself or another of child pornography material, or
possessing, without right, child pornography material
within a computer system or computer data storing device
is considered a criminal offence and is punished with
imprisonment from 3 to 12 years.
(2) Attempt is punished.
According to Art. 374 (Child pornography) of future
Criminal code,
(1) Producing, possession for the purpose of exposing
or distributing, procuring, storage, exposure, promotion,
distribution and making available, in any way of child
pornography materials is punished with imprisonment from
one to 5 years.
(2) If the facts set up in par.(1) have been made through
a computer system or other data mean storage, the
punishment is imprisonment from 2 to 7 years.
(3) Accessing child pornography materials, without right,
through computer systems or other means of electronic
communications, is punished with imprisonment from 3
months to 3 years or with ne.
(4) By child pornography materials we mean any material
which presents a child with a explicit sexual behavior
or which, although is not representing a real person, is
simulating, in a credible way, a child with such a behavior.
(5) Attempt is punished.

II. Crime object
680 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
a) Special legal object refers to those relations which
protects (mainly) the public morality, decency, the good
morals and (secondly) ensures the protection of minors
against sexual exploitation.
b) Material object is missing because the social value
protected (the public morality, decency, the goods morals) is
not represented by a material entity in objective reality.
III. Crime subjects
a) Active subject of the crime is unqualied, author may
be any person criminally responsabile because incriminating
rule does not advertise its quality. Beeing a comisive act,
participation is possible in all its forms: co-authors, aiding
and inquiring.
b) Pasive subject of the crime is the minor which is
presented having a explicit sexual behavior.
IV. Objective side
a) Material element of crime is alternatively achieved,
by one of the following actions: offering, making available,
spreading, transmission, purchase or possession of child
pornography materials.
b) Requirements of material element:
producing of child pornography materials must be
made for the purpose of spreading;
possession of child pornography materials must
be made without right, in one of the following situations:
(1) is unouthorized, under the law or contract, (2) exceeds
the authorization and (3) doesnt have permission, from the
natural or legal person responsible, according to law, to
grant, to use, manage or control a computer system or to
conduct scietic research or to perform any other operation
in an computer system;
the incriminated activities must be deployed through
or in computer systems or data storage means.
c) Immediate consequence is creating a status of danger
for the public morality, decency, the good morals and also
for child development.
d) Causal link results from act materiality, ex re; beeing
a crime of danger, it shouldnt be proved.
V. Subjective side
a) Subiective element of crime is direct intention, both
forms, direct and indirect.
VI. Forms
a) Preparatory acts, although possible, are not
incriminated.
b) Attempt is punished according to Art. 51 par. 2.
c) Consumption occurs when achieving one of the
actions listed in incriminating rule.
VII. Other specications
33
The Romanian legislature had incriminated (in Art.
374 par. 3 of future Criminal code), in addition to the
recommendations of the Convention, as a distinct way
of this crime committing accessing, without right, of child
pornography materials, through computer systems or
other electronic communications means. Nevertheless, in
par. (4) of the same Article (where is explained the mean
of term child pornography materials), it was not included
the situation when an adult person which is presented as
a child with a explicit sexual behavior, situation included in
Art.35 par. (1) letter i) of the special law.
Also, for this crime, penalty limits provided in Art. 374 par.
(2) of future Criminal code (imprisonment from 2 la 7 years)
are lower than those provided in the special law (Art.51) for
similar crime (imprisonment from 3 to 12 years).
Conclusions
At least at the declarative level, we can boast
with a modern legislation in preventing and combating
cybercrime area.
Also toward preventing and combating cybercrime,
it is necessary the introduction of some special cases
of unpunishment or penalty reduction for those who
denounce or facilitate other participants identication
and liability, because, during the time, those methods
have proved effectiveness in black number of criminality
reducing (in other forms of manifestation too), and in
dealing expeditiously of the investigated crimes.
Should be introduced a new paragraph in Law no.
161/2003 or/and in future Criminal code, through which
to provide:
(a) Shall not be punished the person, which had
committed one of the crimes provided in Art. , but
which, during the criminal proceedings, denounce or
facilitate the identication and liability of other person
wich had committ
(or/and)
(b) Benets of reducing by half of penalty limits
provided in Art. , person which, during the criminal
proceedings, denounce or facilitate the identication
and liability of other person wich had committ ....
Bibliography
1. Baron, R., A Critique of the International Cybercrime
Treaty, 2002, Common Law Conspectus: Journal of
Communication Law and Policy, vol. 10, p. 268.
2. Council of Europe, Convention on Cybercrime (CETS
no: 185), available at: http://conventions.coe.int/Treaty/en/
Treaties/Html/185.htm (last time accessed 24.08.2010).
3. Council of Europe, Convention on Cybercrime (ETS
No. 185) Explanatory Report, pct. 33, available at: http://
conventions.coe.int/Treaty/en/Reports/Html/185.htm (last time
accessed 29.08.2010).
4. Global Internet Liberty Campaign, Global Internet
Liberty Campaign Member Letter on Council of Europe
Convention on Cyber-Crime, available at: http://gilc.org/privacy/
coe-letter-1000.html (last time accessed 30.08.2010).
5. Ioni G.I., Implementing the Provision of the
European Council Convention on Cybercrime in the Romanian
Legislation, in Acta Universitatis Danubius. Juridica, vol. 8, no.
3, 2010. available at http://journals.univ-danubius.ro/index.php/
juridica/article/view/675/614 (last time accessed 12.11.2010).
6. Ioni, G.I., Computer criminality, PhD thesis
(unpublished), Bucharest, Police Academy Alexandru Ioan
Cuza, (July) 2009
7. Law no. 161/2003 published in M.Of. nr.
279/21.04.2003.
8. Law no. 286/2009 published in M.Of. nr.
510/24.07.2009.
References notes
1. Council of Europe, Convention on Cybercrime (CETS
no: 185), available at: http://conventions.coe.int/Treaty/en/
Treaties/Html/185.htm (accessed last time on 24.08.2010)
2. Law no. 161/2003 published in M.Of. no.
279/21.04.2003.
3. Art. 34.
4. Law no. 286/2009 published in M.Of. nr.
510/24.07.2009.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 681
5. Ioni, G.I., Criminalitatea informatic, PhD thesis
(unpublished), Bucharest, Alexandru Ioan CuzaPolice
Academy, (july) 2009.
6. Council of Europe, Convention on Cybercrime (ETS
No. 185) Explanatory Report, pct. 33, available at: http://
conventions.coe.int/Treaty/en/Reports/Html/185.htm (last time
accessed at 29.08.2010)
7. Idem, pct. 44
8. See also Baron, R., A Critique of the International
Cybercrime Treaty, 2002, CommLaw Conspectus: Journal of
Communication Law and Policy, vol. 10, p. 268
9. According to Art. 2 din Convenie, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the access to the whole or any part of
a computer system without right. A Party may require that the
offence be committed by infringing security measures, with the
intent of obtaining computer data or other dishonest intent, or
in relation to a computer system that is connected to another
computer system.
10. Ioni G.I., Implementing the Provision of the
European Council Convention on Cybercrime in the Romanian
Legislation,n Acta Universitatis Danubius. Juridica, vol. 8, no.
3, 2010, p. 171-172, available at http://journals.univ-danubius.
ro/index.php/juridica/article/view/675/614 (last time accessed
at 12.11.2010).
11. Council of Europe, Explanatory Report, op. cit., pct. 51
12. According to Art. 3 of Convention, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the interception without right, made by
technical means, of non-public transmissions of computer data
to, from or within a computer system, including electromagnetic
emissions from a computer system carrying such computer
data. A Party may require that the offence be committed with
dishonest intent, or in relation to a computer system that is
connected to another computer system.
13. Ioni G.I., Implementing , op.cit., p. 172.
14. Council of Europe, Explanatory Report, op. cit., pct. 60
15. According to Art. 4 of Convention, 1. Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the damaging, deletion, deterioration,
alteration or suppression of computer data without right. 2. A
Party may reserve the right to require that the conduct described
in paragraph 1 result in serious harm.
16. Ioni G.I., Implementing , op.cit., p. 173.
17. Council of Europe, Explanatory Report, op. cit., pct. 65
18. According to Art. 5 of Convention, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally, the serious hindering without right of
the functioning of a computer system by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing
computer data.
19. Ioni G.I., Implementing , op.cit., p. 173.
20. Explanatory Report, op. cit., pct. 71
21. See also Global Internet Liberty Campaign, Global
Internet Liberty Campaign Member Letter on Council of Europe
Convention on Cyber-Crime, available at: http://gilc.org/privacy/
coe-letter-1000.html (last time accessed at 30.08.2010)
22. According to Art. 6 of Convention, 1. Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally and without right: a) the production,
sale, procurement for use, import, distribution or otherwise
making available of: (i) a device, including a computer program,
designed or adapted primarily for the purpose of committing
any of the offences established in accordance with Articles 2
through 5; (ii) a computer password, access code, or similar
data by which the whole or any part of a computer system
is capable of being accessed, with intent that it be used for
the purpose of committing any of the offences established in
Articles 2 through 5; and b) the possession of an item referred
to in paragraphs a.i or ii above, with intent that it be used for
the purpose of committing any of the offences established in
Articles 2 through 5. A Party may require by law that a number
of such items be possessed before criminal liability attaches.
2. This article shall not be interpreted as imposing criminal
liability where the production, sale, procurement for use,
import, distribution or otherwise making available or possession
referred to in paragraph 1 of this article is not for the purpose of
committing an offence established in accordance with Articles 2
through 5 of this Convention, such as for the authorised testing
or protection of a computer system. 3. Each Party may reserve
the right not to apply paragraph 1 of this article, provided that the
reservation does not concern the sale, distribution or otherwise
making available of the items referred to in paragraph 1 a.ii of
this article.
23. Ioni G.I., Implementing , op.cit., p. 174.
24. Council of Europe, Explanatory Report, op. cit., pct. 79
25. Idem, pct. 81
26. According to art. 7 of Convention, Each Party
shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic
law, when committed intentionally and without right, the input,
alteration, deletion, or suppression of computer data, resulting
in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible. A
Party may require an intent to defraud, or similar dishonest
intent, before criminal liability attaches.
27. Ioni G.I., Implementing , op.cit., p. 174.
28. Council of Europe, Explanatory Report, op. cit., pct. 86
29. According to art. 8 of Convention, Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally and without right, the causing of a
loss of property to another person by: a) any input, alteration,
deletion or suppression of computer data; b) any interference
with the functioning of a computer system, with fraudulent or
dishonest intent of procuring, without right, an economic benet
for oneself or for another person.
30. Ioni G.I., Implementing , op.cit., p. 175.
31. Council of Europe, Explanatory Report, op. cit., pct. 91
i 93
32. According to art. 9 of Convention, 1. Each Party shall
adopt such legislative and other measures as may be necessary
to establish as criminal offences under its domestic law, when
committed intentionally and without right, the following conduct:
a) producing child pornography for the purpose of its distribution
through a computer system; b) offering or making available
child pornography through a computer system; c) distributing
or transmitting child pornography through a computer system;
d) procuring child pornography through a computer system for
oneself or for another person; e) possessing child pornography
in a computer system or on a computer-data storage medium.
For the purpose of paragraph 1 above, the term child
pornography shall include pornographic material that visually
depicts: a) a minor engaged in sexually explicit conduct; b) a
person appearing to be a minor engaged in sexually explicit
conduct; c) realistic images representing a minor engaged in
sexually explicit conduct. 3. For the purpose of paragraph 2
above, the term minor shall include all persons under 18 years
of age. A Party may, however, require a lower age-limit, which
shall be not less than 16 years. 4. Each Party may reserve
the right not to apply, in whole or in part, paragraphs 1, sub-
paragraphs d. and e, and 2, sub-paragraphs b. and c.
33. Ioni G.I., Implementing , op.cit., p. 175.
682 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
PUBLI CI TATEA DR EPTUR I LOR R EALE
PUBLICITY OF REAL RIGHTS
Abstract
This article approaches the issue regarding publicity of real rights according to the
provisions of the Romanian private law. The thesis reviewer notes that are also analyzed the
offences of destruction and possession disturbance; by their criminalization are protected
the cadastre and real estate publicity.
Key words: publicity, real rights, cadastre, offence, destruction, possession
disturbance.
Rezumat
Acest articol abordeaz problema referitoare la publicitatea drepturilor reale conform
dispoziiilor dreptului privat romn. Revizuitorul tezei observ c sunt analizate de
asemenea infraciunile de distrugere i tulburare a posesiei; prin incriminarea lor, sunt
protejate cadastrul i publicitatea proprietii imobiliare.
Cuvinte cheie: publicitate, drepturi reale, cadastru, infraciune, distrugere, tulburarea
posesiei
Univ. lect. Nicolae GROFU, PhD candidate
At the end of last year, in the high
scientic atmosphere at the Institute for
Legal Research Acad. of the Romanian
Academy, took place in open meeting
the presentation of the thesis entitled
Publicity of real rights by Mrs. Oana
Florentina Ispas, university lecturer at
the Faculty of Law of the Romanian-
American University and also member
of Romanian Forensic Association.
The doctoral candidate presented the
subject in front of the doctoral committee,
chaired by Univ. Prof. George Antoniu
PhD., leading gure of the Romanian
legal research elite, consisting Prof Univ.
Marilena Uliescu PhD. - the scientic
leader, Univ. Prof. Smaranda Angheni PhD., Univ. Prof.
Dobrican Gheorghe PhD. and second degree researcher
Bogdan Ptracu PhD. - scientic reviewers, and of the
demanding audience composed of practitioners and
theorists of law.
The thesis embraces a particular area of the civil law,
which faces, not since now, a remarkable dynamic, being
an unusual and interesting initiative of mixing elements
of civil law with aspects of criminal law, constitutional
law, banking law and the law on intellectual property that
are involved in the current regime of regulation of the
securities and publicity of real estate. However, analysis
of legislation and judicial practice solutions from other
states and from the European Court of Human Rights
are added to local law, which increases dramatically the
interest in the thesis.
Although the doctoral thesis is not one of the rst papers
in which publicity of real rights is deeply researched, we
consider that it has the merit to be a new and actual
legal instrument, particularly useful for practitioners and
theorists of law, whom can nd most of the many problems
that have been raised by the controversial publicity of
real estate clarifyed, particularly those related to recent
legislative changes in the eld
(Government Emergency
Ordinance no. 64/2010
amending and supplementing
Law no. 7/ 1996 regarding
the cadastre and real estate
publicity).
The study begins with a
historical journey, showing the
causes and circumstances that
have led to determining the
occurrence and development
of the publicity of real rights,
which are common to any
system, namely to ensure the
security of the transaction. In
the same registry are analyzed
comparatively the system based on the opposability to
third parties and the constituent rights system.
The main chapter is exclusively dedicated to the
analysis of the publicity of real estate, with emphasis on
the new elements introduced by G.E.O. no. 64/2010 (the
new conception of the unitary system of cadastre and
land book, the in ofce establishment of the premises
for tabulation, the primary selective registration, the
assignment of new powers for the land registry recorder,
the possibility to register ownership right over buildings
on execution phases). This paper appears shortly after
the publication of the new Civil Code and the draft law
implementing it, a situation lucidly exploited by the author,
issue expressed by the members of the committee in the
ofcial papers, and also in the public presentation, which
certies an ofcial recognition of the scientic activity of
Mrs. Oana Florentina Ispas.
New land books in the concept of Law no. 7/ 1996
represent another pillar on which the PhD. candidate
has built the thesis, to this end the author examines in
detail with individual contributions the organization and
management of cadastral and land book, the content
of new land books, the computerization of land books
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 683
works, the principles of new land books, the entries and
actions of land books and several controversial issues
concerning the implementation of Law no. 7/ 1996.
Although secialized in civil law, Mrs. Oana Florentina
Ispas has managed to highlight the importance of
cadastre and publicity of real estate, not only through the
actions of the land book (the tabulation benet action,
the correction of entries in the land book and in rank), but
also by means of criminal law. Regarding the prejudice
brought to social values stated in the eld of cadastre
and publicity of real estate, in addition to the offences
1
that tackle this issue, two crimes are indicted
2
, which
are criminal acts that pose a greater social danger than
offenses:
The degradation or destruction of landmarks,
bench marks, surveying marks, and of geodetic signals
from the national network, located on ground or on
buildings, or the hindrance of conservation measures for
these assets shall constitute an offence of destruction,
and shall be punished according to the provisions under
Article 217 of the Criminal Code;
The setting up or displacement of boundary
marks and of the zone limit markings of railways, roads,
canals, airports, ports, navigable lines, forest, geological,
and mining delimitations, without the approval provided by
law, shall constitute an offence of possession disturbance
and shall be punished according to the provisions under
Article 220 of the Criminal Code.
The author treats in detail the crimes of destruction and
possession disturbance, punishable by Law no. 7 / 1996,
the analysis of these two crimes has proved to be useful
to the body of criminal prosecution called to investigate
the damage made to the social values protected by the
cadastre and publicity of real estate.
The last chapter of the thesis distinguishes by the
accuracy of the analysis and by the innovative nding
of an identication and implementation real estate
publicity system regarding the property right on ships
and aircrafts.
The criteria that a doctoral thesis should met nd
their fulllment through the novelty of advanced ideas,
through comparative law issues that are logically inserted
in the paper and by the interdisciplinary topic, all these
convincing the doctoral committee to grant the title doctor
of law with the mark very good and to recommend the
paper for early publishing, this proving to be since now
an useful legal information and analysis tool.
In her speech, Mrs. Oana Florentina Ispas expressed
her gratitude to Mr. Univ. Prof. George Antoniu, PhD. and
Mrs. Univ. Prof. Marilena Uliescu, PhD. and thanked her
mentor Univ. Prof. Lucian Stngu, PhD. for his contribution
to her training and development as a theorist and
practitioner of law, and also to her family who supported
her efforts both in science and in daily activity.
Reference notes
1. See article 64 paragraph. 2 of the Law no.
7/1996;
2. Ibidem article 65 paragraph. 3 and 4 of the Law
no. 7/1996.
CONS I DER AI I PR I VI ND PR OBELE DI GI TALE
OBSERVATION CONCERNING DIGITAL EVIDENCE
Abstract
Digital evidence are used in an investigation for the same purposes as physical evidence,
however, the major difference between these two kinds of evidence is determined by the fact
that digital evidence represent only a value and they are not tangible objects. Apparently,
digital evidence are not obvious, being included in informational equipments which store
them. Investigation equipments and specic softs are necessary to make this evidence
available, tangible and usable.
Key words: digital evidence; informational systems; volatile digital evidence; non-volatile
digital evidence; standards in the eld of digital evidence.
Dr. Adrian-Cristian MOISE
Lawyer Dolj Bar
adrian_moise82@yahoo.com
684 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
1. Preliminary Considerations on the Denition
of Evidence
The criminal trial is a process of cognition, in which
the judicial body must reach the truth. During the activity
of establishing the truth, the elements leading to the
realization of cognition are represented by the evidence.
In order to realize this task by the judicial body, a very
important role is played by the judicial probation.
Judicial probation represents the activity of
establishing judicial acts or facts from which the rights
and obligations of the parties were born in a judicial
relationship, according to the law
1
.
Thus, judicial probation constitutes the central point of
the criminal trial, consisting of two elements: the evidence
and the means of evidence
2
.
In criminal matters, the notion of evidence is dened
even by the law, more precisely, in Article 63, paragraph
1 in the Code of Criminal Procedure, according to which,
a piece of evidence is any factual element serving to
establish the existence or non-existence of a crime, to
identify the person who committed the crime, and to
know the circumstances that are necessary to settle the
case. Thus, the piece of evidence comprises a dual
functionality:
the piece of evidence represents an element of
cognition, through which the judicial body establishes the
truth;
the piece of evidence represents a means of
proof, the parties using or proposing the administration
of evidence in order to prove their allegations and
arguments.
In legal language, the notion of evidence is often used
both in the sense of piece of evidence and of means
of evidence; the two notions are different though, as the
proof system includes the pieces of evidence and the
means of evidence as two different judicial categories:
1. The pieces of evidence represent facts or factual
circumstances that lead to the objective establishing of
the truth and to the just settlement of the case brought for
investigation or trial before the judicial bodies.
2. The means of evidence represent the legal
procedures through which the pieces of evidence are
administered.
It has also been highlighted in the specialized
literature the fact that, the piece of evidence should be
confused neither with the means of evidence, nor with
the procedures of probation, as the latter are means
of bringing to light the pieces of evidence contained in
the means of evidence. Criminal law stipulates certain
procedural conditions that must be observed for the
piece of evidence to be accepted, namely:
3
a) The piece of evidence must not be prohibited by
law, in the specialized literature being named the legality
of proof;
b) The piece of evidence must be credible, meaning
it must have as a purpose the proving of credible facts;
c) The piece of evidence must be meaningful,
meaning it must be connected to the object of the case;
d) The piece of evidence must be conclusive,
meaning it must be relevant, essential for solving the
case;
e) The piece of evidence must be useful, meaning
it must be necessary to solve the case, according to the
law and the truth.
2. The Notion of Digital Evidence
Digital evidence is used in an investigation to the same
purpose as physical evidence, but the main difference
between the two types of evidence is determined by the
fact that digital evidence only represents an asset and it
is not a tangible object.
Digital evidence has a material nature, through the
fact that it exists under the form of electromagnetic
signals, along the electromagnetic eld, which is a
recognized form of existence of matter. Digital evidence
is expressed under binary form, manifested through the
existence of electrical impulses, with two standardized
values, or through two fundamental states of existence of
the magnetic eld. For example: the data on a hard disk
represents an area of the physical disk with a magnetic
eld, the signals in a cable represent electrical impulses,
and wireless networks use radio waves transmitting
encoded digital data
4
.
There are several denitions in the eld of digital
evidence. The International Organization on Computer
Evidence (I.O.C.E.) denes digital evidence as any piece
of information stored or transmitted in a binary form, which
can be presented in a court
5
. The Scientic Working
Group on Digital Evidence uses a similar denition (and
rightly replaced the word binary) to the one previously
presented, digital evidence representing the information
with probative value stored or transmitted in a digital
format
6
.
The Justice Department of the United States of
America dened digital evidence as, information and
data of investigative value that is stored or transmitted
via an electronic device
7
. The same denition of digital
evidence, which was mentioned above, can also be
found in the material published by the Association of
Chief Police Ofcers (ACPO)
8
.
Digital evidence represents that information with
evidentiary value for the prosecution bodies and for
courts, which is stored, processed or transmitted via a
computer system
9
.
Any of the above denitions are acceptable for a
discussion about the investigation in the computer
eld, but they are not general enough, because these
denitions refer either to the computer, or to the judicial
system, or to a stage of the investigation process.
Rezumat
Probele digitale sunt utilizate ntr-o investigare n aceleai scopuri ca probele zice, dar
diferena major ntre cele dou tipuri de probe este determinat de faptul c probele digitale
reprezint numai o valoare i nu sunt obiecte tangibile. Probele digitale n mod aparent nu
sunt evidente, ele ind coninute n echipamentele informatice care le stocheaz. Este
nevoie de echipamente de investigare i de softuri specice pentru a face ca aceste probe
s e disponibile, tangibile i utilizabile.
Cuvinte cheie: probe digitale; sisteme informatice; probe digitale volatile; probe digitale
nevolatile; standarde n domeniul probelor digitale.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 685
All the objects existing at the crime scene are
considered as data, and the investigator must interpret
the objects in order to determine what information can
be obtained, and which objects are relevant for the
investigation, as these must be collected as evidence.
The evidence can have a judicial and an investigation
value. The judicial value of evidence represents the
information that can be accepted in the criminal trial.
The investigation value represents the information that
can be used in the process of investigation, for example
to accept or reject a hypothesis, or to nd further evidence
that is important for the investigation process.
By using a combination of the digital evidence
denitions that have been presented and of theoretical
knowledge, we can formulate a general denition of digital
evidence, as being any digital data containing credible
information and that accepts or rejects a hypothesis
about an incident. The credibility and relevance of a
piece of digital evidence is assessed during the process
of interpretation of computer data in order to produce
information.
3. Principles and Standards in the Field of
Digital Evidence
The International Organization on Computer Evidence
(I.O.C.E.) elaborated a series of principles in the eld of
digital evidence:
10
In the process of obtaining digital evidence, the
actions taken must not be modied;
When it is necessary for a person to access the
original digital evidence, this person must be forensically
competent;
All the activities regarding the investigation,
storing, the examination or transfer of the digital evidence
must entirely be recorded in writing and be kept available
for evaluation;
A person is responsible for all the activities
related to digital evidence as long as it is in that persons
possession;
Any organization responsible for the investigation,
accessing, storing or transferring of digital evidence is
responsible for compliance with these principles.
Organizations such as the International Association of
Computer Investigative Specialists (I.A.C.I.S.) provided a
series of standards for the scientic examination of digital
evidence:
11
The original piece of evidence should be
preserved in a state as close as possible to the state in
which it was found;
An exact copy of the original must be made, in
order to use it in the examination process so that the
integrity of the original should not be destroyed;
The data copies for the examination must
be made on data carriers that do not have other data
memorized on them; the data carriers must be entirely
clean and checked for viruses and defects;
All the evidence must be marked, labeled and
recorded, and also a chain of custody must be kept, and
every step of the forensic investigation must be recorded
in detail.
The Scientic Working Group on Digital Evidence
elaborated standards in the eld of digital evidence:
12
Principle 1
In order to make sure that the digital evidence is
collected, secured, examined or transferred so as to
preserve its accuracy and reliability, the organizations
will establish and comply with an effective system of
quality control. The Standard Operating procedures
SOPs constitute the basis of the quality control system;
they must be supported by appropriate records and to
use procedures, equipment and materials that are widely
accepted.
Standards and Criteria 1.1.
All the organizations realizing investigations of
digital evidence will comply with an SOP-type document.
All the aspects linked to the policies and procedures
referring to digital evidence will be clearly highlighted
in SOPs, a document issued by the organization
management.
Standards and Criteria 1.2.
The organization management will annually reassess
the SOPs in order to ensure their effectiveness.
Standards and Criteria 1.3.
The procedures being used must be widely accepted
in the eld or supported by data that is obtained and
recorded in a scientically correct manner.
Standards and Criteria 1.4.
The organization will possess written copies of
technical procedures.
Standards and Criteria 1.5.
The organization will use appropriate and effective
hardware and software for carrying out the investigation
and examination procedures.
Standards and Criteria 1.6.
All the actions related to the investigation, storing,
examination or transfer of digital evidence must be
recorded in writing and be kept available for evaluation
and presentation in court.
Standards and Criteria 1.7.
Any action that may alter, produce or destroy any
aspect of the original evidence must only be realized by
qualied persons, according to the IT crimes investigation
procedures.
4. Characteristics of Digital Evidence
Digital evidence must present the following general
characteristics that correspond to the requirements of
any type of evidence:
13
1. Admissible: digital evidence must comply with
certain legal rules before being presented before a
court.
2. Authentic: It must be possible, beyond any doubt,
to make a connection between the evidentiary material
and the incident.
3. Complete: it must present the whole story, not
just a certain perspective.
4. Solid: there must be no suspicion as to the
way in which the evidence was collected and handled;
also, there must be no doubt about its authenticity and
veracity.
5. Credible: the court must nd it credible and
comprehensible.
At the same time, digital evidence also presents
specic characteristics:
14
1. Fragile Some digital evidence that is processed
by a computer system is very fragile and can easily be
erased or modied
15
.
This aspect is relevant not only for the assessment
of digital evidence, but also for the process of evidence
collection.
686 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
2. Susceptible to alteration
One of the fundamental principles of computer crimes
investigation is the need to maintain the integrity of digital
evidence
16
.
Ensuring a complete documentation of the investigation
process and also applying some methods in order to
maintain the integrity of computer data is essential in
order to demonstrate the fact that the evidence was not
tampered with
17
.
3. Digital evidence is not obvious apparently, as it
is contained in the IT equipment storing it. One needs
investigation equipment and specic software to render
this evidence available, tangible and usable.
4. In terms of the computer data persistence, digital
evidence can be classied in volatile and non-volatile
digital evidence.
The data being temporarily stored in the system
memory (including the RAM, cache memory, the system
peripherals memory, such as the video card, or the
Network Interface Card) is called volatile data, because
the memory is dependent on electricity supply in order
to keep its contents
18
. When the system interrupts its
power supply, then the contents of the memory are lost
19
. Because of this, digital evidence should be collected
rst, due to the fact that it can disappear before being
recorded or collected.
Non-volatile data is not lost when the computer system
is turned off or when it loses its power supply. This data
is stored on data carriers, such as: the hard disk or other
storage devices for non-volatile data.
5. As digital evidence exists in binary format,
it needs to be interpreted to a certain degree before it
becomes comprehensible to the investigator.
5. Potential digital evidence in computer systems
Digital evidence can be found in les, which are stored
on the hard disk and other storage devices:
20

1. User-created les: address books; audio and
video les; calendars; database les; text les and
document les; e-mail les; image les; spreadsheet
les.
2. User-protected les: compressed les; encrypted
les; hidden les; password-protected les; les hidden
by steganography.
There are le components that can have evidentiary
value, including the date and time of its creation,
modication, deletion, accessing, the user name and the
le characteristics.
3. Computer-created les:
backup les - cookies
conguration les - log les
hidden les - swap les
history les - system les
- temporary les
4. Other areas where les can be found:
reserved areas; unallocated space; slack space;
free space; hidden partitions.
6. Potential Digital Evidence in the Network
Trafc
The term network trafc refers to the communications
in computer systems, which are realized through wired or
wireless networks between computers. The investigation
of a computer system implies the examination of network
digital data in a real time framework. The main purpose
of real time examinations of computer systems is to
discover and capture the activities in the network, which
can compromise a computer system 21. Investigators
can use data in the network trafc to reconstitute and
analyze the attacks occurring through the network, and
to identify various types of operational problems.
There are several types of data sources related to the
network trafc:
22
a. Firewalls and Routers;
b. Packet Sniffers and Protocol Analyzers;
c. Intrusion Detection Systems;
d. Remote Access Servers;
e. Security Event Management Software;
f. Network Forensic Analysis Tools.
There are also other sources related to the network
trafc: 23 Dynamic Host Conguration Protocol Servers
(DHCP); Network Monitoring Software; Internet Service
Provider Records; Client/Server Applications; Hosts
Network Congurations and Connections.
7. Potential Digital Evidence Related to the Internet
Network
Digital evidence can be found in the following Internet
applications: IP address, e-mail; Web pages; instant
messaging; Chat Rooms; Internet Relay Chat (IRC).
The purpose of an Internet crime investigation is to
identify the origin of the IP address and its trace to the
source.
In order to attribute on-line activities to a certain person,
investigators must rst localize the computer that was
used in committing the crime, and then determine who
used the computer at that certain moment. In addition,
investigators must establish a clear connection between
the on-line activities and the suspects computer, thus
establishing the crime continuity.
8. Principles of Examination of a Computer System
in order to Obtain Digital Evidence:
24
1. Content
The examinations can determine the type of data les
existing in a computer system.
2. Comparison
The examinations can compare the data les in the
computer system with known data les and documents.
3. Transaction
The examinations can determine the time and
sequence in which the les were created.
4. Extraction
The data les can be extracted from the computer
system or from the data storage devices.
5. The deleted data les
The deleted data les can be recovered from the
computer system or from the data storage devices.
6. Format conversion
The data les can be converted from a format into
another format.
7. Search by keyword
The data les can be searched by words or phrases,
and these activities will be recorded.
8. Passwords
Passwords can be recovered and used to decrypt
encoded les.
9. The limited code source
The source code can be analyzed and compared.
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 687
Reference Notes
1. Constantin, Radu; Drghici, Pompil; Ioni, Mircea
(2000). Expertizele mijloc de prob n procesul penal.
Bucharest: Editura Tehnic, p.11.
2. Mateu, Gheorghi (1997). Procedur penal.
Partea general. Iai: Editura Fundaiei Chemarea, volumul
II, p.152.
3. Constantin, Radu; Drghici, Pompil; Ioni, Mircea
(2000). Expertizele mijloc de prob n procesul penal.
Bucharest: Editura Tehnic, p.12.
4. Carrier, Brian; Spafford, Eugene H. (2004).
The Center for Education and Research in Information
Assurance and Security, Dening and Modeling Digital
Evidence Using Data Flows, p.3. Retrieved 26 May 2010
from https://www.cerias.purdue.edu/apps/reports_and_
papers/view/2673
5. International Organization on Computer Evidence
(2002). G8 Proposed Principles For The Procedures
Relating To Digital Evidence. Retrieved 26 May 2010 from
http://www.ioce.org/core.php?ID=17
6. Scientic Working Group on Digital Evidence
(2002). ASCLD Glossary Denitions. Retrieved 26 May
2010 from http://www.swgde.org/documents.html
7. U.S. Department of Justice. Ofce of Justice
Programs. National Institute of Justice, Washington
D.C. (2001). Electronic Crime Scene Investigation.
A Guide for First Responders, p.2. Retrieved 26 May
2010 from http://nij.ncjrs.gov/publications/pub_search.
asp?searchType=all&category=99
8. Association of Chief Police Ofcers (2003). Good
Practice Guide for Computer-Based Electronic Evidence,
p. 6. Retrieved 26 May 2010 from http://www.7safe.
com/electronic_evidence/ACPO_guidelines_computer_
evidence.pdf
9. Romanian Information Technology Initiative and
the Romanian Government (2004). Ghid introductiv pentru
aplicarea dispoziiilor legale referitoare la criminalitatea
informatic, Bucharest, p.74. Retrieved 2 February 2010
from http://www.riti-internews.ro/ro/ghid.htm
10. Scientic Working Group on Digital Evidence,
International Organization on Computer Evidence (1999).
Digital Evidence: Standards and Principles. Retrieved
27 May 2010 from http://www.fbi.gov/hq/lab/fsc/backissu/
april2000/swgde.htm#International
11. Littlejohn Shinder, Debra; Tittel, Ed (2002).
Scene of the cybercrime. Computer Forensics Handbook.
Rockland, Massachusetts: Syngress Publishing Inc.,
p.552.
12. Scientic Working Group on Digital Evidence,
International Organization on Computer Evidence (1999).
Digital Evidence: Standards and Principles. Retrieved
27 May 2010 from http://www.fbi.gov/hq/lab/fsc/backissu/
april2000/swgde.htm#Standards
13. Mohay, George; Anderson, Alison; Collie, Byron;
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Intrusion Forensics., Norwood, Massachusetts: Artech
House Inc., p.121;
Vacca, John R. (2005). Computer Forensics. Computer
Crime Scene Investigation, Second Edition, Boston,
Massachusetts: Charles River Media Inc., p.220;
Brezinski, Dominique; Killalea, Tom (2002). Network
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Archiving. Retrieved 27 May 2010 from http://www.rfc-
archive.org/getrfc.php?rfc=3227
14. Council of Europe, Economic Crime Division,
Directorate General of Human Rights and Legal Affairs,
Strasbourg, March 2010 (2010). Cybercrime training for
judges: Traininig manual, pp. 66-67. Retrieved 27 May 2010
from http://www.coe.int/t/dghl/cooperation/economiccrime/
cybercrime/documents/training/default_EN.asp
15. Moore, Robert (2004). To view or not to view:
Examining the plain view doctrine and digital evidence,
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1761761477/?p=812da9005b664a95bbf26fd70808182b&
pi=12
16. Hosmer, Chet (2002). Providing the Integrity
of Digital Evidence with Time, in International Journal
of Digital Evidence, Spring 2002, Volume 1, Issue 1,
p.1. Retrieved 27 May 2010 from http://www.utica.edu/
academic/institutes/ecii/publications/articles/9C4EBC25-
B4A3-6584-C38C511467A6B862.pdf
17. Giordano, Scott M. (2004). Electronic Evidence
and the Law, in Information Systems Frontiers, Springer
Netherlands, Volume 6, Number 2, June 2004, p.162.
Retrieved 27 May 2010 from http://www.springerlink.com/
content/p7057618102v4405/
18. Littlejohn Shinder, Debra; Tittel, Ed (2002).
Scene of the cybercrime. Computer Forensics Handbook.
Rockland, Massachusetts: Syngress Publishing Inc.,
p.559.
19. Nolan, Richard; OSullivan, Colin; Branson, Jake;
Waits, Cal (2005). First Responders Guide to Computer
Forensics, CERT Training and Education, March 2005,
Carnegie Mellon University, Pittsburgh, Pennsylvania,
p.89. Retrieved 27 May 2010 from http://www.forensics.nl/
links
20. U.S. Department of Justice. Ofce of Justice
Programs. National Institute of Justice (2001). Electronic
Crime Scene Investigation. A Guide for First Responders,
2001, Washington D.C., pp.10-11. Retrieved 26 May
2010 from http://nij.ncjrs.gov/publications/pub_search.
asp?searchType=all&category=99
Harrison, Warren; Aucsmith, David; Heuston, George;
Mocas, Sarah; Morrissey, Mark; Russelle, Steve (2002).
A Lessons Learned Repository for Computer Forensics,
in International Journal of Digital Evidence, Fall 2002,
Volume 1, Issue 3, p.1. Retrieved 28 May 2010 from
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cfm?action=issue&id=3
21. Chaikin, David (2006). Nertwork investigations of
cyber attacks: the limits of digital evidence, in Crime, Law
and Social Change, volume 46, no.4-5, December 2006,
Springer Netherlands, p.243. Retrieved 22 June 2010 from
http://www.springerlink.com/content/g002057l01381lgw/
22. National Institute of Standards and Technology.
Technology Administration. U.S. Department of Commerce
(2006). Guide to Integrating Forensic Techniques into
Incident Response, Gaithersburg, Maryland, pp.6-5 -
6-8. Retrieved 14 May 2010 from http://csrc.nist.gov/
publications/PubsSPs.html
23. Marcella, Albert J.; Mendez, Doug (2008). A Field
Manual for Collecting, Examining, and Preserving Evidence
of Computer Crimes, Second Edition, Boca Raton, Florida:
Taylor & Francis Group, Auerbach Publications, p.160.
24. U.S. Department of Justice, Federal Bureau
of Investigation, Handbook of Forensic Services, FBI
Laboratory Publication, Federal Bureau of Investigation,
Quantico, Virginia, pp.26-27. Retrieved 28 May 2010 from
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688 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
OMUCI DER E, S UI CI D, S AU ACCI DENT?
HOMICIDE, SUICIDE OR ACCIDENT?
Abstract
The authors present a special case occurred in Tulcea county. A woman, from Dunvul
de Jos commune, was encountered stabbed in the chest in an annex of the house. During the
investigations performed on site, the complex team concluded that the woman committed
suicide, leaving a note on which she had written the reasons for taking her life.
Key words: suicide, investigation on site, complex team, graphoscope expertise.
Rezumat
Autorii prezint un caz deosebit, care a avut loc pe raza judeului Tulcea. O femeie, din
comuna Dunvul de Jos, a fost gsit njunghiat n piept ntr-o dependin a locuinei.
Pe timpul cercetrilor efectuate la locul faptei, echipa complex a stabilit c femeia s-a
sinucis, lsnd un bilet pe care a scris motivele pentru care i-a luat viaa.
Cuvinte cheie: Suicid, investigarea locului faptei, echipa complex, expertiza
grafoscopic.
Forensic Service - TULCEA Ispectorate Police
Insp. Ionu-Valentin NICULACHE
Pr. Ag. Dumitru NEAGU
Coroner dr. Vasile DANU
The world today creates conditions for the
emergence, development and amplication of the
emotional-rational sense of insecurity. Tensions
present in society and amplied at the family level,
suicide being a preferred solution next to the current
difculties. Two thirds of those who commit suicide
are known to have at least one suicidal attempt in the
previous period. Suicidal act involves the existence of
a real or an imagined problem that apparently has no
solution and which the suicider can not escape only by
the tragic act of suicide.
On march the 5th 2010 4 p.m., the National Emergency
Call System 112, the dispatcher of the Tulcea County Police
Inspectorate was brought before the fact that, in Tulcea
County, in the village of Lower Dunavatu, in an outbuilding
of mr. Ivanov D.s house , mrs. Ivanov Dorina, 42 years old,
was found stabbed in the chest (Photo No. 1 and 2).
Photo No. 1 Photo No. 2
At the headquarters of Tulcea County Police Inspectorate,
an operational team had been formed: homicide prosecutor
Gheorghe Popovici from the National Prosecution Service
of Tulcea County Court, ofcers within the Criminal
Investigation Service, commissar Muhulet Dan and sub-
commissar Ladaru Cristian, coroner M.D. Vasile Dasanu
and forensic experts agents Dumitru Neagu and Catalin
Mitea of the Forensic Unit. The operational team went to the
scene of crime to conduct forensic investigations in order to
elucidate the causes of death and circumstances in which
it occurred. The main problem that appeared from the start
was to differentiate between the manner of death, namely
violent death by murder, suicide or accident, issues that
must always be set out with greater precision.
The operational
team reached the spot
and found a dramatic
scene, where inside
a outbuilding laid the
body of mrs. Ivanov
Dorina having a knife
stuck in her chest
(Photo No. 3 and 4).
From the rst
i n v e s t i g a t i o n s
carried out at the
scene and the initial
reports presented
by the workers of
the Murighiol Police
Station, that have
preserved and
secured the scene,
one of the working
hypotheses based on
preliminary ndings
was the suspicion of
a homicide case, within
the context of conjugal
violence based on the
substance intoxication
of the spouses.
They proceeded to the technical and scientic forensic
investigation of the crime scene, culminating with the
detailed forensic examination of the body and the existing
lesions on the victims body, where they found numerous
Photo No. 3
Photo No. 4
CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI 689
wounds caused by the action of one or more sharp blades,
namely, the victim displaying a deep cut(stab) wound to the
neck and a penetrating stab wound to the chest, the last
lesion presenting a kitchen knife stuck in chest box up to the
middle third of the blade (Photo No. 5 and 6), close to the
corpse was a pool of blood.
Photo No. 5
Photo No. 6
Stab wounds were caused by the action of sharp
instruments. Most of them were homicidal. In the case of
the stabbed wounds, the length of wound channel(internal
component) in the body exceeds the length of the skin
wound(external component). Skin wound edges are
usually smooth, sharp, no bruising and no excoriation.
The main problem with cut wounds is to distinguish them
from concussion wounds or rupture, which are nothing but
skin tears, caused by a force contusion impact with a hard
surface or a blunt body. The most commonly used tool
causing a stab wound is a knife, vulnerable agent which by
virtue of its high prole and shape and sharp edges can also
produce cut wounds (Photo No. 7 and 8).
Typically, knives have a smooth blade, single-edged,
with sharp tip and blades usually have a length of about and
10-20 centimeters and are in the category of kitchen knives,
hunting knives, or knives of shery.
Rarely, other objects such as screwdrivers, bits of
glass, scissors, stakes, etc.. can be used to cause wound
stabbed.
The force required to pierce the skin depends on the
conguration of the tool and the cutting edge and the
sharpness of the blade tip .Once it enters the skin with the
tip, the rest of the blade penetrates relatively easy in the
body and, if not it does not hit a bone, the knife penetrates
easily through the organs with a relatively small force. Thus,
even if the blade is fully implanted, this does not necessarily
mean that the knife was handled with a force of great
intensity.
Photo No. 7
Photo No. 8
In this context,
judiciary photos were
taken immediately,
biological samples
and other kind have
been identied, xed
and collected, while
examining in detail the
objects present in the
room environment.
Extending research by
forensic investigation of the court premises and outbuildings
near the house called Doris Ivanov, a suicidal note(the so-
called death note) was discovered in a bedroom, which
contained the following messages: Illness forced me ...
forgive me children, I can not live(Photo No. 9 and 10).
Examining the ticket it was concluded that the last note was
written by the victim, indicating from the content, she was
overcome by a disease and asked forgiveness for those dear
to her for her autolytic gesture. Subsequently, penmanship
expertise determined that the handwriting belonged to mrs.
Ivanov Dorina.
Photo No. 10 Photo No. 9
Based on notes written by fail-suiciders and the stories of
those who try to commit suicide we can distinguish different
types of suicidal feelings, such as feelings of apology,
remorse, guilt, revenge, generosity. Difcult situation,
autolytic and suicide attempts, expresses a serious
disturbance of consciousness. These ndings include
dominants of different types of situations that are expressive
of cultures, traditions, psychopathological relationships and
situations from the trajectory of society.
The major risk in the society is the presence of individuals
who, despite appearances of strength and stability, are
beings with a mentally weak, unable to master and control
their emotional impulses, especially in the condition in
which, under negative pressure of socio-economic stressors
extremely strong today, the number of people likely to give a
mentally unstable is growing.
The facts gathered and characterizing the womens
gesture, we conclude by quoting Freud: The one who
commits suicide is a criminal, that fails to focus his gesture
towards a person who has hurt him on religious or legal
grounds itself and turns his gesture towards himself.
690 CRIMINALISTICA NR. 2 (74), APRILIE 2011, VOL. XI
FORENSIC EVIDENCE
IN OFFENCES
AGAINST LIFE
The Publishing House of the
University of Oradea elaborated the
work Forensic Evidence in Offences
Against Life, authors: Viorel Gavra,
prime prosecutor of Prosecution Service
attached to Bihor Tribunal, Camelia
Buha and Carmen Radu, coroners.
The work approaches, in an
interdisciplinary manner, a permanently
current subject, following to present the
issues specic to an offence. The authors
emphasize the role of forensic and forensic
medicine expertises. At the same time, it presents in
detail the role of psychiatric forensic expertise.
Pursuant to the study performed by
several specialists of Romanian Forensic
Association, it resulted that the work
corresponds, in terms of scientic
accuracy and logics, to the investigation
of the analysed eld.
The work contains the following
chapters: General observations
concerning judicial activity; Judicial
frame of performance of criminal
liability; Evidence and means of
evidence in criminal proceedings
legislation; Investigation on site
procedural activity; Disposing
and valuing forensic expertises in
violent deaths; Forensic expertise;
Forensic medicine expertise;
Psychiatric forensic expertise.
I congratulate the authors for their valuable work.
V. LPDUI
FORENSIC
INTERPRETATION
OF MOTOR VEHICLE
PEDESTRIAN
ACCIDENT
Recently, under the care of Little
Star Publishing House, appeared
the work Forensic Interpretation
of Motor Vehicle - Pedestrian
Accident, author eng. Mircea
Fierbineanu, judicial technical
expert. About the author and
his numerous works elaborated
in our journal, in the previous numbers, a
range of data was presented.
This work is addressed mainly to the specialists
preoccupied with the study of road
trafc or special accidentology, as the
motor vehicle - pedestrian case.
The work includes the following
chapters: Accident with pedestrians;
Analysis of the motor vehicle form;
Biological traces of accidents with
pedestrians; Collisions motor vehicles -
pedestrians on high speeds (over 70km/h);
Simulations of motor vehicle - pedestrian
accident; USD expertise; Reconstitution of
motor vehicles - pedestrians accidents.
At the end of the book, the author
presents a brief forensic dictionary and
annexes with photos related to some issues
of the work.
Renata-Minodora WATSON
CRIMINOLOGY
(Course notes)
In February this year, the
Publishing House Little Star Impex
S.R.L. Bucharest elaborated the
work Criminology course notes,
author Mr. general major (r) university
lect. dr. Iancu tefan, an academic of
Romanian University of Science and
Art Gheorghe Cristea Bucharest.
The book contains the following
chapters: Introduction in criminology;
Methods and techniques of investigation
in criminology; Theories and currents of
causal nature; Causes of criminality and
of criminal offences; Criminology matters
related to the personality of criminal and
dynamics of passing to criminal act; General
matters related to social reaction against
criminogenic phenomenon; Prevention of
crimes and treatment of delinquents.
For documentation, the author used
bibliographical materials both from the
country and abroad.
Since Mr. general major (r) university
lect. dr. Iancu tefan worked for many
years in Romanian Police, managing
to study the causes of crimes, the work
presents opinions and conclusions of
certain scientic value, which may be
extremely useful for those interested
in this eld.
Renata-Minodora WATSON
NOUTI EDITORIALE EDITORIAL NOVELTIES
PASC - PROFESSIONAL ASSOCIATION OF SECURITY COMPANIES
- We buiId cIeverIy private security -
Who we are
The ProIessional Association oI Security Companies was incorporated pursuant to the initiative oI the
most important specialised companies in Romania. Rosegur and G4S Cash Solutions and has as
associated members the companies Civitas PSG. Magic SaIe Security and RPG Security Center. P.A.S.C.
intends to create a cultural model oI private security in Romania. raising the proIessionalism degree in
industry. a Iirm legislation and perIectly harmonised on European level.
P.A.S.C. is a proIessional. apolitical. non-governmental and non-proIit organisation.
Why it is necessary a professional association of security companies
Currently. in Romania. the companies Irom the industry oI private security Iace multiple problems. Some
companies in the industry practice dumping prices which mean either weakly prepared staII or limited
resources to assure properly an obiective or even procedural and contractual vices. In the guardianship
law which regularizes Romanian security industry are unclear issues. which allows Ior interpretations.
Another problem is work under the table and all consequences determined. There are no reports. studies.
statistics. on national level. and the last statistics oI CESS ConIederation oI European Security Services
date Irom 2008. In Romania. unlike the rest oI Europe. the competences oI security staII are not cleared
up entirely. The current image suggests that police and private security companies belong to diIIerent
'Iamilies.
All these provide a high disadvantage to private security companies: a negative image on market. as well
as the mistrust oI potential clients in Iinancial services and oIIers oI guard companies.
P.A.S.C. President
Currently. the position oI President is held by Adrian Baciu. expert in integrated services oI security
management. with a wide experience in the Iield on national and international level.
Contact data:
Adrian Baciu
President
ProIessional Association oI Security Companies
32 Londra street. 1st Iloor. 1st district
Telephone/Fax: 40 21 230 4124
Mobile: 40 727 308 209
E-mail: a.baciu(apcs.ro / oIIice(apcs.ro
Web: www.apcs.ro